TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY

Chapter 425
THE DEPARTMENT OF AGRICULTURE, MARKETS, AND FOOD

Section 425:1

    425:1 Establishment. – There is hereby established a department of agriculture, markets, and food, an agency of the state under the executive direction of a commissioner of agriculture, markets, and food.

Source. 1985, 72:1. 1995, 130:2, eff. July 23, 1995.

Section 425:2

    425:2 General Functions. –
The department of agriculture, markets, and food shall be responsible for the following general functions:
I. Promoting and regulating agriculture in all its branches.
II. Regulating all commercial transactions involving the measurement of weight, distance, volume, or time.
III. Regulating the quality and grade of agricultural crops and supplies and food products. Nothing in this paragraph shall be construed to apply to dietary supplements as defined in 21 U.S.C. 321, as amended by the Dietary Supplement Health and Education Act of 1994, and as may be amended from time to time.
IV. Gathering and disseminating information on agriculture, crop production, market activity, and other subjects consistent with the responsibilities of the department.
V. Cooperating with other agencies of the state and federal governments, the university of New Hampshire, commodity and consumer groups in the public interest and all who are engaged within this state in any form of agriculture, or its allied vocations, for advice on those activities.
VI. Conducting such other activities as the statutes shall direct.

Source. 1985, 72:1. 1995, 130:2, eff. July 23, 1995.

Section 425:2-a

    425:2-a The Granite State Farm to Plate Food Policy and Principles. –
I. It is the policy of the state of New Hampshire through the department of agriculture, markets, and food and in conjunction with other state agencies to encourage and support local food producers, farming, and fisheries, including businesses engaged in agriculture, the raising and care of livestock, dairy, fishing, foraging, and aquaculture, agritourism, horticulture, orchard management, maple syrup production, and the associated local and regional businesses that process, purchase, distribute, and sell such food throughout the state.
II. State agencies, including the department of agriculture, markets, and food, the department of business and economic affairs, the department of health and human services, the department of environmental services, the department of transportation, the department of education, the university of New Hampshire college of life sciences and agriculture, and the university of New Hampshire cooperative extension shall strive for interagency cooperation as well as cooperation with public and private entities to foster local, state, and regional food systems that adhere to the Granite State farm to plate principles below:
(a) Agriculture in New Hampshire represents a vital part of both the state's rural and urban economies and the larger food systems that connect it with the state's local and regional economies and the public.
(b) Consumer demand from individuals and institutions, including New Hampshire public schools, universities, child care facilities, after-school programs, restaurants, hospitals, and prisons, for locally grown and produced food is growing and deserves support from the state and state agencies.
(c) Support of local food economies is vital to public health of our residents and to the viability and livability of our communities.
(d) Increased access to healthy food occurs when local and regional community-based food production, processing, aggregation, distribution, marketing, and retail work together to build markets for healthy food.
(e) New Hampshire citizens and communities face social and environmental health issues connected to food, hunger, malnutrition, incidences of obesity, heart disease, type 2 diabetes, and other chronic diseases. Increased access to local, healthy food is needed to address such multifaceted issues.
(f) Local and regional food economies are a vital source of employment in our communities. Promoting the growth of such local food economies will enhance economic development and job growth throughout the state.
(g) Economic development opportunities among New Hampshire's cities and towns are facilitated by state and local governments cooperating to remove obstacles and excessive financial burdens to farms and associated businesses, including farmers' markets, cooperatives, food hubs, fisheries, and processing centers.
(h) All levels of government shall consider the findings of the Farm Viability Task Force of 2006-2007 as well as consider advocating farmland preservation efforts that would permanently protect farmland with voluntary agricultural conservation easements that place priority on protection of agricultural resources and production to ensure our state's future capacity to produce food.
(i) The New Hampshire dairy industry is vital to the state's economy. It impacts state and local economies via millions of dollars in total economic output, thousands of jobs and millions more dollars in labor income. The dairy industry should be further supported through the dairy premium fund as specified in RSA 184:109, and other methods that will encourage the success of the state's dairy industry.
(j) Federal governmental programs provide significant opportunities for the state to obtain federal funding that supports the development of local food systems, such as use of federal benefits at farmers' markets.
(k) Recognizing that a broad array of entities and organizations are already working together to promote New Hampshire local and regional food systems and participants, including agricultural producers, processors, distributors, and consumers, the input of such groups is vital to the construction of a more diverse and productive set of New Hampshire food systems.
III. To the extent possible, local governments shall consider the policy and principles of this section when adopting local law, or when enforcing existing law and regulation.

Source. 2014, 312:1, eff. Aug. 1, 2014. 2017, 156:14, II, eff. July 1, 2017. 2019, 319:3, eff. Aug. 7, 2019.

Section 425:2-b

    425:2-b Repealed by 2019, 111:2, eff. Nov. 1, 2020. –

Commissioner of Agriculture, Markets, and Food

Section 425:3

    425:3 Commissioner; Compensation. –
I. The commissioner of the department of agriculture, markets, and food shall be appointed by the governor, with the consent of the council, for a term of 5 years. Prior to the appointment of a commissioner, the governor and council shall receive and consider the recommendations of the agricultural advisory board as to such appointment. The commissioner of agriculture, markets, and food shall be qualified by reasons of professional competence, education, and experience.
II. The salary of the commissioner shall be as specified in RSA 94:1-a.
III. The commissioner of agriculture, markets, and food shall appoint one staff member who shall act in the commissioner's stead when the commissioner is absent from the state and at such other times as the commissioner shall direct.

Source. 1985, 72:1. 1995, 130:2, eff. July 23, 1995. 2007, 156:15, eff. Aug. 17, 2007.

Section 425:4

    425:4 Duties of the Commissioner. –
In addition to the powers, duties, and functions otherwise vested by law in the commissioner of agriculture, markets, and food, the commissioner shall:
I. Represent the public interest in the administration of the department and be responsible to the governor, the general court, and the public for such administration.
II. Except as otherwise provided for in this title, have the authority to adopt rules, pursuant to RSA 541-A, necessary to assure continuance or granting of federal funds or other assistance intended to promote agriculture.
III. Have authority to establish a unit within the department to provide for internal administrative functions, including financial, personnel, and other management functions.
IV. Organize the department into divisions and bureaus and assign to such divisions and bureaus their functions.
V. Employ, subject to the state personnel system and within limits of appropriations, such inspectors, clerks, and other assistants as are deemed necessary.
VI. Engage in research and educational programs which benefit agricultural producers, consumers, and the economic and environmental interests of the state.
VII. Cooperate, so far as is practicable, with the extension work of the university of New Hampshire.
VIII. Accept, hold in trust, and exercise control over donations and bequests made to the department for promoting agricultural education or the general interests of agriculture.
IX. Adjudicate disputes concerning activities that constitute agritourism pursuant to RSA 21:34-a. Prior to a party filing a land use application with a municipality, or after such land use application is denied, an applicant may petition the commissioner for a declaratory ruling regarding whether or not a municipality's ordinance, bylaw, definition, or policy regarding agritourism activities conflicts with RSA 21:34-a. The commissioner's jurisdiction shall be limited to the question of whether or not a municipality's ordinance, bylaw, definition, or policy on agritourism conflicts with RSA 21:34-a. The commissioner, or the commissioner's authorized representative, shall notify the parties, hold a hearing within 30 days of such request, and shall issue a declaratory ruling within 15 days of the hearing. The commissioner's declaratory ruling shall be dispositive, including in future land use applications with a municipality where such ordinance, bylaw, definition, or policy is at issue. A party aggrieved by the declaratory ruling may petition the commissioner for reconsideration within 20 days of the declaratory ruling, and thereafter, within 30 days of the decision on reconsideration, may appeal such decision to the New Hampshire supreme court. If the applicant petitions the commissioner for a declaratory ruling, all municipal appeal processes, including those defined in RSA 677:2 shall be stayed. The 30 day time period in which to request a rehearing shall begin on the next calendar day after the commissioner issues the declarative ruling, or after any appeal of the declarative ruling is complete. The commissioner shall adopt rules pursuant to RSA 541-A relative to the declaratory ruling process, including, but not limited to, an allowance for timely intervention of an aggrieved party. A municipality shall furnish the commissioner with a copy of any non-confidential appeal decision on any land use application involving whether or not a municipality's definition or policy on agritourism conflicts with RSA 21:34-a.

Source. 1985, 72:1. 1995, 130:2, eff. July 23, 1995. 2018, 56:2, eff. July 15, 2018.

Section 425:5

    425:5 Repealed by 1995, 130:9, I, eff. July 23, 1995. –

Section 425:6

    425:6 Repealed by 1995, 130:9, II, eff. July 23, 1995. –

Section 425:7

    425:7 Repealed by 1995, 130:9, III, eff. July 23, 1995. –

Section 425:8

    425:8 Repealed by 1995, 130:9, IV, eff. July 23, 1995. –

Section 425:9

    425:9 Repealed by 1995, 130:9, V, eff. July 23, 1995. –

Section 425:10

    425:10 Damage by Hunters. – The state shall compensate the owners for all domestic livestock killed or wounded by hunters for deer, in the open season for deer, in any county. The amount of damages in each case shall be assessed by the commissioner of agriculture, markets, and food or under his direction, and said sum shall be a charge upon the fish and game fund and paid therefrom.

Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995.

Section 425:11

    425:11 Law Enforcement. – The commissioner of agriculture, markets, and food shall cooperate with the attorney general and county attorneys in enforcing the laws relating to farm-foods adulteration, the pure seed laws, the fertilizer laws and such other laws as relate to the subject matter of this department.

Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995.

Section 425:11-a

    425:11-a Revolving Fund for Agricultural Hearings Officers. –
I. There is established within the department of agriculture, markets, and food a revolving fund for agricultural hearings officers. All fines collected by the department, except as provided in RSA 427:14, shall be deposited into the fund. The fund shall be nonlapsing and continually appropriated to the department to fund the department's adjudicative procedures, including, but not limited to, the costs associated with contracting with one or more hearing officers who shall be responsible for administering all aspects of the department's adjudicative procedure as directed by the commissioner. The amount withdrawn from the fund shall not exceed $75,000 in total each year. The department of agriculture, markets, and food shall every quarter forward any unpaid fines assessed in an adjudicative proceeding to the attorney general for collection in accordance with RSA 7:15-a.
II. At the end of each quarter of the fiscal year any balance in the fund in excess of $10,000 shall be deposited in the general fund.

Source. 2022, 225:1, eff. Jan. 1, 2023.

Section 425:12

    425:12 Agricultural Resources. – The commissioner shall collect and publish information relative to the agricultural resources of the state, and disseminate such information throughout the country in such ways as may be approved by the governor and council.

Source. 1985, 72:1, eff. July 1, 1985.

Section 425:12-a

    425:12-a Electronic Licensing, Certification, and Registration System. – The department of agriculture, markets, and food shall design, establish, and contract with a third party for the implementation and operation of an electronic system to facilitate the handling of all departmental licensing, certification, and registration duties. Such system shall be capable of receiving electronically transmitted product registrations, license applications, certificate applications, and related materials. Authorized users shall be capable of working in offline mode when an Internet connection is not available. The commissioner shall adopt rules under RSA 541-A to govern methods of obtaining, compiling, and maintaining such information it deems necessary to manage such database. The commissioner shall also ensure that the database is secure from unauthorized access or use.

Source. 2023, 79:350, eff. July 1, 2023.

Section 425:13

    425:13 Report. – The commissioner shall, before December 31 of each even-numbered year, submit a report to the governor and council, which shall include an account of the general work of the department, the special teaching and that of the heads of the various departments under his jurisdiction, and such other information pertaining to the department as may be of public and general interest. He shall include such recommendations for legislative action as may be required, a statement of the total amounts of all expenditures, so classified as to show the amount expended in support of the several departments of work covered, and an account stating, by properly classified totals, all money received from sources other than the state treasury. The report shall be distributed to the town and public libraries of the state and to farmers, agriculturists, and others desiring it.

Source. 1985, 72:1, eff. July 1, 1985.

Section 425:14

    425:14 Repealed by 2023, 13:1, I, eff. July 3, 2023. –

Section 425:15

    425:15 Interstate Conferences and Compacts. –
I. The commissioner shall have power to enter into compacts, subject to congressional approval, with legally constituted milk commissions or similar authorities of other states or of the United States of America to effect a uniformity in regulating and insuring an adequate supply of pure and wholesome milk to the inhabitants of this state, to provide uniform control of milk produced in this state and handled in interstate commerce and to exercise all the powers hereunder for such purpose as well as the following powers:
(a) To conduct joint investigations and hearings and to issue joint or concurrent orders.
(b) To employ or designate a joint agent or agencies to enforce such orders or compacts.
(c) To provide for classifications of milk in accordance with the form in which it is used or moved with uniform minimum prices or methods of fixing such prices for each class.
(d) To provide for payment to all producers and associations of producers delivering milk to dealers of uniform prices subject to adjustments with the joint agent for location and butterfat content.
(e) To make such joint regulations as may be incidental to and not inconsistent with the foregoing and as may be necessary to effectuate the above-mentioned powers.
II. The commissioner shall not enter into any compact which would provide for the fixing of prices on the sale or resale of milk unless he has obtained prior approval of the governor and council.

Source. 1985, 72:1, eff. July 1, 1985.

Section 425:16

    425:16 State Buildings at Eastern States Exposition. – The commissioner of agriculture, markets, and food shall operate the state building at the Eastern States Exposition, and his legitimate expenses incurred in the performance of this duty shall be a charge upon the appropriation made therefor.

Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995.

Section 425:17

    425:17 Advisory Committee. – The New Hampshire region trustee board of the Eastern States Exposition shall constitute an advisory committee to the commissioner of agriculture, markets, and food with whom the commissioner shall consult from time to time in the operation of the state building at the exposition. The trustees shall serve without compensation.

Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995.

Section 425:18

    425:18 Income and Operating Charges. – The commissioner, at his discretion, may rent the building or parts thereof for exhibition purposes, at reasonable rates, giving first preference to exhibitors of this state. The commissioner may also rent the building, or any parts thereof, for the purpose of storage or other uses, as necessary for supplemental income to help defray operating expenses. From the income received he shall pay the expenses and operating charges of the building, which may include a reasonable sum for insurance and improvements; any remaining balance shall be deposited with the state treasurer in a separate fund for the purposes of the eastern states building.

Source. 1985, 72:1, eff. July 1, 1985.

Section 425:19

    425:19 Repairs. – In case of partial or total destruction of the building by fire or otherwise, the commissioner may make needed repairs or replacement, with the approval of the governor and council, and may use the proceeds of any insurance.

Source. 1985, 72:1, eff. July 1, 1985.

Capital Improvement Program for State Fairs

Section 425:19-a

    425:19-a Declaration of Purpose. – The general court finds that it is in the public interest to advance, encourage, and protect agricultural fairs including the exhibition of livestock and agricultural produce of all kinds, as well as related arts and businesses. Fair exhibitions are an integral and historical part of New Hampshire that provide an opportunity to educate and promote agriculture to the general public. The state further recognizes the need to support the activities of local youth organizations like 4-H and Future Farmers of America that encourage agricultural awareness and rural economic development.

Source. 2022, 208:1, eff. July 1, 2022.

Section 425:19-aa

    425:19-aa Definitions. –
In this subdivision:
I. "Commissioner" means the commissioner of the department of agriculture, markets, and food.
II. "Department" means the New Hampshire department of agriculture, markets, and food.
III. "Fair" means a member in good standing of the New Hampshire Association of Fairs and Expositions which is intended to promote agriculture and support rural economic development by including a balanced variety of exhibits of livestock and agricultural products as well as related arts and businesses, including products of farm home and educational contests, displays, and demonstrations designed to train youth and to promote agricultural awareness and rural economic development and living.
IV. "Fund" means the capital improvement program grant fund for fairs established in RSA 425:19-b.

Source. 2022, 208:1, eff. July 1, 2022.

Section 425:19-b

    425:19-b Capital Improvement Program Grant Fund. – There is hereby established the capital improvement program grant fund to be used by the department to assist fairs in the manner provided by this chapter. Only the commissioner or the commissioner's designee may approve applications and authorize disbursements from the fund. The fund shall be nonlapsing for the purpose of administering this chapter should future state appropriations become available. Effective July 1, 2022, the state treasurer shall transfer into the capital improvement program grant fund from the state general fund the sum of $250,000.

Source. 2022, 208:1, eff. July 1, 2022.

Section 425:19-c

    425:19-c Capital Improvement Program; Grant Eligibility Conditions and Criteria. –
The following conditions and criteria shall be met by a fair to be eligible for a capital improvement program grant awarded by the commissioner. However, the commissioner may make exceptions to the above conditions and criteria. The fair applicant shall:
I. Be a non-profit association located in New Hampshire that is a full member in good standing with the New Hampshire Association of Fairs and Expositions.
II. Annually hold events that offer contests or exhibits of 4-H members and clubs, Future Farmers of America members and clubs, granges, farm crops, domestic livestock competitions, or home crafts.
III. Be managed by a board of directors who are responsible for the business affairs and operational activities and policies.
IV. Have a board of directors who are subject to and compliant with local, state, and federal laws and regulations.
V. Have a treasurer who has charge of the financial affairs of the corporation and ensures that grant funds received from a state grant are used in accordance with the applicant's proposal as approved by the department commissioner.
VI. Operate a minimum of 3 consecutive, 8-hour days per year.
VII. Submit a capital improvement project that has a minimum useful life of 20 years and shall be completed within 2 years of execution of a contract to perform work authorized by the grant.
VIII. Contribute matching funds or in-kind services in an amount equal to 30 percent or more of the value of the grant.
IX. Not have already completed the project for which the applicant seeks reimbursement.

Source. 2022, 208:1, eff. July 1, 2022.

Section 425:19-d

    425:19-d Capital Improvement Grant Disbursements. –
I. The board of directors of a fair may apply to the department for grant award from the capital improvement program grant fund on forms provided by the department.
II. The commissioner shall allocate at least 95 percent of the capital improvement program grant fund, including fund interest, to eligible applicant fairs and distribute such funds according to merit as measured by a merit rating to be set by the commissioner. This merit rating shall take into account such factors as area and population served, youth participation, attendance, gate receipts, number and type of exhibits, community support, evidence of successful achievement of desired outcomes and purposes of the fair, extent of improvements made to grounds and facilities from year to year, rural and farming nature of the region served by the fair, and overall condition and appearance of grounds.
III. Any disbursements made under this section shall be made only as a disbursement in whole or in part for capital improvement expenses incurred by the fair.

Source. 2022, 208:1, eff. July 1, 2022.

Section 425:19-e

    425:19-e Health or Safety Capital Improvements and Contract Requirements. –
I. Subject to the availability of funds, the department shall provide grant funds on a competitive basis, to support capital projects that make health and safety improvements to agricultural fairgrounds or fair facilities in order to benefit participants and the fair-going public. The rules of such competition shall be established by the department in accordance with RSA 541-A.
II. The department shall develop and manage appropriate contracts with the selected applicants, monitor project expenditures and grantee performance, report project and contract information, and exercise due diligence, and other managerial responsibilities.
III. The department shall include provisions in the contracts which require that capital improvements be held by the grantee for a specific period of time appropriate to the amount of the grant and that facilities shall be used for the express purpose of the grant.
IV. The department may use the remaining funds from any general court appropriation to the state fair capital improvements for expenses incurred in the administration of the capital improvement grant program.
V. All deadlines and times required for the capital improvement grant program administration and disbursement of funds to fairs shall occur at such times as the commissioner may prescribe.
VI. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus interest calculated at the rate of interest on state of New Hampshire general obligation bonds issued most closely to the date of authorization of the grant.

Source. 2022, 208:1, eff. July 1, 2022.

Section 425:19-f

    425:19-f Rulemaking. – The commissioner shall adopt rules under RSA 541-A relative to the administration of the capital improvement grant program under this subdivision.

Source. 2022, 208:1, eff. July 1, 2022.

Section 425:19-g

    425:19-g Report of Grants. – The commissioner shall compile an annual report detailing the number of disbursements from the fund, the amount of each disbursement, what entity received the disbursement, and the purpose of the disbursement, and shall submit such report to the speaker of the house of representatives, the president of the senate, the chairpersons of the house and senate ways and means committees, the house and senate finance committees, and the house and senate committees with jurisdiction over environmental and agricultural issues, by November 1 of each year or until such time that all funds within the capital improvement program grant fund have been disbursed and expended.

Source. 2022, 208:1, eff. July 1, 2022.

Section 425:19-h

    425:19-h Financial Records. – Each capital improvement grant recipient shall use the calendar year as its fiscal year for keeping the books, records, and reports relative to the use of grant funds. All records such as invoices, contracts, or other documents supporting grant fund uses shall be preserved and available to the commissioner in accordance with rules pursuant to RSA 425:19-f.

Source. 2022, 208:1, eff. July 1, 2022.

Section 425:19-i

    425:19-i Failure to Keep Records. – The failure to keep financial records shall be considered sufficient cause for the commissioner of agriculture, markets, and food to withhold the distribution of funds.

Source. 2022, 208:1, eff. July 1, 2022.

Division of Agricultural Development

Section 425:20

    425:20 Division Established. – The division of agricultural development is hereby created in the department of agriculture, markets, and food to foster, support and assist in the orderly development of the state's agricultural resources.

Source. 1985, 72:1. 1987, 149:3. 1995, 130:4, eff. July 23, 1995.

Section 425:21

    425:21 Division Director; Salary. –
I. The commissioner shall nominate a director for the division of agricultural development for appointment by the governor, with the consent of the council. The division director shall serve at the pleasure of the commissioner. The director shall be qualified by reason of professional competence, education, and experience.
II. The salary of the director shall be as specified in RSA 94:1-a.

Source. 1985, 72:1. 1987, 149:3, eff. July 10, 1987.

Section 425:21-a

    425:21-a Duties. – The division of agricultural development is authorized and directed to obtain and disseminate information in regard to quality, quantity, and location of agricultural, horticultural, orchard, dairy, and other similar products; assist producers in finding available and profitable markets for such products; compile and publish data concerning production, consumption, and value of food and fiber products; assist producers in promoting and advertising agricultural commodities; cooperate with other state agencies, agricultural organizations, and institutes in activities which foster improved agricultural marketing opportunities; gather and disseminate information relative to agricultural land; and shall adopt all reasonable means in whatever manner to bring into closer relationship the producers and consumers of the state.

Source. 1987, 149:4, eff. July 10, 1987.

Agricultural Advisory Board

Section 425:22

    425:22 Advisory Board Established. –
I. There shall be a board advisory to the commissioner of agriculture, markets, and food which shall consist of the following 15 members:
(a) Ten members, one from each county, actively engaged in agriculture.
(b) One member who shall represent the petroleum industry.
(c) One member who shall represent the food distribution industry.
(d) One member who shall represent the food retailing industry.
(e) One member who shall represent consumer interests.
(f) One member who shall represent the advertising industry.
II. The term of office of members of the board shall be 5 years and until their successors are appointed and qualified. Vacancies shall be filled for the unexpired term only. Appointments to the board shall be made by the governor with the advice and consent of the council on the basis of extensive experience and demonstrated ability and on a nonpartisan basis.
III. The governor shall annually designate a chairperson from among the membership. No member shall serve as chairperson more than 3 years.
IV. Members of the board shall serve without compensation, but shall be entitled to receive mileage and expenses when in performance of the duties required under this subdivision.
V. A member who has 2 unexcused absences from meetings of the board shall be automatically dropped from the board, and a new member shall be appointed before the next meeting.
VI. A majority of the seated membership plus one shall constitute a quorum of the board.

Source. 1985, 72:1. 1995, 130:3. 2000, 72:1, eff. June 20, 2000. 2023, 73:1, 2, eff. June 7, 2023.

Section 425:23

    425:23 Advisory Board; Duties. – The board shall consult with and advise the commissioner of agriculture, markets, and food with respect to the laws, policies, programs, and operations of the department on a continuing basis and for such purposes shall meet with the commissioner not less than semi-annually at the call of the chairperson or 3 board members. Each meeting shall be advertised with a portion designated for public input at which interested persons may appear and be heard regarding matters affecting agriculture, markets, and food and related laws. Any member of the board or public may request that the commissioner be excused for any portion of public input at which time the commissioner shall leave the meeting. Upon expiration of the term of office of the commissioner of agriculture, markets, and food, or upon the occurrence of a vacancy in such office, it shall be the duty of the board to submit advisory recommendations to the governor and council concerning such new appointment or the filling of such vacancy.

Source. 1985, 72:1. 1995, 130:3, eff. July 23, 1995. 2007, 81:1, eff. Aug. 10, 2007. 2023, 73:3, eff. June 7, 2023.

Section 425:24

    425:24 Repealed by 1995, 130:9, VI, eff. July 23, 1995. –

Agriculture in the Classroom

Section 425:25

    425:25 Agriculture in the Classroom Committee. –
I. There is hereby established an agriculture in the classroom committee, the purpose of which is to enhance the understanding of agriculture among K - 12 school students throughout the state using interdisciplinary education, leading to a new generation of knowledgeable citizens who can make judicious decisions about agriculture.
II. The committee shall be a not-for-profit voluntary corporation under RSA 292 and shall possess all general powers of a not-for-profit corporation, and any such additional powers and duties as are approved by the commissioner in order to:
(a) Determine the objectives and programs of agriculture in the classroom.
(b) Develop details and directions of the agriculture in the classroom programs.
(c) Apply for, receive, and expend any funds from federal, state, or non-state sources, including grants and matching funds which may be available and accept private donations and gifts from any source for the purpose of administering agriculture in the classroom programs.
(d) Direct fundraising and spending for agriculture in the classroom programs.
(e) Hire and oversee an education director when funding allows.
III. The committee shall consist of the following members, and additional representatives may be appointed pursuant to a majority vote of the sitting committee members up to a maximum of 20 total members:
(a) The director of the university of New Hampshire cooperative extension, or designee.
(b) The commissioner of the department of agriculture, markets, and food, or designee.
(c) The commissioner of the department of education, or designee.
(d) The dean of the college of life sciences and agriculture, university of New Hampshire, or designee.
(e) A representative of the New Hampshire State Grange, appointed by the governor.
(f) A representative of Granite State Dairy Promotion, appointed by the governor.
(g) A representative of the Fruit Growers Association, appointed by the governor.
(h) A representative of the New Hampshire Beekeepers' Association, appointed by the governor.
(i) A member of the New Hampshire Maple Producers' Association, appointed by the governor.
(j) A member of the New Hampshire Farm Bureau Federation, appointed by the governor.
(k) A member of the Granite State Association of FFA, appointed by the governor.
(l) A member of the New Hampshire Christmas Tree Promotion Board, appointed by the governor.
(m) A member of the New Hampshire Association of Agricultural Educators, appointed by the governor.
(n) A member of the New Hampshire Horse Council, appointed by the governor.
(o) Any additional members appointed by a majority vote of the committee.
IV. The committee shall elect from its membership an executive board consisting of a president, first vice president, second vice president, treasurer, and secretary. The term of office of each member shall be 3 years. All vacancies shall be filled for the balance of the unexpired term.
V. The committee shall establish bylaws and procedures as necessary for the execution of its functions under this section and shall keep a record of its official actions. The members of the committee shall serve without compensation, but the appointees shall be entitled to expenses, including traveling expenses necessarily incurred in the discharge of their duties. The committee may provide in its bylaws or rules for indemnification of, and legal representation for its members and employees for any act or omission related to the performance of their powers and duties under this chapter unless such act or omission constitutes willful or wanton misconduct.
VI. The committee shall submit an annual report of finances and activities of the commissioner in a manner and form and containing such information as the commissioner may require.

Source. 2009, 115:1, eff. Aug. 21, 2009. 2022, 63:1, eff. July 19, 2022.

Lease of State Land for Farming Study Committee

Section 425:26

    425:26 Repealed by 2012, 250:2, eff. Nov. 2, 2012. –