TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY

Chapter 429
BEEKEEPING AND MAPLE AND HONEY PRODUCTS

Beekeeping

Section 429:1

    429:1 Inspector. – The commissioner of agriculture, markets, and food shall appoint some person, qualified by experience and knowledge in beekeeping, as inspector of apiaries. Said inspector shall be responsible to the commissioner for the performance of his duties under this subdivision and may be removed at any time on neglect of the duties of his office. The commissioner may appoint from time to time additional duly qualified apiary inspectors as may be needed.

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

Section 429:2

    429:2 Inspection. – The inspector shall, annually, make such inspection of the apiaries throughout the state as may be deemed necessary to determine the presence of any bee diseases of a contagious or infectious nature and take such action as may be necessary to suppress the same.

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

Section 429:3

    429:3 Right of Entry; Authority of Inspector. – The inspector shall have free access at all reasonable hours to all apiaries or other premises where bees, bee products, supplies or appliances used in apiaries are kept, and may make such examination of the bees, bee products, supplies or appliances as may be necessary to ascertain the existence of any contagious or infectious disease harmful to bees in the egg, larval, pupal or adult state. If, by reason of such examination, the inspector is satisfied of the existence of any such disease or diseases, he shall order the owner to eradicate same within 10 days after a date specified in writing by the inspector, or he may with the consent and cooperation of the owner proceed immediately to eradicate same by the methods prescribed by the commissioner of agriculture, markets, and food.

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

Section 429:4

    429:4 Moveable Frame Hives Required. – It shall be unlawful for any person, firm or corporation to keep or maintain honey bees in any hives other than modern, moveable, frame hives which permit the thorough examination of every comb in order to detect the presence of bee diseases.

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

Section 429:5

    429:5 Penalty. – Whoever violates or fails to comply with any provisions of this subdivision shall be guilty of a misdemeanor.

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

Section 429:6

    429:6 Report. – The inspector shall render annually on or before July 1 a full and complete report of his work. This report shall be included in and made a part of the report of the commissioner.

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

Section 429:7

    429:7 Certifying Imports. – No bees, or used bee supplies or equipment, shall be shipped or moved into the state without a certificate signed by a legally authorized inspector that they are free from any infectious or contagious disease. Bees and queen in mailing cages shall be considered as a colony for the purposes of this subdivision.

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

Section 429:8

    429:8 Rulemaking. –
The commissioner of agriculture, markets, and food shall adopt rules, after a public hearing and pursuant to RSA 541-A, relative to:
I. Standards for inspection of apiaries.
II. Establishing fees for inspection of apiaries.
III. Measures necessary for the control, eradication, prevention of the introduction, spread, or dissemination of any and all bee diseases.
IV. Certifying imports of bees, and bee supplies or equipment.
V. Control of American foulbrood disease of honeybees.

Source. 1985, 72:1. 1987, 132:2. 1995, 130:5, eff. July 23, 1995.

Section 429:9

    429:9 Spraying Trees; When Prohibited. – It shall be unlawful to use any poisonous material in the form of spray or dust upon fruit trees, shade trees, or shrubs that are in blossom; provided that such poisonous material may be used prior to the opening of the blossoms and after the petals have fallen from 90 percent of the blossoms; and provided further that the commissioner of agriculture, markets, and food may permit the use of specific materials for fruit blossom thinning sprays after consultation with the research staff of the New Hampshire agricultural experiment station. The commissioner of agriculture, markets, and food shall cause to be published annually in April in the Weekly Market Bulletin a list of approved blossom thinning materials.

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

Section 429:10

    429:10 Penalty. – Whoever violates the provisions of RSA 429:9 shall be guilty of a violation for each offense.

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

Section 429:11

    429:11 Control of Disease. – The commissioner of agriculture, markets, and food and the state entomologist are authorized to develop a program for the control of American foulbrood disease of honeybees through the fumigation of hives and such other measures as will control such disease. They shall establish reasonable fees for providing disease control services to owners of bees in this state and in adjoining states. The fees established under this section shall be sufficient to pay, over a 5-year period, for any equipment purchased to provide such services and to pay for the maintenance and operation expenses of such equipment.

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

Section 429:11-a

    429:11-a Authorization to Destroy. – In control or eradication of dangerous bee diseases, the commissioner of agriculture, markets, and food or his authorized representatives may destroy by burning or otherwise any infected bees, hives, honey, or appliances that he or they may deem necessary for such control or eradication, without remuneration to the owner. Such infected bees, hives, honey, and appliances shall be deemed a public nuisance.

Source. 1987, 132:3. 1995, 130:5, eff. July 23, 1995.

Section 429:11-b

    429:11-b Appeals. – Appeals from any decision by the commissioner under this subdivision shall be governed by RSA 541.

Source. 1987, 132:3, eff. July 1, 1987.

Section 429:12

    429:12 Acceptance of Grants. – The commissioner of agriculture, markets, and food is authorized to accept any gifts, grants or donations from any source for the purpose of controlling American foulbrood disease of honeybees and for the purpose of research and control of all bee diseases.

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

Maple and Honey Products

Section 429:13

    429:13 Definitions. –
When used in this subdivision:
I. "Advertisement" means any method used to call attention to a product which is intended to arouse a desire to purchase that product. It shall include, but is not limited to, signs, displays, radio and television broadcasts, newspapers and periodicals, direct mail, and other printed forms.
II. "Bulk honey" means honey packed in containers of more than one gallon; or more than 12 pounds.
III. "Bulk maple syrup" means maple syrup packed in containers of more than one gallon.
III-a. "Commercial sugarmaker" means a person who collects or purchases maple sap for maple production and sale.
IV. "Commissioner" means the commissioner for the New Hampshire department of agriculture, markets, and food or his designee.
V. "Department" means the New Hampshire department of agriculture, markets, and food.
VI. "Grade" or "grades" means the standards for maple syrup or honey:
(a) Established by the commissioner of agriculture, markets, and food as the official grades for maple syrup or honey produced in the state of New Hampshire as provided in RSA 426:1;
(b) Established by the United States Department of Agriculture; or
(c) Established by the laws of some other state if the maple syrup or honey was produced in whole or in part in such other state.
VII. "Honey", "liquid or extracted honey", "strained honey" or "pure honey" means 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.
VII-a. "Honey products" means only honey, liquid or extracted honey, strained honey, pure honey, comb honey, chunk honey, cremed honey, or any other product in which the sugar content is entirely derived from pure honey and to which nothing has been added.
VII-b. "Maple packer" means a person who purchases and packs or further processes maple syrup for sale.
VIII. "Maple products" means 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.
IX. "Maple sap" means the unprocessed liquid derived from the maple tree (Acer).
X. [Repealed.]
XI. "Maple sugar" means the solid, crystalline product of maple tree sap only.
XII. "Maple syrup" means syrup made from pure maple sap and intended for human consumption or for use in the manufacture of maple products.
XIII. "Packaged honey" means honey packed in containers of one gallon or less; or 12 pounds or less.
XIV. "Packaged maple syrup" means maple syrup packed in containers of one gallon or less.
XV. "Person" means any individual, firm, partnership, corporation, association, cooperative or business trust.
XVI. "Produced in New Hampshire" means only that maple syrup or honey or those other maple or honey products which are manufactured in their entirety from pure, unprocessed maple sap or from pure unprocessed honey, as applicable, within the state of New Hampshire pursuant to standards established by this subdivision and the rules adopted hereunder.
XVII. "Public eating place" means any person or establishment engaged in the business of preparing and selling food for the general public's consumption on the premises.

Source. 1985, 72:1. 1995, 130:4, 5. 1997, 136:3, I. 2000, 68:1, 2. 2001, 5:1, 2, eff. June 22, 2001.

Section 429:13-a

    429:13-a Registration. –
I. The commissioner shall design and implement a voluntary registration program for persons who produce or pack maple sap or maple products for sale.
II. A commercial sugarmaker or maple packer who agrees to voluntarily register for a period of 6 years shall complete a registration form supplied by the commissioner. The information on the form shall be limited to the name of the owner or operator, the farm or business name, the address and phone number of the farm or business, and whether the registrant is a commercial sugarmaker or maple packer.
III. Commercial sugarmakers and maple packers agreeing to voluntarily register shall be placed on a list of voluntary registrants by the commissioner. Use of the voluntary registration list by the department shall be limited to disseminating information relative to the maple industry, conducting surveys on topics that are timely and important to the maple industry, and emergency notification to commercial sugarmakers and maple packers of conditions or practices found to adversely impact the quality of maple products.

Source. 2000, 68:3, eff. June 20, 2000.

Section 429:14

    429:14 Labels. –
I. Every shipment, package or container of maple syrup packed, sold, offered or exposed for sale or distribution by any person shall be plainly marked according to packaging and labeling rules and shall include:
(a) The name, address, and zip code of the packer, distributor, or producer;
(b) The true name of the product;
(c) The grade; and
(d) The volume of the contents at 68 degrees Fahrenheit or 20 degrees Celsius.
II. Every shipment, package or container of maple products other than maple syrup, packed, sold, offered or exposed for sale or distribution by any person shall be plainly marked according to packaging and labeling rules and shall include:
(a) The name, address and zip code of the packer;
(b) The true name of the product;
(c) The volume of the contents at 68 degrees Fahrenheit or 20 degrees Celsius if the product is a liquid or with the net weight if the product is not a liquid.
III. Any labeling on bulk or packaged maple syrup which indicates "state of New Hampshire pure maple syrup", "New Hampshire maple syrup," "New Hampshire syrup," or any other words which imply that the syrup so marked was produced in New Hampshire shall be used exclusively upon maple syrup which is entirely produced within the state of New Hampshire in compliance with the terms of this subdivision and the rules adopted hereunder.
IV. Any labeling on all other maple products which states or implies that those products were produced in New Hampshire shall be used exclusively upon pure maple products which are entirely produced within the state of New Hampshire in compliance with the terms of this subdivision and the rules adopted hereunder.

Source. 1985, 72:1. 2000, 68:4, eff. June 20, 2000.

Section 429:15

    429:15 Adulteration; Filtration. –
I. Maple products which are labeled as being pure maple products and which are produced, packaged, handled or sold in this state shall not in any way be adulterated with cane sugar, corn sugar, or any other foreign sweetener.
II. Maple syrup which is produced, packaged, handled or sold in this state shall not be bleached or lightened in color by artificial means except by simple filtration through cloth or paper to remove suspended solids. The commissioner may by rule approve other methods of filtration.
III. Maple syrup and maple products which are labeled as being pure maple products and which are produced, packaged, handled, or sold in this state shall not in any way be adulterated by the addition or introduction of any substance that would change the essential characteristics of the maple product or render the maple products unsafe.

Source. 1985, 72:1. 2000, 68:5, eff. June 20, 2000.

Section 429:16

    429:16 Labeling Container of Maple Flavored Products. –
I. Every product or package containing a product made by combining maple sap, maple sugar or maple syrup with any other sugar or other substance packed, sold, offered or exposed for sale or distribution by any person in this state shall be plainly marked according to packaging and labeling rules and shall include the following on the principal display panel:
(a) An accurate and descriptive name;
(b) The net quantity contents declaration; and
(c) The amount of maple sugar or maple syrup the product contains expressed in percentage of volume if the product is a liquid or a list of the product ingredients in order of decreasing predominance by weight if the product is a solid. The percentage statement or ingredient list shall be in close proximity to the product name.
II. The same information required in paragraph I shall be included in any advertisements of the product. When the product is served in any public eating place, the menu shall be conspicuously marked with an accurate and descriptive name and a statement expressing the percentage of maple sugar or maple syrup the product contains.
III. The words "maple", "mapyl", "mapley", or words of similar import, shall not appear in any manner on a container, label, menu, or advertisement of maple flavored products, unless:
(a) Such words are printed in the statement of contents together with the percentage;
(b) Such words are a part of the packer's name, provided that the packer's name cannot appear to be a part of the product name; or
(c) The words "blend" or "flavored" appear immediately before, after, above or below and in equal prominence and in letters of equal size to such words.
IV. The term "maple flavored" may only be used when 100 percent of the flavoring material is a pure maple product. If any artificial maple flavor is used, the label shall clearly and conspicuously state "artificial flavor".

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

Section 429:17

    429:17 Labeling Container of Artificial Maple Flavored Products. – It shall be unlawful to use the term "maple syrup" or "maple sugar", however modified, to describe any product, flavoring, sweetener or food additive unless the product, flavoring, sweetener or food additive so described meets the statutory definition of "maple syrup" or "maple sugar". Terms such as "artificial maple syrup" or "artificial maple sugar" are declared to be misleading and deceptive and may not be used in the labeling or advertising of any product. Terms such as "artificial maple flavor" or "artificial maple flavor sweetener" may be used to describe a product flavored or sweetened with a substance which attempts to duplicate real maple flavor, providing that words such as "artificial", "flavor", and other modifiers of the word "maple" shall appear in equal prominence to the word "maple" on the label and in all advertising of the product.

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

Section 429:18

    429:18 Repealed by 1997, 136:3, II, eff. June 9, 1997. –

Section 429:19

    429:19 Advertising. –
I. All advertisements of maple syrup displayed, circulated, broadcast by radio or telecast within this state which quote a price shall specify the grade and volume of maple syrup in equal prominence with the stated price.
II. All advertisements of maple products and maple flavored products displayed, circulated, broadcast by radio or telecast within this state which quote a price shall specify the quantity of contents in equal prominence with the stated price.
III. All advertisements of maple syrup or maple products which state or imply that the products were produced in New Hampshire shall be used exclusively upon maple syrup or maple products produced within the state of New Hampshire.
IV. All advertising of maple flavored products shall be in compliance with the advertising provisions contained in RSA 429:16. All advertising of artificial maple flavored products shall be in compliance with the advertising provisions contained in RSA 429:17.

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

Section 429:20

    429:20 Labels. –
I. Every shipment, package or container of honey packed, sold, offered or exposed for sale or distribution by any person shall be plainly marked for packaging and labeling, and shall include:
(a) The name, address and zip code of the packer, distributor, or producer;
(b) The true name of the product;
(c) The grade, or the term " not graded"; and
(d) The volume of the contents at 68 degrees Fahrenheit or 20 degrees Celsius or the net weight of the contents.
II. Any labeling on bulk or packaged honey which indicates "state of New Hampshire pure honey", "New Hampshire honey", or any other words which imply that the honey so marked was produced in New Hampshire shall be used exclusively upon honey which is entirely produced within the state of New Hampshire in compliance with the terms of this subdivision and the rules adopted hereunder.
III. Any labeling on all other honey products which states or implies that those products were produced in New Hampshire shall be used exclusively upon pure honey products which are entirely produced within the state of New Hampshire in compliance with the terms of this subdivision and the rules adopted hereunder.

Source. 1985, 72:1. 2001, 5:3, eff. June 22, 2001.

Section 429:21

    429:21 Adulteration; Filtration. –
I. Honey which is labeled as being pure honey and which is produced, packaged, handled or sold in this state shall not in any way be adulterated with cane sugar, corn sugar, or any other foreign sweetener.
II. Honey which is produced, packaged, handled or sold in this state shall not be bleached or lightened in color by artificial means except by simple filtration through cloth or paper to remove suspended solids. The commissioner may by rule approve other methods of filtration.
III. Honey and honey products which are labeled as being pure honey products and which are produced, packaged, handled, or sold in this state shall not in any way be adulterated by the addition or introduction of any substance that would change the essential characteristics of the honey product or render the honey products unsafe.

Source. 1985, 72:1. 2001, 5:4, eff. June 22, 2001.

Section 429:22

    429:22 Labeling Container of Honey Flavored Products. –
I. Every product or package containing a product made by combining honey with any other sugar or other substance packed, sold, offered or exposed for sale or distribution by any person in this state shall be plainly marked for packaging and labeling rules and shall include the following on the principal display panel:
(a) An accurate and descriptive name;
(b) The net quantity contents declaration; and
(c) The amount of honey the product contains expressed in percentage of volume. The percentage statement or ingredient list shall be in close proximity to the product name.
II. The same information required in paragraph I shall be included in any advertisements of the product. When the product is served in any public eating place, the menu shall be conspicuously marked with an accurate and descriptive name and a statement expressing the percentage of honey the product contains.
III. The term "honey flavored" may only be used when 100 percent of the flavoring material is pure honey. If any artificial honey flavor is used, the label shall clearly and conspicuously state "artificial flavor".

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

Section 429:23

    429:23 Labeling Container of Artificial Honey Flavored Products. – It shall be unlawful to use the term "honey", however modified, to describe any product, flavoring, sweetener or food additive unless the product, flavoring, sweetener or food additive so described meets the statutory definition of "honey". Terms such as "artificial honey" are declared to be misleading and deceptive and may not be used in the labeling or advertising of any product. Terms such as "artificial honey flavor" or "artificial honey flavor sweetener" may be used to describe a product flavored or sweetened with a substance which attempts to duplicate real honey flavor, providing that words such as "artificial", "flavor", and other modifiers of the word "honey" shall appear in equal prominence and in letters of equal size to the word "honey" on the label and in all advertising of the product.

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

Section 429:24

    429:24 Advertising. –
I. All advertisements of honey displayed, circulated, broadcast by radio or telecast within this state which quote a price shall specify the grade and volume of honey in equal prominence with the stated price.
II. All advertisements of honey and honey flavored products displayed, circulated, broadcast by radio or telecast within this state which quote a price shall specify the quantity of contents in equal prominence with the stated price.
III. All advertisements of honey which state or imply that the products were produced in New Hampshire shall be used exclusively upon honey produced within the state of New Hampshire.
IV. All advertising of honey flavored products shall be in compliance with the advertising provisions contained in RSA 429:22. All advertising of artificial honey flavored products shall be in compliance with the advertising provisions contained in RSA 429:23.

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

Section 429:25

    429:25 Rulemaking Authority. – The commissioner of agriculture, markets, and food shall have general authority to administer this chapter and shall adopt rules pursuant to RSA 541-A for carrying out its provisions. He shall in person or by his deputy or agent have free access at all reasonable hours to any place, building, or vehicle in which maple syrup or honey is sold, offered, or exposed for sale, or exchanged or distributed at retail or wholesale. He shall also have power in person or by his deputy or agent to open any package or container, and may upon tendering the market price take such container and its contents or sample therefrom.

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

Section 429:25-a

    429:25-a Stop Sale, Use, or Removal Orders. – When the commissioner or duly authorized agent has reasonable cause to believe any product is being distributed in violation of any of the provisions of this subdivision, or any of the rules adopted under this subdivision, the commissioner or duly authorized agent may issue and serve a written "stop sale, use, or removal" order upon the custodian of any such product. The product shall not be sold, used, or removed until the provisions of this subdivision have been complied with and the product has been released by the commissioner or duly authorized agent or the violation has been otherwise disposed of as provided in this subdivision by a court of competent jurisdiction.

Source. 1997, 136:2, eff. June 9, 1997.

Section 429:26

    429:26 Hearings. – When the commissioner of agriculture, markets, and food learns of any violation of any of the provisions of this subdivision, he shall cause notice of such violations, together with the copy of his findings, to be given the person or persons concerned. Persons so notified shall be afforded a hearing under rules adopted by the commissioner under RSA 541-A.

Source. 1985, 72:1. 1991, 44:4. 1995, 130:5, eff. July 23, 1995.

Section 429:27

    429:27 Penalties. –
I. Any person who, by himself or by his servant or agent, violates any provision of this subdivision or rule adopted under this subdivision 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 subdivision or any rule adopted or order issued under this subdivision 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 subdivision, 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, 44:5, eff. Jan. 1, 1992.

Section 429:28

    429:28 Repealed by 2012, 114:6, II, eff. July 1, 2012. –