TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY
Chapter 426-A
PRODUCE SAFETY
Section 426-A:1
[RSA 426-A:1 repealed by 2018, 323:28, effective June 30, 2026.]
426-A:1 Definitions. –
I. "Commissioner" means the commissioner of the department of agriculture, markets, and food.
II. "Department" means the department of agriculture, markets, and food.
III. "Farm" means any farm engaged in the growing, harvesting, packing, or holding of produce pursuant to the Food Safety Modernization Act, 21 C.F.R. Part 112.3.
IV. "Produce" means any produce that is a raw agricultural commodity pursuant to the Food Safety Modernization Act, 21 C.F.R. Part 112.3.
V. "Qualified exemption" means a farm is eligible for a qualified exemption and associated modified requirements in a calendar year pursuant to the Food Safety Modernization Act, 21 C.F.R. Part 112.5.
Source. 2018, 323:1, eff. June 25, 2018.
Section 426-A:2
[RSA 426-A:2 repealed by 2018, 323:28, effective June 30, 2026.]
426-A:2 Authority; Enforcement. –
Subject to sufficient federal funding, the department shall enforce the Food Safety Modernization Act, Public Law 111-353, codified at 21 U.S.C. section 301 et seq., for standards of growing, harvesting, packing, and holding of produce for human consumption, 21 C.F.R. Part 112, as incorporated by reference including any subsequent amendments thereto.
Source. 2018, 323:1, eff. June 25, 2018.
Section 426-A:3
[RSA 426-A:3 repealed by 2018, 323:28, effective June 30, 2026.]
426-A:3 Funding of Program. –
The commissioner is authorized to receive and expend federal funds appropriated for administration of this chapter.
Source. 2018, 323:1, eff. June 25, 2018.
Section 426-A:4
[RSA 426-A:4 repealed by 2018, 323:28, effective June 30, 2026.]
426-A:4 Farm Inspections. –
I. The department may inspect a farm during reasonable hours for the purpose of determining compliance with:
(a) The federal standards for growing, harvesting, packing, and holding of produce for human consumption, in accordance 21 C.F.R. Part 112; and
(b) Rules adopted under this chapter.
II. This section shall not limit the commissioner's authority to respond when an imminent health hazard is suspected in order to protect public health.
III. Upon successful inspection, the commissioner may issue a certificate at the request of the farm to include the name of the farm, date and place of inspection, and other information in compliance with the rules adopted by the commissioner pursuant to RSA 541-A.
IV. Failure to comply with the requirements of 21 C.F.R. Part 112, issued under section 419 of the Food, Drug, and Cosmetic Act, is a prohibited act under section 301 (vv) of the Food, Drug, and Cosmetic Act.
V. A farm that is eligible for a qualified exemption in accordance with Part 112.5 shall establish and keep records as required pursuant to the Food Safety Modernization Act, 21 C.F.R. Part 112.7.
Source. 2018, 323:1, eff. June 25, 2018.
Section 426-A:5
[RSA 426-A:5 repealed by 2018, 323:28, effective June 30, 2026.]
426-A:5 Records. –
The owner or operator of a produce farm shall maintain records required by the federal Food Safety Modernization Act, rules adopted thereunder, and rules adopted under this chapter pursuant to RSA 541-A and shall make those records available to the department upon request.
Source. 2018, 323:1, eff. June 25, 2018.
Section 426-A:6
[RSA 426-A:6 repealed by 2018, 323:28, effective June 30, 2026.]
426-A:6 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the administration of this chapter.
Source. 2018, 323:1, eff. June 25, 2018.
Section 426-A:7
[RSA 426-A:7 repealed by 2018, 323:28, effective June 30, 2026.]
426-A:7 Produce; Stop Sale. –
When the commissioner or the commissioner's authorized agent has reasonable cause to believe produce is being distributed in violation of any of the provisions of this chapter, or of any of the rules adopted under this chapter, the commissioner or agent may issue and serve a written "stop sale, use or removal" order upon the owner or custodian of any such produce. The produce shall not be sold, used or removed until the provisions of this chapter have been complied with and the produce has been released by the commissioner or the violation has been otherwise disposed of as provided in this chapter by a court of competent jurisdiction.
Source. 2021, 21:2, eff. May 6, 2021.