TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY

Chapter 426
STANDARDS FOR FARM PRODUCTS

Section 426:1

    426:1 Official Grades and Standards. – The commissioner of agriculture, markets, and food, whenever, in the commissioner's opinion, the public good so requires, may adopt rules, pursuant to RSA 541-A, establishing official grades and standards for farm products which are produced within the state for purposes of sale.

Source. 1985, 72:1. 1995, 130:5. 1997, 104:1, eff. June 9, 1997.

Section 426:2

    426:2 Brands and Labels. – When such grades and standards are so established, the commissioner may determine the design of brands or labels for identifying such farm products, may cause said brands or labels to be printed and may authorize their use upon written application and payment of reasonable compensation therefor. Whenever upon investigation it shall appear that such brands or labels have been misused, the commissioner may revoke or suspend said authorization.

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

Section 426:3

    426:3 Publication. – The establishment of such grades and standards and the determination of the design for such brands or labels shall not be effective until reasonable notice by publication has been given. The commissioner may distribute information relative to such grades, standards, brands and labels.

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

Section 426:4

    426:4 Use of Brands and Labels Restricted. – After the establishment of grades and standards and the determination of the design of the brands or labels as provided in this chapter, it shall be unlawful to use such brand or label to identify farm products as being of an established grade or standard without authorization for its use, or after the revocation of the right to use such brand or label by the commissioner. For the purpose of further protecting the grades as officially established by the commissioner, or any grades established under an act of Congress by the United States Department of Agriculture on the same products, it shall be unlawful to use the officially designated grade words, titles, or names for the purpose of identifying, advertising, designating, or describing any lots of such products unless such designated grade words, titles, or names for the purpose of identifying, advertising, designating, or describing any lots of such products unless such products fully meet the requirements of the official grade indicated. When, in the opinion of the commissioner or the commissioner's representative, it is believed that any lot or lots of such products so identified, advertised, designated, or described may not be of the grade indicated, the commissioner shall cause inspections of such products to be made for the purpose of determining the actual grade.

Source. 1985, 72:1. 1997, 104:2, eff. June 9, 1997.

Section 426:5

    426:5 Use of Words "Native," "Local," and "Our Own." –
I. No farm products sold, offered, or exposed for sale or distribution in the state shall be advertised, labeled, or described as "native" unless they were grown or produced in the state of New Hampshire.
II. It shall be unlawful to advertise, label, or describe farm products sold, offered, or exposed for sale or distribution in this state in terms that are false, deceptive, or misleading as to the place of origin of the farm products. The term "our own" is deceptive when used to describe farm products unless they were grown or produced by the operator of the retail location. The terms "local," "locally grown," or "locally produced" are deceptive when used to describe farm products unless they were grown or produced within the state of New Hampshire.

Source. 1985, 72:1. 1997, 104:3, eff. June 9, 1997.

Section 426:6

    426:6 Definition. – In this chapter, "organic" means an agricultural plant, animal, food, or fiber commodity produced in accordance with the Organic Foods Production Act of 1990, Public Law 101-624 , and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205.

Source. 1985, 72:1. 1986, 20:1, eff. June 17, 1986. 2002, 38:1, eff. April 19, 2002.

Section 426:6-a

    426:6-a Labeling and Advertising. – An agricultural plant, animal, food, or fiber commodity shall not be sold or labeled as organic unless it meets the requirements set forth in the Organic Foods Production Act of 1990, Public Law 101-624 , and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205.

Source. 1986, 20:1, eff. June 17, 1986. 2002, 38:2, eff. April 19, 2002.

Section 426:6-b

    426:6-b Certification. –
I. Any producer, processor, on-farm processor or handler of agricultural plant, animal, food, or fiber commodities that are sold, labeled, or represented as "100 percent organic," "organic," "made with organic," or similar terms, shall be enrolled in a certification program which includes an inspection made no less than annually, by a certifying agency accredited by the United States Department of Agriculture in accordance with the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205, unless such producer, processor, or handler is exempted therein.
II. The commissioner may enter into a cooperative agreement with the United States Department of Agriculture to become an accredited certifying agency as provided for by the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205, and to implement the provisions thereof.
III. The commissioner may employ inspectors to certify agricultural producers, processors, on-farm processors and handlers in this state, and to determine whether or not agricultural plant, animal, food, or fiber commodities are marked, branded, or labeled in accordance with the labeling requirements set forth in this chapter and in the Organic Foods Production Act of 1990, Public Law 101-624, and the United States Department of Agriculture's National Organic Program, Final Rule, 7 CFR part 205.
IV, V. [Repealed.]
VI. For purposes of this chapter "on-farm processor" means a processor who uses products grown or raised on his or her own farm.

Source. 1986, 20:1, eff. June 17, 1986. 2002, 38:3, eff. April 19, 2002. 2003, 177:1, 2, eff. Aug. 22, 2003; 177:5, 7, eff. July 1, 2007. 2013, 136:3, eff. June 27, 2013.

Section 426:6-c

    426:6-c Regulatory Services Promotional Products Fund. – There is established a separate, nonlapsing fund to be known as the regulatory services promotional products fund. The fund shall be continually appropriated to the commissioner of the department of agriculture, markets and food for the purpose of administering specialty agricultural programs and providing promotional products to program participants.

Source. 2019, 134:24, eff. June 25, 2019.

Section 426:6-d

    426:6-d Organic Processors-Handlers Certification Fund. – There is established a separate, nonlapsing fund to be known as the organic processors-handlers certification fund. The fund shall be continually appropriated to the commissioner of the department of agriculture, markets and food for the purpose of administering the certification program for organic processors and handlers. Certification and inspection fees paid under RSA 426:8-a shall be deposited in the fund.

Source. 2019, 134:24, eff. June 25, 2019.

Section 426:7

    426:7 Inspections. – The commissioner may employ inspectors to inspect farm products, marked, branded or labeled in accordance with official grades or standards so established, for the purpose of determining and certifying the quality and condition thereof and other material facts relative thereto. Upon such investigation, the inspector may issue a certificate which shall state the date and place of inspection, the grade, condition and quality of the farm products inspected and such other facts as the commissioner may require. Such a certificate and all federal certificates relative to the condition or quality of said farm products shall be prima facie evidence in all courts of the state of the facts set forth in such certificates.

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

Section 426:7-a

    426:7-a Stop Sale, Use or Removal Orders. – When the commissioner or the commissioner's authorized agent has reasonable cause to believe farm products advertised as "native," "local," "locally grown," "our own," or "locally produced" are 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 farm products. The farm products shall not be sold, used or removed until the provisions of this chapter have been complied with and the farm products have 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. 1985, 34:3. 1997, 104:4, eff. June 9, 1997.

Section 426:8

    426:8 Rulemaking; Fees. – The commissioner may adopt rules, pursuant to RSA 541-A, for carrying out the provisions of this chapter.

Source. 1985, 72:1, eff. July 1, 1985. 2002, 38:4, eff. April 19, 2002. 2003, 177:3, eff. Aug. 22, 2003; 177:6, eff. July 1, 2007. 2013, 136:4, eff. June 27, 2013.

Section 426:8-a

    426:8-a Organic Processors and Handlers; Fees. –
I. Each applicant under RSA 426:6-b shall pay a certification fee as follows:
(a) Processors and handlers which are not on-farm processors shall pay:
(1) A $250 fee for the primary facility; and
(2) A $100 fee for each additional processing or handling facility.
(b) On-farm processors shall pay a $50 fee.
II. Each applicant for organic processor, handler, or on-farm processor certification shall pay an inspection fee calculated by the department as follows:
(a) A rate of $35 per hour of inspection time, including travel time, by the department's inspectors; and
(b) Travel expenses to and from the applicant's facility at a rate of $0. 55 per mile.
(c) The inspection fee shall be calculated after the inspection visit is completed and a subsequent inspection report has been filed with the department.
(d) The inspection fee shall be payable within 30 days of the billing date.
III. Such fees shall be credited to the organic processors-handlers certification fund established in RSA 426:6-d.

Source. 2013, 136:5, eff. June 27, 2013. 2019, 134:25, eff. June 25, 2019.

Section 426:9

    426:9 Free Access. – The commissioner, deputy commissioner, inspectors, or authorized assistants shall have free access at all reasonable times to any building or other place where farm products to which this chapter applies are believed to be held for purposes of sale, and may open any bags, crates, or other containers found therein and examine their contents, for the purpose of enforcing the provisions of this chapter. Samples may be removed therefrom by tendering to the holder thereof the market price for the samples.

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

Section 426:10

    426:10 Penalties. –
I. Any person who, personally or by a servant or agent, violates any provision of this chapter or rule adopted under this chapter shall be guilty of a misdemeanor. For any subsequent offense, a person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. Any person who violates any provision of this chapter or any rule adopted or order issued under this chapter shall, in addition, be liable for a civil forfeiture not to exceed $5,000 for each violation, for each day of a continuing violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general.
III. Any person who violates any provision of this chapter, or any rule or order of the commissioner, shall be subject to the imposition of an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.

Source. 1985, 72:1. 1991, 44:1. 1997, 104:5, eff. June 9, 1997.