CHAPTER Agr 900  STANDARDS FOR FARM PRODUCTS:  BRANDS, LABELS, GRADES

 

Statutory Authority:  RSA 426:1, 428:27, 434:16, 434:19; 434:59, III and 434:60

 

PART Agr 901  APPLES

 

Agr 901.01  Apples.  Requirements for production, sale, and marketing of apples in New Hampshire shall be as those promulgated by the U.S. Department of Agriculture under Title 7 CFR Part 51, Subparts B and C.

 

Source.  #4067, eff 6-5-86; ss by 4547, eff 12-16-88, EXPIRED: 12-16-94

 

New.  #6170, eff 1-24-96, EXPIRED: 1-24-04

 

New.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 901.02

 

Source.  #4067, eff 6-5-86; ss by #4547, eff 12-16-88, EXPIRED: 12-16-94

 

Agr 901.03  Grades.

 

Source.  #4067, eff 6-5-86; ss by #4547, eff 12-16-88; amd by #5705, eff 9-21-93, EXPIRED: 9-21-99

 

Agr 901.04 – Agr 901.05

 

Source.  #4067, eff 6-5-86; ss by #4547, eff 12-16-88, EXPIRED: 12-16-94

 

Agr 901.06  Tolerances.

 

Source.  #4067, eff 6-5-86; ss by #4547, eff 12-16-88; amd by #5705, eff 9-21-93, EXPIRED: 9-21-99

 

Agr 901.07 – Agr 901.10

 

Source.  #4067, eff 6-5-86; ss by #4547, eff 12-16-88, EXPIRED: 12-16-94

 

PART Agr 902 - RESERVED

 

PART Agr 903 HONEY

 

Agr 903.01  Purpose.  The rules in this part implement the procedures of the department of agriculture, markets, and food, pursuant to RSA 429:13-27.

 

Source.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 903.02  Applicability.  The rules in this part apply to any person who labels for shipment, packs, sells, offers for sale, exposes for sale, distributes, handles, or produces honey or honey products in New Hampshire.

 

Source.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 903.03  Definitions.

 

          (a)  “Honey ,” “liquid or extracted honey”, “strained honey”, or “pure honey” means “honey”,

“liquid or extracted honey”, “strained honey”, or “pure honey” as defined in RSA 429:13, VII, namely “the nectar of plants that has been transformed by and is the natural product of the honeybee, either in the honeycomb, or taken from the honeycomb and marketed in a liquid, crystallized or granulated condition.”

 

          (b)  “Honey products” means “honey products” as defined in RSA 429:13, VII-a, namely “only honey, liquid or extracted honey, strained honey, pure honey, comb honey, chunk honey, creamed honey, or any other product in which the sugar content is entirely derived from pure honey and to which nothing has been added.”

 

          (c)  “Person” means “person” as defined in RSA 429:13, XV, namely “any individual, firm, partnership, corporation, association, cooperative or business trust.”

 

Source.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 903.04  Honey Grades.  The grades for honey shall be those as promulgated by the United States Department of Agriculture (USDA), Agricultural Marketing Service, (AMS), as provided in “United States Standards for Grades of Extracted Honey”, AMS 52, effective May 23, 1985 available as noted in Appendix II.

 

Source.  #6977, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 903.05  Ungraded Honey.  Packages of ungraded honey may be offered for sale or distribution provided that the label uses either the term "ungraded" or the term "not graded."

 

Source.  #6977, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 903.06  Labeling.

 

          (a)  All honey or honey product labels shall meet the requirements of RSA 429:20-23 and comply

with all applicable federal and state laws relating to consumer fraud.

 

          (b)  All labels shall be clear and legible.

 

          (c)  No honey shall be labeled as being a New Hampshire product, or labeled in any manner which could imply that the honey was produced in New Hampshire, unless all hives from which honey was gathered were located within the state of New Hampshire during the entirety of nectar collection and entirely harvested, processed, and packaged in New Hampshire.

 

Source.  #6977, eff 4-21-99, EXPIRED: 4-21-07

 

New.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

PART Agr 904  MAPLE SYRUP

 

Statutory Authority:  RSA 426:1, RSA 429:25

 

Agr 904.01  Purpose.  These rules implement the procedures of the department of agriculture, markets and food, pursuant to RSA 429:13-27, relative to grading, labeling, packaging, and sale of maple products in New Hampshire.

 

Source.  #1681, eff 1-1-81; ss by #2186, eff 12-10-82; ss by #2656, eff 3-23-84, EXPIRED 3-23-90

 

New.  #4956, eff 10-19-90; EXPIRED 10-19-96

 

New.  #6453, eff 2-15-97, EXPIRED: 2-15-05

 

New.  #10744, eff 12-16-14; ss by #14225, eff 3-29-25

 

Agr 904.02  Applicability.  These rules shall apply to any person who produces, packages, or distributes maple products for sale or distribution in the state.

 

Source.  #1681, eff 1-1-81; ss by #2186, eff 12-10-82; ss by #2656, eff 3-23-84, EXPIRED 3-23-90

 

New.  #4956, eff 10-19-90; EXPIRED 10-19-96

 

New.  #6453, eff 2-15-97, EXPIRED: 2-15-05

 

New.  #10744, eff 12-16-14; ss by #14225, eff 3-29-25

 

Agr 904.03  Definitions.  The following words shall have the meanings indicated when used in this part:

 

          (a)  “Act” means RSA 429:13-27;

 

          (b)  “Baume” means a measurement that relates the density of a liquid to that of a salt solution;

 

          (c)  “Brix” means a measurement of the percent of soluble solids in a liquid;

 

          (d)  “Buddy” means the unpleasant flavor characteristics of syrup or sugar made from sap collected from maple trees as they come out of dormancy, just prior to and during the onset of bud break. The term includes “buddiness”;

 

          (e)  “Bulk maple syrup” means “bulk maple syrup” as defined in RSA 429:13, III, namely “maple syrup packed in containers of more than one gallon”;

 

          (f)  “Clean” means that the syrup is practically free from foreign material;

 

          (g)  “Color comparator” means any device that compares an unknown color with that of a standard color sample for comparison purposes or by the use of a digital device which measures the percent of light transmission through the syrup;

 

          (h)  “Color standards” means the standards for maple syrup as set in Agr 904.05 based on a color comparator or spectrophotometer;

 

          (i)  “Commercial sugarmaker” means “commercial sugarmaker” as defined in RSA 429:13, III-a, namely “a  person who collects or purchases maple sap for maple production and sale”;

 

          (j)  “Damage” means any defect that affects the purity, safety, color, appearance, flavor, aroma, edibility, or shipping quality of the maple syrup or maple products, including the presence of fermentation, or any buddy flavor, scorched flavor, bitter flavor, or other distasteful foreign flavor, or disagreeable odor;

 

          (k)  “Delicate” means mild maple taste;

 

          (l)  “Light transmission” means the ability of maple syrup to transmit light as determined optically by means of a color transmission spectrophotometer;

 

          (m)  “Maple packer” means “maple packer” as defined in RSA 429:13, VII-b, namely “a person who purchases and packs or further processes maple syrup for sale”;

 

          (n)  “Maple products” means “maple products” as defined in RSA 429:13, VIII, namely “only maple syrup, maple sugar, maple cream, or any other product in which the sugar content is entirely derived from pure maple sap and to which nothing has been added.”  Such products might be subjected to the use of filter aids used for the sole purpose of assisting the removal of suspended material or the use of defoaming agents intended for food processing;

 

          (o)  “Maple syrup” means “maple syrup” as defined in RSA 429:13, XII, namely “syrup made from pure maple sap and intended for human consumption or for use in the manufacture of maple products ;

 

          (p)  “Packaged maple syrup” means maple syrup packed in containers of one gallon or less;

 

          (q)  “Plainly and conspicuously” means that the lettering used to cover information required by the law on markings is large and legible enough so as not to be obscured by other markings or illustrations used;

 

          (r)  “Practically clear” means slight presence in suspension of fine particles of mineral matter, such as malate of lime, niter, sugar sand, or other substances that detract from the clearness of the syrup;

 

          (s)  “Practically free” means slight presence of foreign material such as bark, soot, dust, or dirt;

 

          (t)  “Product code” means any distinctive combination of letters, numbers, or symbols from which the origin of the manufacture, processing, packing, holding, and distribution of a batch or lot of syrup can be determined;

 

          (u)  “Pure maple syrup” means maple syrup that might be produced with the use of filter aids used for the sole purpose of assisting the removal of suspended material or the use of defoaming agents intended for food processing;

 

          (v)  “Rich” means a full-bodied maple taste of medium intensity;

 

          (w)  “Robust” means stronger maple taste than the lighter colors; and

 

          (x)  “Strong” means a maple taste that is stronger than robust.

 

Source.  #1681, eff 1-1-81; ss by #2186, eff 12-10-82; ss by #2656, eff 3-23-84, EXPIRED 3-23-90

 

New.  #4956, eff 10-19-90; EXPIRED 10-19-96

 

New.  #6453, eff 2-15-97, EXPIRED: 2-15-05

 

New.  #10744, eff 12-16-14; ss by #14225, eff 3-29-25

 

Agr 904.04  Density.  Maple syrup shall have a density ranging from 36 to 37 degrees Baume or 66.9 to 68.9 degrees Brix at 60 degrees Fahrenheit.

 

Source.  #2656, eff 3-23-84, EXPIRED 3-23-90

 

New.  #4956, eff 10-19-90; EXPIRED 10-19-96

 

New.  #6453, eff 2-15-97, EXPIRED: 2-15-05

 

New.  #10744, eff 12-16-14; ss by #14225, eff 3-29-25

 

Agr 904.05  Color Standards.

 

          (a)  Color standards with the equivalent results to the following light transmittance values (%Tc) on a spectrophotometer shall be as follows:

 

(1)  “Golden” ≥75.0;

 

(2)  “Amber” 50.0-74.9;

 

(3)  “Dark” 25.0-49.9; and

 

(4)  “Very Dark” <25.0.

 

          (b)  A color comparator or digital color transmission spectrophotometer shall be used for determining the color grade of maple syrup.

 

Source.  #2656, eff 3-23-84, EXPIRED 3-23-90

 

New.  #4956, eff 10-19-90; EXPIRED 10-19-96

 

New.  #6453, eff 2-15-97, EXPIRED: 2-15-05

 

New.  #10744, eff 12-16-14 (from Agr 904.04); ss by #14225, eff 3-29-25 (formerly Agr 904.04)

 

Agr 904.06  Maple Syrup Grades Established.  Grades and characteristics for maple syrup shall be as specified in (a) through (e):

 

          (a)  For “Grade A Golden Color, Delicate Taste” the following shall apply:

 

(1)  The syrup is clean and practically clear or better;

 

(2)  The color is golden;

 

(3)  The syrup is free from damage; and

 

(4)  The syrup might have a delicate flavor;

 

          (b)  For “Grade A Amber Color, Rich Taste” the following shall apply:

 

(1)  The syrup is clean and practically clear or better;

 

(2)  The color is amber;

 

(3)  The syrup is free from damage; and

 

(4)  The syrup might have a rich flavor;

 

          (c)  For “Grade A Dark, Robust Taste” the following shall apply:

 

(1)  The syrup is clean and practically clear or better;

 

(2)  The color is dark; 

 

(3)  The syrup is free from damage; and

 

(4)  The syrup might have a robust flavor;

 

          (d)  For “Grade A Very Dark, Strong Taste” the following shall apply:

 

(1)  The syrup is clean and practically clear or better;

 

(2)  The color is very dark;

 

(3)  The syrup is free from damage; and

 

(4)  The syrup might have a strong flavor; and

 

          (e)  For “Processing Grade” the following shall apply:

 

(1)  The syrup is pure maple syrup that might have objectionable odors or flavors;

 

(2)  The syrup is not graded as Grade A;

 

(3)  The syrup is not placed in packaged maple syrup containers and is not to be sold, offered for sale, or exposed for sale as packaged maple syrup; and

 

(4)  The syrup is designated or labeled as “Processing Grade”.

 

Source.  #1681, eff 1-1-81; ss by #2186, eff 12-10-82; ss by #2656, eff 3-23-84, EXPIRED 3-23-90

 

New.  #4956, eff 10-19-90; EXPIRED 10-19-96

 

New.  #6453, eff 2-15-97, EXPIRED: 2-15-05

 

New.  #10744, eff 12-16-14 (from Agr 904.05); ss by #14225, eff 3-29-25 (formerly Agr 904.05)

 

Agr 904.07  Tolerances for Established Grades.  In order to allow for variations incident to proper grading and handling, not more than 10 percent by count of the packaged maple syrup in any lot shall have syrup below the requirements for the grade, provided:

 

          (a)  There shall be no damage;

 

          (b)  None of the syrup shall be darker than the color standard than that which is required of the next darker grade;

 

          (c)  None of the syrup shall be lighter than the color standard than that which is required of the next lighter grade; and

 

          (d)  None of the syrup shall be outside the range of density identified in Agr 904.04.

 

Source.  #6453, eff 2-15-97, EXPIRED: 2-15-05

 

New.  #10744, eff 12-16-14 (from Agr 904.06); ss by #14225, eff 3-29-25 (formerly Agr 904.06)

 

Agr 904.08  Labeling.

 

          (a)  Any maple syrup, maple product, maple flavored product, or artificial maple flavored product label shall comply with applicable federal and state statutes, regulations, and rules, relating to labeling and consumer fraud.

 

          (b)  Artificial maple flavored products shall be clearly and conspicuously labeled on their principal display panel or panels with the term “artificial flavor” and meet the requirements of RSA 429:17.

 

          (c)  Artificial maple flavored products shall be labeled as follows:

 

(1)  The letters or words “artificial flavor” shall be of a size equal to, or larger than, other words used to describe the product;

 

(2)  The terms, “maple syrup” or “maple sugar”, however modified, shall not be used to describe an artificially-flavored product; and

 

(3)  Any restaurant menu listing such a product, or any advertising of such a product, shall clearly state that the product is artificially flavored, pursuant to RSA 429:17.

 

          (d)  Persons wishing to determine whether the labels for maple products comply with the terms of the law and these rules shall submit a copy of such labels to the department of agriculture, markets, and food prior to their printing and use.  If the label complies with the terms of the law and these rules, the department shall certify its compliance with the provisions of the law.

 

Source.  #6453, eff 2-15-97, EXPIRED: 2-15-05

 

New.  #10744, eff 12-16-14 (from Agr 904.07); ss by #14; ss by #14225, eff 3-29-25 (formerly Agr 904.07)

Agr 904.09  Containers.

 

          (a)  All sap collecting and storage containers shall be of materials meant for food or potable water.

 

          (b)  All containers of packaged maple syrup shall:

 

(1)  Be hot packed at a temperature of 180-190 degrees F;

 

(2)  Be packed in containers made from food grade material;

 

(3)  Have tamper evident seals placed over the container openings, which means it would be readily apparent if it was previously opened; and

 

(4)  Include a product code.

 

          (c)  All maple syrup containers, caps, and closures shall:

 

(1)  Be clean;

 

(2)  Be sanitary;

 

(3)  Be free from rust;

 

(4)  Not contain, or be constructed of, any substance which could tend to damage the color, flavor, marketability, purity, or safety of the maple syrup; and

 

(5)  Be stored, prior to use, in a manner that prevents contamination.

 

          (d)  Maple syrup shall not be packed in or found to be in cracked, punctured, bulged, rusty, or unsanitary containers which are unsealed or improperly sealed.

 

Source.  #10744, eff 12-16-14 (from Agr 904.08); ss by #14225, eff 3-29-25 (formerly Agr 904.08)

 

Agr 904.10  Bulk Maple Syrup.

           

          (a)  Bulk maple syrup sold directly to consumers, restaurants, or any other market where the syrup is not further processed before purchase by the consumer shall meet the same density standards as packaged maple syrup set forth in Agr 904.04.

 

          (b)  Bulk maple syrup sold directly to consumers, restaurants, or any other market where the syrup is not further processed before purchase by the consumer shall be labeled with the same information required by RSA 429:14.

 

          (c)  When the density of bulk maple syrup does not fall within the range set forth in Agr 904.04, the container shall be clearly marked “Notice- The syrup contained herein fails to meet state density standards.  The density is ____ points Baume at 60 degrees Fahrenheit.”  The accurate density for the syrup within the bulk container shall be stated.

 

Source.  #10744, eff 12-16-14; ss by #14225, eff 3-29-25 (formerly Agr 904.09)

 

Agr 904.11  Voluntary Registration.

 

          (a)  New Hampshire maple packers and commercial sugarmakers may register the name of the farm or business with the New Hampshire department of agriculture, markets, and food. The application for registration shall be completed and submitted on the “Maple Producer-Voluntary Registration Form”, furnished by the commissioner, as amended 3-25.

 

          (b)  Following receipt of a completed registration form, the department shall provide each registrant with a “Voluntary Registration Certificate” which may be displayed by the registrant or not at their option.

 

          (c)  The registration shall be for a 6-year period.

 

Source.  #14225, eff 3-29-25 (formerly Agr 904.10)

PART Agr 905 EGGS

 

Agr 905.01  “Eggs”  means “eggs” as defined in RSA 428:22, IV, namely “hens’ eggs.” 

 

Source.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 905.02  Size.  Size of all eggs for human consumption, which are sold, offered, exposed, or advertised for sale at retail or wholesale, or exchanged or distributed at retail or wholesale, within the state in bulk, or in open or closed packages or containers, shall be plainly and conspicuously marked and identified with the size or weight class, established by the U.S. Department of Agriculture (USDA), Agricultural Marketing Service (AMS), as AMS 56, “United States Standards, Grades and Weights Classes for Shell Eggs”, effective July 20, 2000 available as noted in Appendix II.

 

Source.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 905.03  Sale as Fresh.  The words “fresh”, “native”, “hennery”, “nearby”, “new laid”, or any other words or descriptions of similar import shall only be used on packaging or advertisement to sell, offer for sale, exchange, or distribute eggs that meet USDA Grade A or AA standards as set forth in the U.S. Department of Agriculture, Agricultural Marketing Service, as AMS 56, “United States Standards, Grades and Weights Classes for Shell Eggs”, effective July 20, 2000, and determined by candling.  

 

Source.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 905.04  Candling.  Candling means, “candling”, as defined in RSA 428:22, III, namely “the common practice of examining the interior of an egg by holding and twirling the same before a bright light passing through an aperture in an opaque shield.”

 

Source.  #14550, eff 4-1-26, EXPIRES: 4-1-36

PART Agr 906 - RESERVED

 

Source.  #4260, eff 4-30-87; ss by #4754, eff 1-30-90; amd by #5056, eff 1-25-91; amd by #5598, eff 3-22-93; ss by #6268, eff 6-25-96; rpld and reserved by #7838, eff 2-27-03

 

PART Agr 907 CIDER      

           

Agr 907.01  Purpose.  The rules in this part implement the procedures of the department of agriculture, markets, and food, pursuant to RSA 426:13-17.

 

Source.  #6070, eff 7-28-95; ss by #6588, eff 9-26-97, EXPIRED: 9-26-05

 

New.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 907.02  Applicability.  The rules in this part apply to any person who manufactures, blends, labels, distributes, sells, or offers for sale, cider in New Hampshire.

 

Source.  #6070, eff 7-28-95; ss by #6588, eff 9-26-97, EXPIRED: 9-26-05

 

New.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 907.03  Definitions.

 

          (a)  “Cider” means “cider” as defined in RSA 426:13, I, namely “the unfermented juice

of apples.”

 

          (b)  “Cider blend” means cider blended with natural juices derived from fruit other than

apples.

 

          (c)  “Commissioner” means “commissioner” as defined in RSA 426:13, II, namely “the

commissioner of the department of agriculture, markets, and food” or the commissioner’s authorized agent.

 

          (d)  “Pasteurization” means processing cider in a manner proven to effectively reduce

harmful microbial populations to a level that does not cause foodborne illness.

 

          (e)  “Person” means “person” as defined in RSA 426:13, III, namely “any individual,

firm, company, partnership, corporation, association, cooperative, business trust, or legal entity of any kind.”

 

Source.  #6070, eff 7-28-95; ss by #6588, eff 9-26-97, EXPIRED: 9-26-05

 

New.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 907.04  Additives and Adulterations.  Cider shall not be adulterated with sweeteners,

flavorings, water, or additives except:

 

          (a)  Approved chemical preservatives consistent with its use in provisions of the U.S. Food and Drug Administration’s regulations under 21 CFR 582, Subpart D; and

 

          (b)  The natural fruit juices required to make a cider blend, and labeled in accordance with Agr 907.05(d).

 

Source.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 907.05  Labeling.

 

          (a)  Any container of cider or cider blend sold in New Hampshire shall bear a label

that:

(1)  Clearly identifies its producer via name and current address;

 

(2)  Conspicuously and accurately describes the volume of its contents;

 

(3)  Includes the term “pasteurized” on the label if the cider has been pasteurized; and

 

(4)  Includes either the term “not pasteurized” or the term “unpasteurized” on the label if the cider has not been pasteurized.

 

          (b)  All labels shall be clear and legible and shall comply with applicable federal and state

statutes relating to labeling and consumer fraud.

 

          (c)  No cider or cider blend shall be labeled as being a New Hampshire product, or

labeled in any manner which could imply that the cider or cider blend was produced in New Hampshire, unless all apples or other fruit used were grown in New Hampshire and cider produced entirely within the state of New Hampshire.

 

          (d)  Containers with cider blend shall:   

 

(1)  Be plainly and conspicuously labeled with the words “Cider Blend;”

 

(2)  Contain the word “Blend” in letters of equal size and prominence and

immediately following or immediately beneath the word “Cider;” and

 

(3)  Include an “ingredient statement” on the principal display panel listing

the names of the natural juices present.  The juices shall be named in declining order of predominance.

 

          (e)  All cider sold directly to consumers, restaurants, or any other market where cider is not further processed before purchase by the consumer shall be labeled with the same information required on containerized cider.  However, the labeling requirements shall not apply to cider containers less than 1-gallon used solely for transportation or storage of cider prior to being processed or packaged for consumer sales.

 

          (f)  Any person providing cider for public consumption, if not done so via a labeled container, shall display a clearly visible sign displaying the same information required on containerized cider.

 

Source.  #6070, eff 7-28-95; ss by #6588, eff 9-26-97, EXPIRED: 9-26-05

 

New.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

PART Agr 908  GRADING AND CERTIFICATION OR STAMPING OF NATIVE LUMBER

 

Statutory Authority: RSA 426:19

           

Agr 908.01  Purpose.  The rules in this part implement the procedures of the department of agriculture, markets, and food, pursuant to RSA 426:18-20, allowing builders in municipalities that regulate the use of native lumber to use native lumber without the stamp of a grading agency when the lumber is graded and certified by a grader employed by a New Hampshire wood processing mill.

 

Source.  #6171, eff 1-24-96, EXPIRED: 1-24-04

 

New.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 908.02  Scope.  The rules in this part shall apply to any sawmill which processes native lumber for sale in the state and chooses to participate in this program.

 

Source.  #6171, eff 1-24-96, EXPIRED: 1-24-04

 

New.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 908.03  Definitions.  The following words shall have the meanings indicated when used in this chapter:

 

          (a)  “Grader” means any person who has satisfied the requirements of Agr 908.07 and is

certified by the department;

 

          (b)  “Location of use” means the address of intended use for the lumber;

 

          (c)  “Native lumber” means wood, in log form, processed by registered mills in the state

of New Hampshire;

 

          (d)  “Purchaser” means a builder, agent, or owner who buys native lumber from a

sawmill;

 

          (e)  “Sawmill” means a mill registered in accordance with RSA 227-I:9; and

 

          (f)  “When required” means when native lumber is to be used in a municipality which

has adopted a building code which requires regular grade stamped lumber.

 

Source.  #6171, eff 1-24-96, EXPIRED: 1-24-04

 

New.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 908.04  Certification of Native Lumber.

 

          (a)  Native lumber shall be certified in accordance with the requirements of this section.

 

          (b)  A sawmill shall sell or provide native lumber directly to the purchaser for use in a

specified structure.

 

          (c)  A sawmill selling native lumber shall, when required, certify to the purchaser on a

“Native Lumber Certification Form,” as described in Agr 908.06, that the quality and safe working stresses of the lumber are equal to or better than No. 2 grade in accordance with the conditions of the American Softwood Standard PS 20-70, as amended, provided that the lumber for use in load bearing wall members shall at the minimum be of stud grade pursuant to RSA 426:18, II(a).

 

Source.  #6171, eff 1-24-96, EXPIRED: 1-24-04

 

New.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 908.05  Stamping of Native Lumber.  A sawmill selling native lumber may stamp such lumber, in addition to certifying the native lumber pursuant to Agr 908.04.

 

Source.  #6171, eff 1-24-96, EXPIRED: 1-24-04

 

New.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 908.06  Native Lumber Certification Form.

 

          (a)  The “Native Lumber Certification Form,” effective 3-31-26, when required, shall be completed by a representative of the sawmill and signed by a grader permitted in accordance with this section for every order of native lumber sold.

 

          (b)  The “Native Lumber Certification” form shall include:

 

(1)  The species of lumber to be sold;

 

(2)  The quantity sold in board feet;

 

(3)  The full address of the location of use;

 

(4)  An indication of whether the lumber is green or dry;

 

(5)  The name and location of the sawmill;

 

(6)  The name of the permitted grader; and

 

(7)  The date of sale.

 

Source.  #6171, eff 1-24-96, EXPIRED: 1-24-04

 

New.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 908.07  Permitting of Native Lumber Graders.

 

          (a)  In order to receive a native lumber grading permit, the prospective grader shall:

 

(1)  Review the New Hampshire Native Lumber Law Self-Study Booklet, 2016 edition, issued by the university of New Hampshire cooperative extension available as noted in Appendix II, in the subject of grading standards; and

 

(2)  Demonstrate competency by passing the native lumber grading test, pursuant to Agr 908.08.

 

          (b)  The native lumber grading permit shall be effective for 5 years, at which time the grader may renew the permit by completing the steps in Agr 908.07(a). 

 

          (c)  The native lumber grading permit is nontransferable.

 

Source.  #6171, eff 1-24-96, EXPIRED: 1-24-04

 

New.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

Agr 908.08  Native Lumber Grading Test. 

 

          (a)  Testing shall be administered by the university of New Hampshire cooperative extension.

 

          (b)  Competency in native lumber grading shall be demonstrated by the prospective grader who can attain a cumulative score of 80% or higher on the exam of which they score 100% on the grading component which distinguishes No. 2 or better grades from lesser grades of native lumber of different softwood species, and of random lengths, widths, and defects.

 

Source.  #6171, eff 1-24-96, EXPIRED: 1-24-04

 

New.  #14550, eff 4-1-26, EXPIRES: 4-1-36

 

PART Agr 909 - RESERVED

 

Source.  #6431, eff 1-21-97; rpld and reserved by #7838, eff 2-27-03

 

PART Agr 910  CERTIFICATION OF PROCESSORS AND HANDLERS OF ORGANIC PLANT, ANIMAL, FOOD OR FIBER COMMODITIES - EXPIRED

 

Source.  #7408, eff 11-21-00; rpld and reserved by #7838, eff 2-27-03

 

New.  #8038, eff 2-10-04, EXPIRED: 2-10-12

 

New.  #10181, INTERIM, eff 9-11-12, EXPIRED: 3-11-13

 

New.  #10285, eff 3-12-13

 

PART Agr 911  CERTIFICATION OF ORGANICALLY PRODUCED PLANT, ANIMAL, FOOD OR FIBER COMMODITIES - EXPIRED

 

 

Source.  #7838, eff 2-27-03, EXPIRED: 3-27-11

 

New.  #9988, INTERIM, eff 9-8-11, EXPIRED: 3-6-12

 

New.  #10167, eff 8-3-12


APPENDIX I

 

Rule

Specific State Statutes which the Rule Implements

Agr 901.01

RSA 426:1, RSA 426:11

Agr 903.01

RSA 429:25

Agr 903.02

RSA 429:20; RSA 429:25

Agr 903.03

RSA 429:13; RSA 429:25

Agr 903.04

RSA 426:1; RSA 429:25

Agr 903.05

RSA 429:20; RSA 429:25

Agr 903.06

RSA 429:20; RSA 429:22

Agr 904.01-Agr 904.07

RSA 429:13-16

Agr 904.08-Agr 904.09

RSA 429:14; RSA 429:16; RSA 429:17

Agr 904.10

RSA 429:14; RSA 429:15

Agr 904.11

RSA 429:13-a

Agr 905.01

RSA 428:22

Agr 905.02

RSA 426:1; RSA 428:26; RSA 438:8

Agr 905.03

RSA 428:22-26

Agr 905.04

RSA 428:22

Agr 907.01

RSA 426:14

Agr 907.02

RSA 426:14

Agr 907.03

RSA 426:13; RSA 426:14

Agr 907.04

RSA 426:14

Agr 907.05

RSA 426:14

Agr 908.01

RSA 426:18

Agr 908.02

RSA 426:18; RSA 426:20

Agr 908.03

RSA 426:18

Agr 908.04

RSA 426:18

Agr 908.05

RSA 426:18

Agr 908.06

RSA 426:18

Agr 908.07

RSA 426:18

Agr 908.08

RSA 426:18

 

APPENDIX II

 

Rule

Material Incorporated

How Materials May Be Obtained

Agr 903.04

United States Standards for Grades of Extracted Honey, U.S. Department of Agriculture, Agricultural Marketing Service, AMS 52, effective May 23, 1985.

https://www.ams.usda.gov/grades-standards/extracted-honey-grades-and-standards.

 

The document is available to the public on the website at no cost.

 

Agr 905.02-905.03

United States Standards, Grades and Weights Classes for Shell Eggs, U.S. Department of Agriculture, Agricultural Marketing Service, AMS 56, effective July 20, 2000.

https://www.ams.usda.gov/grades-standards/shell-egg-grades-and-standardsThe document is available to the public on the website at no cost.

 

Agr 908.07(a)(1)

New Hampshire Native Lumber Law-Study Booklet, issued by University of New Hampshire Cooperative Extension, 2016 edition.

https://extension.unh.edu/sites/default/files/migrated_unmanaged_files/Resource003216_Rep4656.pdf

 

The document is available to the public on the website at no cost.