TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY

Chapter 430
INSECT PESTS AND PLANT DISEASES

Suppression of Insects and Plant Diseases

Section 430:1

    430:1 State Entomologist. – The commissioner of agriculture, markets, and food shall, subject to the personnel laws of the state, employ an assistant who shall be known as the state entomologist and who shall be fully qualified by scientific training and experience and who, under the direction of the commissioner, shall be in charge of the suppression of pests as provided for in this subdivision.

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

Section 430:2

    430:2 Suppression of Pests. – The commissioner and the state entomologist may undertake the suppression or control of any insect pest or plant disease which, in their judgment, seriously threatens the state or any part thereof and for that purpose may adopt rules, pursuant to RSA 541-A, and may employ such measures as, in their judgment, may be reasonable and proper. The commissioner and the state entomologist shall coordinate their forest pest control efforts with the director of forests and lands. The commissioner and director shall establish and publish an annual work plan that outlines the responsibilities of each agency in the area of forest pest control and report the results back to the appropriate committees. For the purposes of this subdivision, it shall be lawful for the commissioner, the state entomologist or any agent or assistant appointed under the provisions hereof to enter upon any lands in this state.

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

Section 430:3

    430:3 Penalty for Misconduct. – Whoever resists or obstructs any agent of the state while lawfully engaged in the execution of this subdivision, or who violates any rule adopted by the commissioner and state entomologist under the provisions hereof, or who wilfully brings into the state, disseminates, or propagates any destructive insect pest or plant disease, shall be guilty of a violation if a natural person, or be guilty of a misdemeanor if any other person.

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

Section 430:4

    430:4 Suppression By Towns. – For the purposes of this subdivision, the commissioner and the state entomologist may require any town to take such measures as, in their judgment, are reasonable and proper, up to a cost not exceeding, in any one year, 1/10 of one percent of the tax valuation of said town for the preceding year. If a town shall fail to execute the prescribed measures, the commissioner and state entomologist may cause the work to be done and the expense thereof, not exceeding said 1/10 of one percent of the tax valuation, may be recovered from the town in an action by the state.

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

Section 430:5

    430:5 Forfeiture. – In addition thereto, any town failing to take such measures as the commissioner and the state entomologist may require shall forfeit the sum of $100, to be collected by an information brought by the attorney general in the county in which said town is located.

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

Section 430:6

    430:6 Suppression By Property Owners. – For the purposes of this subdivision, the commissioner and the state entomologist may require the owner of any parcel of land which is infested with any destructive insect pest or plant disease to take such measures as, in their judgment, are reasonable and proper, up to a cost not exceeding, in any one year, 1/2 of one percent of the assessed valuation of said land, including buildings and improvements thereon, as fixed by the last preceding tax appraisal. If the owner of such lands shall fail to execute the prescribed measures, the commissioner and the state entomologist may cause the work to be done, either directly or through the town in which the land is situated, and the expense thereof, not exceeding 1/2 of one percent of the assessed valuation of said land as specified, shall be assessed upon said lands and improvements.

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

Section 430:7

    430:7 Assessments. – The amounts to be assessed upon private property shall be assessed and collected like ordinary taxes at the next general tax assessment following their expenditure, and shall be a lien on said land, including buildings and improvements thereon, in the same manner and with the same effect as is provided in the case of other taxes, and shall be subject to the provisions relative to abatement and appeal.

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

Section 430:8

    430:8 Interpretation. – Nothing in the subdivision shall be construed to affect the provisions of RSA 227-K relating to the control of forest insect and disease infestations.

Source. 1985, 72:1. 1995, 299:14, eff. Jan. 1, 1996.

Mosquito Control

Section 430:9

    430:9 Declaration of Purpose. – For the purpose of preserving and promoting the public health and welfare by providing for the control of mosquitos and other arthropods of public health and welfare significance (hereinafter referred to as mosquitos), the creation of mosquito control districts is hereby authorized. The boundaries of the districts shall cover the same area as the boundaries of the cities and towns in the district. The mosquito control districts may further be identified by that state region in which they are located. Permanent control of mosquitos shall be the primary aim of the state committee, recommending and initiating only such temporary measures as are necessary and judicious, to be guided by the various state, federal and local departmental requirements.

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

Section 430:10

    430:10 Repealed by 2010, 368:1(29), eff. Dec. 31, 2010. –

Section 430:11

    430:11 Duties of Committee. –
I. The committee is authorized to accept and allocate or spend any grants-in-aid for mosquito control purposes which are made available to the state by the federal government.
II. Upon the approval of the committee, funds received by any department or state agency for mosquito control purposes may be utilized to aid local governmental units, other than mosquito control districts, undertaking projects having significant mosquito control benefits. In no case shall the grant of such funds exceed 5 percent of the capital costs of the project, nor 50 percent of the annual operating costs or expenses of the local unit.
III. The department shall act as fiscal agent in contracting for receipt and expenditure of all funds made available to the committee and shall provide all administrative services required to carry out the functions of the committee. The department shall be reimbursed for the cost of service which it provides from funds made available under the provisions of this subdivision.
IV. In no case may the monetary value of the aid provided with state funds to mosquito control districts exceed that provided locally for temporary control measures such as larviciding or adulticiding, nor twice the local funds provided for permanent improvements such as draining, ditching, diking, and impounding.
V. State aid shall not be given to mosquito control districts until the work or project plans for which the grant is being made are submitted to and approved by the committee or its authorized representative, and until proof has been received by the department that local funds are available.

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

Section 430:12

    430:12 Petition. – Ten qualified voters in any city or town may petition the city council, town selectmen, or any other type of city or town governing body, hereafter called the local governing body, that the proposition of creating, establishing, and maintaining a city or town mosquito control district be submitted to the voters of that city or town at the next general election held in that city or town or to the voters in the next town meeting that does not occur within less than 90 days after filing the petition. The petition may consist of one or more separate units and shall be filed with the local governing body. Each subscriber to the petition shall state his name, post office address, the voting precinct in which he is registered, and the date of signing. No subscriber may withdraw his name or have it taken from the petition after the petition has been filed. If the name of any person has been placed upon the petition without his authority, he may appear before the local governing body, before the election or meeting is ordered, and, upon proof his name was placed on the petition without his authority, his name may be struck off the petition by an order of the local governing body.

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

Section 430:13

    430:13 Procedure. –
I. Upon the filing of the petition, the local governing body shall order one publication of notice of the filing. The cost of publication shall be absorbed by the local governing body in the usual manner out of city or town funds. The local governing body shall enter a further order directing that the question, "Are you in favor of establishing a city or town mosquito control district?", with proper answer squares of "yes" or "no" be placed upon such a ballot; or to have the question properly placed for action at the next town meeting.
II. The vote shall be canvassed and returned by the election officials for the general election and certified to the local governing body; or if in town meeting, the result shall be duly recorded by the town clerk with the actual vote noted. If a majority of those voting on the proposition vote "yes", the local governing body shall by order declare the establishment of the district.

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

Section 430:14

    430:14 Districts Established. –
I. Each mosquito control district shall be governed by a board or committee, consisting of up to 5 voters domiciled in the district, appointed by the local governing body, initially appointed to staggered terms. At the expiration of the terms of the members of the first board or committee, all appointments shall be for terms of 3 years and until their successors are appointed and qualified, but the individuals holding the appointment shall do so at the pleasure of the local governing body. At least one board or committee member should be a local governing body member; however, this one membership may be assigned. Vacancies shall be filled by the local governing body. Vacancies resulting for cause other than expiration of term shall be filled for the unexpired term.
II. Members of the state committee may designate representatives of state departments or agencies to serve on district boards or committees in an advisory capacity without vote.
III. Members of the district board or committee appointed by the local governing body may be reimbursed for necessary expenses incurred in performance of their duties.
IV. The local governing body may act as fiscal agent for the district board or committee in contracting for receipt and expenditure of all funds made available to the district and shall provide all administrative services required to carry out the functions of the district board or committee.

Source. 1985, 72:1, eff. July 1, 1985. 2003, 289:21, eff. Sept. 1, 2003. 2012, 88:1, eff. July 28, 2012.

Section 430:15

    430:15 Officers. – At the first meeting of the district board or committee, and annually thereafter, the board or committee shall elect from its membership a chairman. Each voting member shall take and subscribe to any oath that may be required by law or the local governing board.

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

Section 430:16

    430:16 Duties. –
I. The district board or committee shall constitute a public body representative with perpetual succession and responsibilities in its name to:
(a) Recommend lines of procedure, contracts, detailed abatement programs and related fiscal measures.
(b) Recommend the acquisition by purchase, gift, grant, bequest, devise or through condemnation proceedings in the manner provided in RSA 31:92 of such lands or rights of way as are necessary for the exercise of the authorized functions of the district.
(c) Recommend the employment of a district superintendent who is an engineer, entomologist, or otherwise qualified as an arthropod control specialist, and other personnel required in performance of the authorized functions of the district. The district superintendent may be employed entirely by a district or in cooperation with any other district or districts.
(d) Recommend the borrowing of any money in anticipation of revenue receipts to meet the current expenses of the district. Such current borrowing shall not exceed 75 percent of the unrealized and unencumbered revenue estimated in the budget to be derived from the tax levy for the then current fiscal year.
(e) Recommend arthropod control measures in cooperation or by contract with individuals, firms, corporations, and federal, state, and local government agencies.
(f) Recommend the holding, leasing, and conveying of real estate and personal property deemed necessary and proper to carry out the purposes of the mosquito control law.
(g) Recommend a proposed budget necessary to carry out the mosquito control abatement procedures during the ensuing mosquito abatement season.
(h)(1) Present to the state committee and the local governing body in the last 90 days of each calendar year a recommended plan of procedure and operation for the ensuing abatement year. Districts acting alone or in concert with other districts may include in their plan of procedure and operation any or all recommendations made by a qualified entomologist acceptable to the state committee.
(2) Present to the local governing body each year any plan of procedure and operation embodying any recommendations specifically mentioned in this section for further presentation to the people of the district at the annual town meeting or general election, as prescribed by law, for legal action and sanction, including with this plan of procedure and operation a report on the district's operation during the last abatement season.
(3) Supervise the measures necessary and proper for the control of all species of mosquitos and other arthropods of public health and welfare importance within the district, and represent the district when acting in concert with other districts.
II. It is the responsibility of the state committee to advise each district, or group of districts within a region, in the last 90 days of each calendar year as to the best and most effective measures to be used in bringing about permanent elimination of breeding conditions. The state committee may use any part or all of the district committee's plan in preparation of this advisement. Committee approval shall be required prior to participation by a district in contract or program agreements involving state or federal funds.

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

Section 430:17

    430:17 Fiscal Year. – The fiscal year of each mosquito control district shall be concurrent with the fiscal year of the local governing body of that district; further, the mosquito abatement season shall be that season when the mosquito can be best contained on a temporary or permanent control basis.

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

Section 430:18

    430:18 Taxes. –
I. The district board or committee may recommend and present, as outlined in RSA 430:16, I(g) and (h), a proposed budget to the local governing body of the city or town where the control district is located.
II. Tax funds collected shall be held by the fiscal agent of the mosquito control district for the specific purpose for which they have been levied. All expenditures of such funds shall be made by the fiscal agent of the district board upon approval of the local governing body. The fiscal agent of the district board shall provide the local governing body of the town or city with a complete itemized account of all funds received and expended by the district in conjunction with RSA 430:16, I(h).

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

Section 430:19

    430:19 Joint Effort. – To increase operational efficiency, 2 or more adjacent mosquito control districts may, by written agreement of the boards and the local governing bodies, arrange for combining mosquito control funds, apportioning costs, cooperating, and engaging jointly in mosquito control projects. The immediate control and management of a joint project may be entrusted to a joint committee composed of the chairman of each of the boards, or such other board members as may be agreed upon and stipulating such in writing.

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

Section 430:20

    430:20 Discontinuance. – At any time after 3 years from the organization of a mosquito control district, 10 legal voters may petition the local governing body that the question of discontinuing the district be submitted to the voters of the district at the next town meeting or general election held in the district that does not occur within less than 90 days after filing of the petition. The petition shall state the reasons for discontinuance and that all obligations of the district have been met or provided for. Action shall be taken on the petition as provided in RSA 430:13.

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

Pest Control Compact

Section 430:21

    430:21 Compact Enacted. – The Pest Control Compact is hereby enacted into law and entered into with all other jurisdictions legally joining therein in the form substantially as follows:

Article I

Findings


The party states find that:
(a) In the absence of the higher degree of cooperation among them possible under this compact, the annual loss of approximately 7 billion dollars from the depredations of pests is virtually certain to continue, if not to increase.
(b) Because of varying climatic, geographic and economic factors, each state may be affected differently by particular species of pests; but all states share the inability to protect themselves fully against those pests which present serious dangers to them.
(c) The migratory character of pest infestations makes it necessary for states both adjacent to and distant from one another to complement each other's activities when faced with conditions of infestation and reinfestation.
(d) While every state is seriously affected by a substantial number of pests, and every state is susceptible of infestation by many species of pests not now causing damage to its crop and plant life and products, the fact that relatively few species of pests present equal danger to or are of interest to all states makes the establishment and operation of an insurance fund, from which individual states may obtain financial support for pest control programs of benefit to them in other states and to which they may contribute in accordance with their relative interests, the most equitable means of financing cooperative pest eradication and control programs.

Article II

Definitions


As used in this compact, unless the context clearly requires a different construction:
(a) "State" means a state, territory, possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
(b) "Requesting state" means a state which invokes the procedures of the compact to secure the undertaking or intensification of measures to control or eradicate one or more pests within one or more other states.
(c) "Responding state" means a state requested to undertake or intensify the measures referred to in subdivision (b) of this Article.
(d) "Pest" means any invertebrate animal, pathogen, parasitic plant or similar or allied organism which can cause disease or damage in any crops, trees, shrubs, grasses or other plants of substantial value.
(e) "Insurance fund" means the Pest Control Insurance Fund established pursuant to this compact.
(f) "Governing board" means the administrators of this compact representing all of the party states when such administrators are acting as a body in pursuance of authority vested in them by this compact.
(g) "Executive committee" means the committee established pursuant to Article V(e) of this compact.

Article III

The Insurance Fund


There is hereby established the Pest Control Insurance Fund for the purpose of financing other than normal pest control operations which states may be called upon to engage in pursuant to this compact. The insurance fund shall contain moneys appropriated to it by the party states and any donations and grants accepted by it. All appropriations, expressly set forth in this compact, shall be unconditional and may not be restricted by the appropriating state to use in the control of any specified pest or pests. Donations and grants may be conditional or unconditional, provided that the insurance fund shall not accept any donation or grant whose terms are inconsistent with any provision of this compact.

Article IV

The Insurance Fund, Internal Operations and Management


(a) The insurance fund shall be administered by a governing board and executive committee as hereinafter provided. The actions of the governing board and executive committee pursuant to this compact shall be deemed the actions of the insurance fund.
(b) The members of the governing board shall be entitled to one vote each on such board. No action of the governing board shall be binding unless taken at a meeting at which a majority of the total number of votes on the governing board are cast in favor thereof. Action of the governing board shall be only at a meeting at which a majority of the members are present.
(c) The insurance fund shall have a seal which may be employed as an official symbol and which may be affixed to documents and otherwise used as the governing board may provide.
(d) The governing board shall elect annually, from among its members, a chairman, a vice chairman, a secretary and a treasurer. The chairman may not succeed himself. The governing board may appoint an executive director and fix his duties and his compensation, if any. Such executive director shall serve at the pleasure of the governing board. The governing board shall make provision for the bonding of such of the officers and employees of the insurance fund as may be appropriate.
(e) Irrespective of the civil service, personnel or other merit system laws of any of the party states, the executive director, or if there be no executive director, the chairman, in accordance with such procedures as the bylaws may provide, shall appoint, remove or discharge such personnel as may be necessary for the performance of the functions of the insurance fund and shall fix the duties and compensation of such personnel. The governing board in its bylaws shall provide for the personnel policies and programs of the insurance fund.
(f) The insurance fund may borrow, accept or contract for the services of personnel from any state, the United States, or any other governmental agency, or from any person, firm, association or corporation.
(g) The insurance fund may accept for any of its purposes and functions under this compact any and all donations and grants of money, equipment, supplies, materials and services, conditional or otherwise, from any state, and the United States, or any other governmental agency, or from any person, firm, association or corporation, and may receive, utilize and dispose of the same. Any donation, gift or grant accepted by the governing board pursuant to this paragraph or service borrowed pursuant to paragraph (f) of this Article shall be reported in the annual report of the insurance fund. Such report shall include the nature, amount and conditions, if any, of the donation, gift, grant or services borrowed and the identity of the donor or lender.
(h) The governing board shall adopt bylaws for the conduct of the business of the insurance fund and shall have the power to amend and rescind these bylaws. The insurance fund shall publish its bylaws in convenient form and shall file a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the party states.
(i) The insurance fund annually shall make to the governor and legislature of each party state a report covering its activities for the preceding year. The insurance fund may make such additional reports as it may deem desirable.
(j) In addition to the powers and duties specifically authorized and imposed, the insurance fund may do such other things as are necessary and incidental to the conduct of its affairs pursuant to this compact.

Article V

Compact and Insurance Fund Administration


(a) In each party state there shall be a compact administrator, who shall be selected and serve in such manner as the laws of this state may provide, and who shall:
1. Assist in the coordination of activities pursuant to the compact in his state; and
2. Represent his state on the governing board of the insurance fund.
(b) If the laws of the United States specifically so provide, or if administrative provision is made therefor within the federal government, the United States may be represented on the governing board of the insurance fund by not to exceed 3 representatives. Any such representative or representatives of the United States shall be appointed and serve in such manner as may be provided by or pursuant to federal law, but no such representative shall have a vote on the governing board or on the executive committee thereof.
(c) The governing board shall meet at least once each year for the purpose of determining policies and procedures in the administration of the insurance fund and, consistent with the provisions of the compact, supervising and giving direction to the expenditure of moneys from the insurance fund. Additional meetings of the governing board shall be held on call of the chairman, the executive committee, or a majority of the membership of the governing board.
(d) At such times as it may be meeting, the governing board shall pass upon applications for assistance from the insurance fund and authorize disbursements therefrom. When the governing board is not in session, the executive committee thereof shall act as agent of the governing board, with full authority to act for it in passing upon such applications.
(e) The executive committee shall be composed of the chairman of the governing board and 4 additional members of the governing board chosen by it so that there shall be one member representing each of the 4 geographic groupings of party states. The governing board shall make such geographic groupings. If there is representation of the United States on the governing board, one such representative may meet with the executive committee. The chairman of the governing board shall be chairman of the executive committee. No action of the executive committee shall be binding unless taken at a meeting at which at least 4 members of such committee are present and vote in favor thereof. Necessary expenses of each of the 5 members of the executive committee incurred in attending meetings of such committee, when not held at the same time and place as a meeting of the governing board, shall be charges against the insurance fund.

Article VI

Assistance and Reimbursement


(a) Each party state pledges to each other party state that it will employ its best efforts to eradicate, or control within the strictest practicable limits, any and all pests. It is recognized that performance of this responsibility involves:
1. The maintenance of pest control and eradication activities of interstate significance by a party state at a level that would be reasonable for its protection in the absence of this compact.
2. The meeting of emergency outbreaks or infestations of interstate significance to no less an extent than would have been done in the absence of this compact.
(b) Whenever a party state is threatened by a pest not present within its borders but present within another party state, or whenever a party state is undertaking or engaged in activities for the control or eradication of a pest or pests, and finds that such activities are or would be impracticable or substantially more difficult of success by reason of failure of another party state to cope with infestation or threatened infestation, that state may request the governing board to authorize expenditures from the insurance fund for eradication or control measures to be taken by one or more of such other party states at a level sufficient to prevent, or to reduce to the greatest practicable extent, infestation or reinfestation of the requesting state. Upon such authorization the responding state or states shall take or increase such eradication or control measures as may be warranted. A responding state shall use moneys made available from the insurance fund expeditiously and efficiently to assist in affording the protection requested.
(c) In order to apply for expenditures from the insurance fund, a requesting state shall submit the following in writing:
1. A detailed statement of the circumstances which occasion the request for the invoking of the compact.
2. Evidence that the pest on account of whose eradication or control assistance is requested constitutes a danger to an agricultural or forest crop, product, tree, shrub, grass or other plant having a substantial value to the requesting state.
3. A statement of the extent of the present and projected program of the requesting state and its subdivisions, including full information as to the legal authority for the conduct of such program or programs and the expenditures being made or budgeted therefor, in connection with the eradication, control, or prevention of introduction of the pest concerned.
4. Proof that the expenditures being made or budgeted as detailed in item 3 do not constitute a reduction of the effort for the control or eradication of the pest concerned or, if there is a reduction, the reasons why the level of program detailed in item 3 constitutes a normal level of pest control activity.
5. A declaration as to whether, to the best of its knowledge and belief, the conditions which in its view occasion the invoking of the compact in the particular instance can be abated by a program undertaken with the aid of moneys from the insurance fund in one year or less, or whether the request is for an installment in a program which is likely to continue for a longer period of time.
6. Such other information as the governing board may require consistent with the provisions of this compact.
(d) The governing board or executive committee shall give due notice of any meeting at which an application for assistance from the insurance fund is to be considered. Such notice shall be given to the compact administrator of each party state and to such other officers and agencies as may be designated by the laws of the party states. The requesting state and any other party state shall be entitled to be represented and present evidence and argument at such meeting.
(e) Upon the submission as required by paragraph (c) of this Article and such other information as it may have or acquire, and upon determining that an expenditure of funds is within the purposes of this compact and justified thereby, the governing board or executive committee shall authorize support of the program. The governing board or the executive committee may meet at any time or place for the purpose of receiving and considering an application. Any and all determinations of the governing board or executive committee, with respect to an application, together with the reasons therefor shall be recorded and subscribed in such manner as to show and preserve the votes of the individual members thereof.
(f) A requesting state which is dissatisfied with a determination of the executive committee shall, upon notice in writing given within 20 days of the determination with which it is dissatisfied, be entitled to receive a review thereof at the next meeting of the governing board. Determinations of the executive committee shall be reviewable only by the governing board at one of its regular meetings, or at a special meeting held in such manner as the governing board may authorize.
(g) Responding states required to undertake or increase measures pursuant to this compact may receive moneys from the insurance fund, either at the time or times when such state incurs expenditures on account of such measures, or as reimbursement for expenses incurred and chargeable to the insurance fund. The governing board shall adopt and, from time to time, may amend or revise procedures for submission of claims upon it and for payment thereof.
(h) Before authorizing the expenditure of moneys from the insurance fund pursuant to an application of a requesting state, the insurance fund shall ascertain the extent and nature of any timely assistance or participation which may be available from the federal government and shall request the appropriate agency or agencies of the federal government for such assistance and participation.
(i) The insurance fund may negotiate and execute a memorandum of understanding or other appropriate instrument defining the extent and degree of assistance or participation between and among the insurance fund, cooperating federal agencies, states and any other entities concerned.

Article VII

Advisory and Technical Committees


The governing board may establish advisory and technical committees composed of state, local and federal officials, and private persons to advise it with respect to any one or more of its functions. Any such advisory or technical committee, or any member or members thereof may meet with and participate in its deliberations. Upon request of the governing board or executive committee an advisory or technical committee may furnish information and recommendations with respect to any application for assistance from the insurance fund being considered by such board or committee and the board or committee may receive and consider the same; provided that any participant in a meeting of the governing board or executive committee held pursuant to Article VI(d) of the compact shall be entitled to know the substance of any such information and recommendations, at the time of the meeting if made prior thereto, or as a part thereof or, if made thereafter, no later than the time at which the governing board or executive committee makes its disposition of the application.

Article VIII

Relations with Nonparty Jurisdictions


(a) A party state may make application for assistance from the insurance fund in respect of a pest in a nonparty state. Such application shall be considered and disposed of by the governing board or executive committee in the same manner as an application with respect to a pest within a party state, except as provided in this Article.
(b) At or in connection with any meeting of the governing board or executive committee held pursuant to Article VI(d) of this compact a nonparty state shall be entitled to appear, participate, and receive information only to such extent as the governing board or executive committee may provide. A nonparty state shall not be entitled to review any determination made by the executive committee.
(c) The governing board or executive committee shall authorize expenditures from the insurance fund to be made in a nonparty state only after determining that the conditions in such state and the value of such expenditures to the party states as a whole justify them. The governing board or executive committee may set any conditions which it deems appropriate with respect to the expenditure of moneys from the insurance fund in a nonparty state and may enter into such agreement or agreements with nonparty states and other jurisdictions or entities as it may deem necessary or appropriate to protect the interests of the insurance fund with respect to expenditures and activities outside of party states.

Article IX

Finance


(a) The insurance fund shall submit to the executive head or designated officer or officers of each party state a budget for the insurance fund for such period as may be required by the laws of that party state for presentation to the legislature thereof.
(b) Each of the budgets shall contain specific recommendations of the amount or amounts to be appropriated by each of the party states. The requests for appropriations shall be apportioned among the party states as follows: 1/10 of the total budget in equal shares and the remainder in proportion to the value of agricultural and forest crops and products, excluding animals and animal products, produced in each party state. In determining the value of such crops and products the insurance fund may employ such source or sources of information as in its judgment present the most equitable and accurate comparisons among the party states. Each of the budgets and requests for appropriations shall indicate the source or sources used in obtaining information concerning the value of products.
(c) The financial assets of the insurance fund shall be maintained in 2 accounts to be designated respectively as the "Operating Account" and the "Claims Account". The operating account shall consist only of those assets necessary for the administration of the insurance fund during the next ensuing 2-year period. The claims account shall contain all moneys not included in the operating account and shall not exceed the amount reasonably estimated to be sufficient to pay all legitimate claims on the insurance fund for a period of 3 years. At any time when the claims account has reached its maximum limit or would reach its maximum limit by the addition of moneys requested for appropriation by the party states, the governing board shall reduce its budget requests on a pro rata basis in such manner as to keep the claims account within such maximum limit. Any moneys in the claims account by virtue of conditional donations, grants or gifts shall be included in calculations made pursuant to this paragraph only to the extent that such moneys are available to meet demands arising out of claims.
(d) The insurance fund shall not pledge the credit of any party state. The insurance fund may meet any of its obligations in whole or in part with moneys available to it under Article IV(g) of this compact, provided that the governing board takes specific action setting aside such moneys prior to incurring any obligation to be met in whole or in part in such manner. Except where the insurance fund makes use of moneys available to it under Article IV(g) hereof, the insurance fund shall not incur any obligation prior to the allotment of moneys by the party states adequate to meet the same.
(e) The insurance fund shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the insurance fund shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the insurance fund shall be audited yearly by a certified or licensed public accountant, and a report of the audit shall be included in and become part of the annual report of the insurance fund.
(f) The accounts of the insurance fund shall be open at any reasonable time for inspection by duly authorized officers of the party states and by any persons authorized by the insurance fund.

Article X

Entry Into Force and Withdrawal


(a) This compact shall enter into force when enacted into law by any 5 or more states. Thereafter, this compact shall become effective as to any other state upon its enactment thereof.
(b) Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until 2 years after the executive head of the withdrawing state has given notice in writing of the withdrawal to the executive heads of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

Article XI

Construction and Severability


This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating herein, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters.

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

Section 430:22

    430:22 Cooperation. – Consistent with law and within available appropriations, the departments, agencies and officers of this state may cooperate with the insurance fund established by the pest control compact.

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

Section 430:23

    430:23 Filing of Bylaws. – Pursuant to the provisions of Article IV(h) of the compact, copies of bylaws and amendments shall be filed with the secretary of state.

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

Section 430:24

    430:24 Compact Administrator. – The compact administrator for this state shall be the commissioner of agriculture, markets, and food. The duties of the compact administrator shall be a regular part of the duties of his office, and his expenses as compact administrator shall be a charge upon funds of the department of agriculture, markets, and food.

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

Section 430:25

    430:25 Application for Assistance. – Within the meaning of Article VI(b) or VIII(a), a request or application for assistance from the insurance fund may be made by the governor whenever in his judgment the conditions qualifying this state for such assistance exist and it would be in the best interest of this state to make such request.

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

Section 430:26

    430:26 Expenditures. – The department, agency or officer spending or becoming liable for an expenditure on account of a control or eradication program undertaken or intensified pursuant to the compact shall have credited to his account in the state treasury the amount or amounts of any payments made to this state to defray the cost of such a program, or any part thereof, or as reimbursement thereof.

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

Section 430:27

    430:27 Definitions of Terms. – As used in this compact with reference to this state, the term "executive head" means the governor.

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

Pesticides Controls

Section 430:28

    430:28 Declaration of Purpose. – The purpose of this subdivision is to recognize the benefits of chemical pesticides in the economy of the state when applied in a safe, scientific, and proper manner; to safeguard public health and welfare and public assets in the soils, waters, forests, wildlife, and other natural resources of the state by insuring proper application of chemical pesticides; to provide for the scientific measuring and monitoring of residual pesticides in the waters and other natural resources of the state, and to establish accurate records of pesticides use in the state without superceding controls presently in force.

Source. 1985, 72:1; 375:3, eff. July 1, 1985.

Section 430:29

    430:29 Definitions. –
In this subdivision:
I. "Active ingredient" means in the case of:
(a) A pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate insects, nematodes, fungi, rodents, weeds, or other pests;
(b) A plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of maturation or otherwise alter the behavior of ornamental or crop plants or the produce thereof;
(c) A defoliant, an ingredient which will cause the leaves or foliage to drop from a plant;
(d) A desiccant, an ingredient which will artificially accelerate the drying of plant tissue.
II. "Adulterated" means the state or condition of a pesticide where the strength or purity of the pesticide falls below the professed standard of quality as expressed on labeling under which it is sold, or where any substance has been substituted wholly or in part of the constituent of the pesticide as expressed on labeling under which it is sold, or where any valuable constituent of the article has been wholly or in part abstracted.
III. "Antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment.
IV. "Board" means the pesticide control board as established by this subdivision.
V. "Commercial application" means any application of pesticides by a commercial applicator.
VI. "Commercial applicator" means any individual, corporation, partnership, municipality, governmental entity, or other legal entity of any kind who uses or supervises the use of any pesticide, other than a private applicator as defined in paragraph XXIX of this section.
VII. "Commercial applicator for hire" means any commercial applicator who applies any pesticide on property of another for consideration.
VIII. "Commissioner" means the commissioner of agriculture, markets, and food.
IX. "Defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.
X. "Desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues.
XI. "Division" means the division of pesticide control as established within the department of agriculture, markets, and food.
XII. "Fungi" means all non-chlorophyll-bearing thallophytes (that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living man or other animals.
XIII. "Fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi.
XIII-a. "General use pesticide" means pesticides other than those classified or defined as restricted, state restricted use pesticide, prohibited or prohibited limited use, by the pesticide control board or the United States Environmental Protection Agency.
XIV. "Herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed.
XV. "Inert ingredient" means an ingredient which is not an active ingredient.
XVI. "Ingredient statement" means a statement of the name and percentage of each active ingredient, together with the total percentage of the inert ingredients, in the pesticide; and if the pesticide contains arsenic in any form, a statement of the percentages of total and water soluble arsenic, each calculated as elemental arsenic.
XVII. "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising 6-legged, usually winged forms, as, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than 6 legs, as, for example, spiders, mites, ticks, centipedes, and wood lice.
XVIII. "Insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects which may be present in any environment whatsoever.
XVIII-a. "Janitorial service contractor" means any person otherwise classified as a commercial applicator who provides janitorial services to clients, other than his or her immediate employer, on a contract or for hire basis.
XIX. "Label or labeling" means the written, printed, or graphic matter on, or attached to, the pesticide, or the immediate container thereof, and the outside container or wrapper of the retail package, if there is one, of the pesticide or written, printed or graphic matter which is incorporated into the label by reference.
XX. "Living unit" means an apartment or house for use by one family.
XXI. "Misbranded" shall apply to any pesticide:
(a) If its labeling bears any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular;
(b) If it is an imitation of or is offered for sale under the name of another pesticide;
(c) If the labeling accompanying it does not contain directions for use which are necessary for effecting the purpose for which the product is intended and, if complied with, together with any requirements imposed under section 3(d) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, are adequate to protect health and the environment;
(d) If the label does not contain a warning or caution statement which may be necessary and, if complied with together with any requirements imposed under section 3(d) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, would be adequate to protect health and the environment;
(e) If the label does not contain an ingredient statement on that part of the immediate container (and on the outside container and wrapper of the retail package, if there is one, through which the ingredient statement on the immediate container cannot be clearly read) which is presented or displayed under customary conditions of purchase; provided that the ingredient statement may appear prominently on another part of the container as permitted pursuant to section 2(q)(2)(A) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, if the size or form of the container makes it impracticable to place it on the part of the retail package which is presented or displayed under customary conditions of purchase;
(f) If any word, statement, or other information required by or under the authority hereof to appear on the labeling is not prominently placed thereon with such conspicuousness as compared with other words, statements, designs, or graphic matter in the labeling and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(g) If in the case of an insecticide, nematocide, fungicide, or herbicide, when used as directed or in accordance with commonly recognized practice, it shall be injurious to living man or other animals or vegetation, except weeds, to which it is applied, or to the person applying such pesticide; or
(h) In the case of a plant regulator, defoliant, or desiccant when used as directed it shall be injurious to living man or other animals, or vegetation to which it is applied, or to the person applying such pesticides; provided, that physical or physiological effects on plants or parts thereof shall not be deemed to be injury, when this is the purpose for which the plant regulator, defoliant, or desiccant was applied, in accordance with the label claims and recommendations.
XXII. "Nematode" means invertebrate animals of the phylum nemathelminthes and class Nematoda, that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle, and inhabiting soil, water, plants, or plant parts; may also be called nemas or eelworms.
XXIII. "Nematocide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating nematodes.
XXIV. "Person" means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons whether incorporated or not, and every officer, agent or employee thereof. This term shall import either the singular or plural as the case may be.
XXV. "Pest" means any plant, insect, rodent, fungi, animal, weed, other forms of plant or animal life, or virus, bacteria, or other microorganism (except viruses, bacteria, or other micro-organisms on or in living man or other living animals) which exists in a place where it is not wanted, or in a quantity not wanted.
XXVI. "Pesticide" means:
(a) Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest; and
(b) Any chemical or biological agent, or substance or mixture of substances of such agents, intended to control a pest or for use as a plant regulator, defoliant, or desiccant.
XXVII. "Pesticide dealer" means any person who is engaged in the business of distributing, selling, offering for sale, or holding for sale restricted use pesticides or state restricted use pesticides or any other pesticides for distribution directly to users. Exempt from the term "Pesticide dealer" are those persons whose sales are limited to pesticides in consumer sized packages which are labeled and intended for home and garden use only. This exemption does not apply to any person selling restricted use pesticides or state restricted use pesticides.
XXVIII. "Plant regulator" means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of plants or the produce thereof, but shall not include substances to the extent that they are intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, and soil amendments. "Plant regulator" shall not be required to include any of such of those nutrient mixtures or soil amendments as are commonly known as vitamin-hormone horticultural products intended for improvement, maintenance, survival, health, and propagation of plants, and as are not for pest destruction and are nontoxic, nonpoisonous in the undiluted packaged concentration.
XXIX. "Private applicator" means an individual who uses or supervises the use of any pesticides for the purpose of producing any agricultural commodity on property owned or rented by him or his employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person.
XXX. "Registrant" means the person registering any pesticide pursuant to the provisions of this subdivision.
XXXI. "Restricted use pesticide" means any pesticide or pesticide use which has been classified for restricted use by the administrator of the United States Environmental Protection Agency or by the board pursuant to this subdivision.
XXXII. "Rodenticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrate animal which the division shall declare to be a pest.
XXXII-a. "Specialty/household pesticide" means any disinfectant, sanitizer, germicide, biocide, and any pesticide labeled for use directly on humans or pets (including dogs, cats, horses, and other companion animals). This category also includes any other pesticides labeled for use in areas in or around household premises.
XXXIII. "State restricted use pesticides" means any pesticide or pesticide use classified for restricted use by the pesticide control board.
XXXIV. "Weed" means any plant which grows where not wanted.

Source. 1985, 72:1; 375:3. 1987, 164:1, 2. 1994, 24:1. 1995, 130:4, 5; 308:54, eff. July 1, 1995.

Section 430:30

    430:30 Pesticide Control Board. –
I. A pesticide control board is established to consist of 13 members appointed by the governor with consent of the council, as follows:
(a) The commissioner of agriculture, markets, and food.
(b) The commissioner of the department of health and human services, or designee.
(c) The commissioner of the department of natural and cultural resources, or designee.
(d) The executive director of the department of fish and game, or designee.
(e) The commissioner of the department of environmental services, or designee.
(f) The state entomologist.
(g) A licensed physician representing the public interest.
(h) A person who possesses an advanced degree in one of the biological sciences representing the public interest.
(i) A licensed or permitted pesticide applicator.
(j) One person from a slate of 3 persons presented by the New Hampshire Horticultural Industries Council.
(k) Two persons representing the public interest who are not affiliated with the manufacture or distribution of pesticides and who are neither commercial nor private applicators as defined in this subdivision, and who do not otherwise fall within categories (a) through (j).
(l) One person representing municipal interests, appointed by the governor from 3 candidates nominated by the New Hampshire Municipal Association.
II. The term shall be 3 years except that of the original appointees under (f) through (j), 2 shall serve a 3-year term, 2 shall serve a 2-year term, and 2 shall serve a one-year term.
III. The board shall select its own chairman to serve a term of 3 years. All members shall be New Hampshire residents. The members representing the public interest shall not have any official or contractual relationship with, or receive any significant portion of their income from, any person subject to division permits or enforcement orders. Members shall disclose all potential conflicts of interest, and shall not vote on matters in which they have a direct interest. The board may elect other officers.
IV. The board shall meet 4 times annually, and from time to time at the call of the chairman or upon the request of any 4 members. Seven members shall constitute a quorum.
V. Members are not entitled to compensation for their services but may receive reimbursement for their necessary traveling and other expenses while engaged in actual work of the board, and shall be paid from moneys appropriated for the purpose of this subdivision.

Source. 1985, 72:1; 375:3. 1986, 202:6, I(a). 1994, 380:1, 2. 1995, 130:5; 310:182, eff. Nov. 1, 1995. 2005, 215:3, eff. July 1, 2005. 2017, 156:14, I, eff. July 1, 2017.

Section 430:31

    430:31 Board Responsibility and Authority. –
The board shall:
I. Establish policies and goals relative to the sale and use of pesticides.
II. Hold hearings concerned with rulemaking where required by RSA 541-A:11. The board may, in its discretion, hold hearings, issue notices of hearings, and take testimony in situations where a person may be aggrieved by a decision of the division concerning the issuance of permits and certificates of registration, administrative penalties levied pursuant to RSA 430:42, VII and RSA 430:45, III, and the issuance of orders pursuant to RSA 430:42, II and V.
II-a. Receive and address requests from any member of the public for a hearing before the board.
III. Receive and allocate federal grants and other funds or gifts for the purpose of carrying out any of the functions of this subdivision.
IV. Adopt rules under RSA 541-A with concurrence from the division of pesticide control after public hearing relative to:
(a) The time, the place, and the conditions under which pesticides may be used in different areas of the state if the board finds that such pesticides may be injurious to persons, animals, or crops, other than the pest or vegetation which it is intended to destroy, and may provide that pesticides shall be used only under permit of the board.
(b) The conditions and designation of the vicinities for aircraft application of pesticides.
(c) An annual permit authorizing the repeated commercial applications of pesticides under a contract calling for applications of pesticides by several crews either at the same or different times, subject to the initial approval by the division of the methods and materials used. An example of this is the application of pesticides to a high tension electric line right of way.
(d) Development and administration of a state plan for certification of pesticide applicators pursuant to section 4(a)(2) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended.
(e) Restrictions or prohibitions pertaining to the sale or use, or both, by commercial applicators or any other person of pesticides which the board finds to be injurious or reasonably likely to be injurious to man or other living things other than those the pesticides are intended to control.
(f) The types of commercial establishments where particular pesticides may be sold.
(g) Conditions and procedures under which a public hearing shall be held prior to consideration of a request for a special permit for the aerial application of pesticides in residential neighborhoods.
(h) Establishing standards for the packages, containers, and wrappers of pesticides registered for local needs. Such rules shall be consistent with the regulations promulgated by the United States Environmental Protection Agency pursuant to section 25(c)(3) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended.
(i) The collection, examination, and reporting of samples of pesticides.
(j) The safe handling, transportation, and disposal of pesticides and their containers.
(k) Labeling requirements of all pesticides required to be registered under the provisions of this subdivision; provided that such rules shall not impose any requirements for federally registered labels in addition to or different from those required pursuant to the Federal Insecticide, Fungicide and Rodenticide Act, as amended.
(l) Determining which pesticides with restricted uses or state restricted uses be distributed only by licensed pesticide dealers.
(m) Procedures for the appeal process provided under RSA 430:44.
(n) Criteria for eligibility for, and the limits on the use of, certificates of registration for commercial applicators, private applicators, and commercial applicators for hire.
(o) Means to determine competency and ability of applicators to use pesticides in accordance with standards of the board.
(p) Amounts of financial responsibility required of pesticide applicators, recordkeeping requirements and any other conditions that the board may require relative to criteria for licensing or issuance of permits, or renewal of said documents.
(q) Development and administration of a state plan concerning the regulation of pesticide products for special local needs, pursuant to section 24(c) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended.
(r) Information required in support of requests to register pesticides.
(s) Requirements necessary for the state plan to receive authorization from the United States Environmental Protection Agency to issue experimental use permits.
(t) Limit or prohibit the use of any pesticide for which an experimental use permit has been issued by the United States Environmental Protection Agency pursuant to section 5(a) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, and which the board finds may cause unreasonable adverse effects on the environment.
(u) The coloration, or discoloration of pesticides to protect the public health.
(v) In order to avoid confusion endangering the public health, resulting from diverse requirements, particularly as to the labeling and coloring of economic poisons, to avoid increased costs to the people of this state due to the necessity of complying with such diverse requirements in the manufacture and sale of such poisons, and to secure uniformity between the requirements of the several states and the federal government relating to such poisons, after due public hearing, to adopt by rule such regulations applicable to and in conformity with the primary standards established by this subdivision, as have been or may be prescribed by the United States Environmental Protection Agency with respect to pesticides.
(w) The rules required by RSA 430:33; RSA 430:34; RSA 430:35; RSA 430:39 and RSA 430:41.
(x) Development and administration of state management plans to protect groundwater from pesticide contamination, for pesticides that are classified as general use, restricted-use, or both under the federal Insecticide, Fungicide, and Rodenticide Act section 3(d)(1)(C)(ii) subject to restrictions under United States Environmental Protection Agency approved management plans funded through the fund established in RSA 430:34, V.
(y) The issuance of any order by the division pursuant to RSA 430:42, II concerning a violation of any provision of this subdivision or violation of any permit or certificate of registration issued under this subdivision.
V. Advise the commissioner of agriculture, markets, and food with respect to the administration and enforcement of this chapter.
VI. File a report annually with the senate president and speaker of the house of representatives, for distribution to all state legislators, regarding the policies and goals of the board and the enforcement of this subdivision.

Source. 1985, 72:1; 375:3. 1987, 164:3. 1991, 303:3. 1994, 24:2; 327:1; 380:3; 412:50. 1995, 130:5. 1997, 140:1, eff. June 9, 1997. 2004, 215:2, eff. Aug. 10, 2004. 2006, 326:2, eff. Aug. 25, 2006.

Section 430:31-a

    430:31-a Repealed by 1997, 101:1, eff. Aug. 3, 1997. –

Section 430:31-b

    430:31-b Pesticides Training Program. –
I. The commissioner of the department of agriculture, markets, and food shall establish a pesticides training program. The purpose of the program is to provide educational assistance to commercial pesticide applicators, pesticide dealers, registrants, producers, sellers, and any other person, other than private applicators, whose activities are governed by the pesticides controls provisions set forth in this chapter and in administrative rules of the pesticides control board. The goal of this program is to ensure that pesticides are being handled in the most judicious and efficacious manner such that they shall provide the greatest benefits while posing the least risks to the citizens of New Hampshire. This shall be accomplished through education of persons who use, sell, distribute, or otherwise handle pesticides commercially, in matters pertaining to rules and regulations, new pesticides, advances in equipment and handling techniques, best management practices, integrated pest management (IPM), and other such subject areas deemed applicable to the stated goal of the program. The program shall also serve to expand the venue and increase the number of recertification training sessions that are available to certified pesticide applicators.
II. There is established a continually appropriated non-lapsing fund to be known as the pesticides training program fund. The commissioner shall have authority to establish, by rules adopted under RSA 541-A, and collect, fees for participation in and use of the program established in RSA 430:31-b, I. All revenues generated from the pesticides training program shall be deposited in the fund. The fund shall only be used to support the purposes of the pesticides training program. The state treasurer may invest moneys in the fund as provided by law and all interest received on such investment shall be credited to the fund. The commissioner shall be authorized to accept grants, gifts, and donations from any public or private sources for deposit in the fund.
III. The department of agriculture, markets, and food shall, within its biennial report pursuant to RSA 20:7, submit a report to the speaker of the house, president of the senate, and the governor and council which shall include, but not be limited to, training and educational programs offered or contracted by the division of pesticide control under the training program established by paragraph I of this section, the revenue generated from the program under paragraph II of this section, and the budget and revenue projections of the division.
IV. In addition to or in conjunction with the operating budget of the department of agriculture, markets and food, the department shall submit a budget for the biennium beginning July 1, 2003, and for each biennium thereafter, which shall include financial responsibility for and the costs of all training and educational programs offered or contracted by the division of pesticide control, the development of technological advancements in division programs, the revenue generated from the pesticides training program, and all revenues and expenditures of the dedicated fund established in paragraph II of this section.

Source. 2001, 167:1, eff. July 1, 2001. 2015, 259:24, eff. July 1, 2015.

Section 430:32

    430:32 Division Established. – There is hereby established the division of pesticide control within the department of agriculture, markets, and food which shall administer and enforce this subdivision under the direction of the commissioner of agriculture, markets, and food.

Source. 1985, 72:1; 375:3. 1995, 130:4, 5, eff. July 23, 1995.

Section 430:33

    430:33 Registration Certificates and Permits. –
I. No person shall engage in the commercial application of pesticides or in the private application of restricted pesticides within this state without possessing a valid certificate of registration issued by the division. An annual application for a certificate of registration with a fee of $20 shall be collected by the division for each commercial or private applicator registration, except that no fee shall be collected from any nonprofit entity or from any governmental entity. The board shall by rule establish the criteria for eligibility for, and the limits on the use of, certificates of registration for commercial applicator, private applicator, and commercial applicator for hire. Each application for registration shall contain such information regarding the applicant's qualifications and proposed operations and other relevant matters as the division may require. Every person applying for a registration certificate shall be required to demonstrate by examination, or by such other means as the board by rule may establish, his competency and ability to use pesticides in accordance with standards of the board. The division shall require from each applicant proof of financial responsibility in amounts to be determined under rules adopted by the board. Registered applicators shall maintain routine operational records pursuant to the rules of the board, which records shall be open to inspection at reasonable times by the division or its agents. Operational records for the preceding calendar year shall be submitted by an applicant for renewal of a certificate of registration. Upon submission of such records and satisfaction of such other conditions as the board may by rule impose, the division shall renew a certificate of registration.
II. No person, other than a commercial applicator, shall apply pesticides in this state without first obtaining a written permit from the division except as provided in RSA 430:46. An annual application for a permit with a fee of $20 shall be collected by the division for each permit, except that no fee shall be collected from any nonprofit entity or from any governmental entity. The division shall require each applicant for a permit to demonstrate, by examination or other procedure prescribed by the board in rules, the applicant's competence and ability to use pesticides in accordance with standards of the board. Permit holders shall maintain routine operational records pursuant to rules of the board, which records shall be open to inspection at reasonable times by the division or its agents. Operational records for the preceding calendar year shall be submitted to the division by an applicant for renewal of a permit. Upon submission of such records and satisfaction of such other conditions as the board may by rule impose, the division shall renew a permit.
III. The division, after opportunity for a hearing, may suspend any certificate of registration or permit. After opportunity for a hearing, the division may revoke or modify the provisions of any certificate of registration or permit issued under this subdivision, if it finds that the holder is no longer qualified, has engaged in fraudulent business practices in the application of pesticides, or has made any application in a careless, or negligent manner, or has violated any of the provisions of this subdivision or rules of the board or any orders issued under this subdivision, or has been convicted or is subject to a final order imposing a civil penalty under section 14 of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, or under this subdivision.

Source. 1985, 72:1; 375:3. 1994, 313:1, eff. Jan. 1, 1995. 2004, 215:1, eff. Aug. 10, 2004.

Section 430:34

    430:34 Application for Registration and Permits. –
I. Annual certificates of registration or permits may be issued and fees shall be collected by the division.
II. Applications for registration and permits shall be on a form prescribed by the division and shall include the following:
(a) The full name and address of the person applying for the registration or permit.
(b) If the applicant is an individual, receiver, trustee, firm, partnership, association, corporation, or other organized group of persons whether or not incorporated, the full name of each member of the firm or partnership, or the names of the officers of the association, corporation, or group, and the name of the person or persons charged with the responsibility for the application of pesticides.
(c) The name and address of a person whose domicile is in the state, and who is authorized to receive and accept services of summonses and legal notice of all kinds for the applicant.
(d) The type (ground or air) of any apparatus used by the applicant to apply pesticides.
(e) Any other information prescribed by the division.
III. Each application for initial examination of a commercial or private applicator shall be accompanied by an examination fee of $5 for each category or commodity group in which such examination is requested. When an applicator has been examined by the division and found not qualified, the applicant shall be re-examined at a subsequent date in accordance with rules adopted by the board, provided that each application for re-examination shall be accompanied by a re-examination fee of $5 for each category or commodity group in which re-examination is requested. A separate application and re-examination fee shall be filed by the applicant each time a re-examination is requested.
IV. One member of each crew operating a piece of equipment as a commercial applicator must be registered as required under this subdivision. Any application of pesticides by a commercial applicator or person requiring a permit must be by or under the direct supervision of an individual who has satisfied the examination requirement of RSA 430:33, I or the examination or other competence verification requirement of RSA 430:33, II.
V. Fees collected from applicants for registration as commercial or private applicators under this subdivision constitute a special pesticides control fund which does not lapse but may be used at any time to carry out the provisions of this subdivision.

Source. 1985, 72:1; 375:3. 1994, 313:2, 3, eff. Jan. 1, 1995.

Section 430:34-a

    430:34-a Notification of Aerial Pesticide Application. –
I. No person shall make an aerial application of pesticides without prior written approval from the division. The approval process shall be governed by rules adopted by the board pursuant to RSA 430:31, IV(b).
II. If the proposed treatment area is in a residential area, or if residential, commercial, or institutional buildings are located within 200 feet of the proposed treatment area, a written notice of all aerial pesticide applications shall be submitted in person to all persons owning property and other persons using commercial, institutional or residential buildings within the treatment area or 200 feet of the intended treatment area at least 14 days but not more than 60 days before the commencement of the intended spray applications. The notice shall contain the following information:
(a) Description of the treatment area sufficient to inform people who may be in the vicinity.
(b) Name of the person who contracts for the applications or such person's representative or the applicator and the address and telephone number to contact for more specific information about the intended application.
(c) Intended purpose of the pesticide application.
(d) Pesticides to be used.
(e) Date or reasonable range of dates on which applications are proposed to take place.
(f) Telephone number of the New Hampshire department of agriculture, markets, and food, division of pesticide control.
(g) Telephone number of the New Hampshire Poison Control Center.
(h) Public precautions which appear on the pesticide label.
III. For absentee property owners notice by certified mail, return receipt requested, to the address listed in the town tax record shall be sufficient notice.

Source. 1994, 235:1. 1995, 130:4, eff. July 23, 1995.

Section 430:35

    430:35 Pesticide Dealer License. –
I. No person shall act in the capacity of a pesticide dealer or shall engage in the business of, advertise as, or assume to act as a pesticide dealer unless he has obtained an annual license from the division, which shall expire on December 31 of each year. A license shall be required for each location or outlet from which such pesticides are distributed, sold, held for sale, or offered for sale.
II. Application for a license shall be accompanied by a $20 annual license fee. Dealer applications for renewal received beyond the December 31 deadline shall be subject to a $10 late registration fee. Application for a license shall be on a form prescribed by the division and shall include the full name of the person applying for such license. If such applicant is an individual, receiver, trustee, firm, partnership, association or corporation, the full name of each member of the firm or partnership or the names of the officers of the association or corporation shall be given on the application. Such application shall further state the principal business address of the applicant in the state and elsewhere and the name of a person domiciled in this state authorized to receive and accept service of summons of legal notices of all kinds for the applicant, and any other necessary information prescribed by the division; provided that the provisions of this section shall not apply to a pesticide applicator who sells pesticides only as an integral part of his pesticide application service when such pesticides are dispensed only through apparatuses used for such pesticide application; provided, further, that the provisions of this section shall not apply to any federal, state, or county agency which provides pesticides for their own programs.
III. Each applicant shall satisfy the division as to his knowledge of the laws and rules governing the use and sale of pesticides and his responsibility in carrying on the business of a pesticide dealer through examination. In addition, each employee or agent of a pesticide dealer who sells or recommends restricted-use pesticides or state restricted-use pesticides shall obtain a pesticide dealer license. Each application for initial examination for a dealer license shall be accompanied by an examination fee of $5. When an applicant has been examined by the division and found not qualified, the applicant shall be re-examined at a subsequent date in accordance with rules adopted by the board, provided that each application for re-examination shall be accompanied by a fee of $5.
IV. Each pesticide dealer shall be responsible for the acts of each person employed by him in the solicitation and sale of pesticides and all claims and recommendations for use of pesticides. The dealer's license shall be subject to denial, suspension, or revocation after a hearing for any violation of this subdivision, whether committed by the dealer, or by the dealer's officer, agent, or employee.
V. Every licensed pesticide dealer who changes his address or place of business shall immediately notify the division.

Source. 1985, 72:1; 375:3, eff. July 1, 1985.

Section 430:36

    430:36 Pesticide Product Registration. – Every pesticide which is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered in the office of the division of pesticide control, and such registration shall be renewed annually; provided that products which have the same formula, are manufactured by the same person, the labeling of which contains the same claims, and the labels of which bear a designation identifying the product as the same pesticide may be registered as a single pesticide; and additional names and labels shall be added by supplemental statements during the current period of registration.

Source. 1985, 72:1; 375:3, eff. July 1, 1985.

Section 430:37

    430:37 Exception. –
Notwithstanding any other provisions of this subdivision, registration is not required:
I. In the case of a pesticide shipped from one plant within this state to another plant within this state operated by the same person and used solely at such plant as a constituent part to make a pesticide which is registered under this subdivision or distributed under the provisions of an experimental use permit issued under this subdivision or by the United States Environmental Protection Agency.
II. For nematodes and beneficial insects used as biological control agents, and which are also exempt from regulation by the United States Environmental Protection Agency under 40 CFR chapter 1, subpart B, section 152.20, provided that such nematodes and beneficial insects are under a permit issued by the United States Department of Agriculture pursuant to 7 CFR 330.

Source. 1985, 72:1; 375:3. 1998, 97:1, eff. July 19, 1998.

Section 430:38

    430:38 Statement Required. –
I. The registrant shall file with the division a statement including:
(a) The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant;
(b) The name of the pesticide;
(c) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it, including directions for use; and
(d) If requested by the division, a full description of the tests made and the results thereof upon which the claims are based.
II. In the case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the pesticide was registered or last re-registered.
III. (a) The registrant shall pay an annual fee for each pesticide registered as follows:
(1) A restricted use pesticide.
(2) A general use pesticide, other than a specialty/household pesticide.
(3) A specialty/household pesticide.
(b) The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the amount of the fees charged under subparagraph (a). Until such rules are adopted, the fees under subparagraph (a) shall be the same as the fees which were in effect on June 30, 2015.
IV. The division, when deemed necessary in the administration of this subdivision, may require the submission of the complete formula of any pesticide including the active and inert ingredients.
V. The board may prescribe any other necessary information by rule.
VI. If it appears to the division that the composition of the article is such as to warrant the proposed claims for it and if it appears that the pesticide would not cause unreasonable adverse effects on the environment, and if the registrant has complied with all other provisions of this subdivision, the division shall register the pesticide.
VII. If the division determines that any federally registered pesticide with respect to the use of such pesticide within this state,
(a) Does not warrant the claims for it, or
(b) If the pesticide would cause unreasonable adverse effects on the environment, the division may refuse to register the pesticide or if the pesticide is registered under this subdivision, the registration may be cancelled or suspended as otherwise provided by this subdivision.
VIII. No article shall be deemed in violation hereof when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser. If not so exported, the provisions shall apply.

Source. 1985, 72:1; 375:3. 1987, 163:1. 1995, 308:55, eff. July 1, 1995. 2005, 215:1, eff. July 1, 2005. 2010, 83:1, eff. July 1, 2010. 2015, 229:22, eff. July 1, 2015.

Section 430:39

    430:39 Special Local Needs Registrations. –
I. Provided the state is certified by the administrator of the United States Environmental Protection Agency, if required, to register pesticides to meet special local needs pursuant to section 24(c) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, the division shall require the information set forth in RSA 430:38 and shall, subject to the terms and conditions of the United States Environmental Protection Agency certification, register such pesticide if it is determined that:
(a) Its composition is such as to warrant the proposed claims for it;
(b) Its labeling and other material required to be submitted comply with the requirements of this subdivision;
(c) It will perform its intended function without unreasonable adverse effects on the environment;
(d) When used in accordance with widespread and commonly recognized practice it will not cause unreasonable adverse effects on the environment; and
(e) A special local need exists; provided that, prior to registering a pesticide for a special local need, the board shall classify the uses of the pesticide for general or restricted use in conformity with section 3(d) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, and regulations promulgated pursuant thereto; provided, further, that the division shall not make any lack of essentiality a criterion for denying registration of any pesticide. If 2 pesticides meet the requirements of this paragraph, one may not be registered in preference to the other.
II. The board may develop and adopt such other requirements by rules as are necessary for the state plan to receive certification from the United States Environmental Protection Agency.
III. Provided the state is certified by the administrator of the United States Environmental Protection Agency, if required, to register pesticides formulated to meet special local needs, the division shall consider the following for refusal to register, for suspension, for cancellation, or for legal recourse for such pesticides:
(a) If it appears to the division that an application for registration cannot be granted pursuant to paragraphs I and II, and any rules adopted thereunder, the applicant shall be notified of the manner in which the pesticide, labeling, or other material required to be submitted fails to comply with this subdivision or any rules thereunder, so as to afford the applicant an opportunity to make the necessary corrections. If, upon receipt of such notice the applicant does not make the required changes, the division may refuse to register the pesticide. The applicant may request a hearing as otherwise provided in this subdivision.
(b) If the division determines that a pesticide or its label does not comply with this subdivision or the rules adopted thereunder, or when necessary to prevent unreasonable adverse effects on the environment, they may cancel the registration of a pesticide or change the classification of a pesticide, after a hearing in accordance with this subdivision.
(c) If the division determines that there is an imminent hazard, they may, on their own motion, suspend the registration of a pesticide in conformance with RSA 541-A, the administrative procedure act. Hearings shall be held as soon as practicable.
(d) Any person who may be adversely affected by any order issued pursuant to this section may obtain judicial review thereunder by filing in the superior court, within 60 days after the entry of such order, a petition praying that the order be set aside in whole or in part. A copy of the petition shall be forthwith transmitted by the clerk of the court to the division and thereupon the division shall file in the court the record of the proceedings on which they based their order. The court shall have jurisdiction to affirm or set aside the order complained of in whole or in part. The findings of the division with respect to questions of fact shall be sustained if supported by substantial evidence when considered on the record as a whole. Upon application, the court may remand the matter to the division to make further testimony if there are unreasonable grounds for the failure to adduce such evidence in the prior hearing. The division may modify their findings and their order by reason of the additional evidence so taken and shall file the additional record and any modification of the findings or order with the clerk of the court.

Source. 1985, 72:1; 375:3, eff. July 1, 1985.

Section 430:40

    430:40 Experimental Use Permits. –
Provided the state is authorized by the administrator of the United States Environmental Protection Agency to issue experimental use permits and subject to the terms and conditions of such authorization, the division may:
I. Issue an experimental use permit to any person applying for such permit if determined that the applicant needs such permit in order to accumulate information necessary to register a pesticide for special local needs under RSA 430:39. An application for an experimental use permit may be filed at the time of or before or after an application for registration is filed.
II. Refuse to issue an experimental use permit if determined that issuance of such permit is not warranted or that the pesticide applications that would be made under the proposed terms and conditions may cause unreasonable adverse effects on the environment.
III. Prescribe terms, conditions, and a period of time for the experimental use permit, which shall be under supervision of the division.
IV. Revoke or modify any experimental use permit, at any time, if it is found that its terms or conditions are being violated or that its terms or conditions are inadequate to avoid adverse unreasonable effects on the environment.

Source. 1985, 72:1; 375:3, eff. July 1, 1985.

Section 430:41

    430:41 Prohibited Acts. –
I. It shall be unlawful for any person to distribute, sell, or offer for sale within this state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following:
(a) Any pesticide which has not been registered pursuant to the provisions of RSA 430:36, or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration; provided that, in the discretion of the division, a change in the labeling or formula of pesticide may be made within a registration period without requiring re-registration of the product.
(b) Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail package, if there is one, through which the required information on the immediate container cannot be clearly read, a label bearing:
(1) The name and address of the manufacturer, registrant, or person for whom manufactured;
(2) The name, brand, or trademark under which said article is sold; and
(3) The net weight or measure of the contents, subject, however, to such reasonable variations as the division may permit.
(c) Any pesticide which contains any substance in quantities highly toxic to man, determined as provided in RSA 430:31, unless the label shall bear, in addition to any other matter required hereby,
(1) The skull and crossbones;
(2) The word "poison" prominently, in red, on a background of distinctly contrasting color; and
(3) A statement of an antidote for the pesticide.
(d) The pesticides commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate, or barium fluosilicate unless they have been distinctly colored or discolored as provided by rules adopted under RSA 541-A, or any other white powder pesticide which the board, after investigation of and after public hearing on the necessity for such action for the protection of the public health and the feasibility of such coloration or discoloration, shall, by rule, require to be distinctly colored or discolored, unless it has been so colored or discolored; provided that the division may exempt any pesticide to the extent that it is intended for a particular use or uses from the coloring or discoloring required or authorized by this section if it is determined that such coloring or discoloring for such use or uses is not necessary for the protection of the public health; provided further that all rules adopted pursuant to this paragraph shall be consistent with the regulations promulgated by the United States Environmental Protection Agency with respect to discoloration or coloration of pesticides.
(e) Any pesticide which is adulterated or misbranded.
II. It shall be unlawful for any person to detach, alter, deface, or destroy in whole or in part, any label or labeling provided for herein, or rules adopted hereunder, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose hereof.
III. It shall be unlawful for any person to use for his own advantage or to reveal, other than to the division or proper officials or employees of the state or of the United States or to the courts of this state or the United States in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons, for use in the preparation of antidotes, any information relative to formulas of products acquired by authority hereof.
IV. It shall be unlawful for any person to handle, transport, store, display, or distribute pesticides in such a manner as to endanger man and his environment or to endanger food, feed, or any other products that may be transported, stored, displayed, or distributed with such pesticides.
V. It shall be unlawful for any person to dispose of, discard, or store any pesticides or pesticide containers in such a manner as may cause injury to humans, vegetation, crops, livestock, wildlife, pollinating insects or to pollute any water supply or waterway.

Source. 1985, 72:1; 375:3, eff. July 1, 1985.

Section 430:42

    430:42 Administration and Enforcement. –
I. The commissioner through the division shall be responsible for and shall arrange for the administration and enforcement of the provisions of this subdivision and the administrative rules of the board.
II. The division may issue an order to any person in violation of any provision of this subdivision, a permit or certificate of registration issued under this subdivision, or a rule adopted under this subdivision, to cease and desist from any act in violation of such provision, the permit or certificate of registration, or the rule. Orders of the division issued under this section shall be effective immediately. Any person to whom an order is directed shall immediately comply, but may appeal the order to the board in accordance with the provisions of this subdivision.
III. The division is authorized to examine any pesticide for the purpose of determining whether it complies with the registration requirements set forth in RSA 430:36, RSA 430:37, and RSA 430:38.
IV. The division may hold hearings concerned with the issuance of permits and certificates of registration, and the enforcement of these and any other provisions under this subdivision.
V. The division may issue written "stop sale, use or removal" orders upon the owner or custodian of any pesticide or device when it is believed that such pesticide or device is being distributed in violation of any of the provisions of this subdivision, or of any of the prescribed rules under this subdivision. The pesticide or device shall not be sold, used or removed until the provisions of this subdivision have been complied with and the pesticide or device has been released by the division or the violation has been otherwise disposed of as provided in this subdivision by a court of competent jurisdiction.
VI. The division may seize for forfeiture any pesticide that is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state which shall be liable to be proceeded against in any court in any county of the state where it may be found as provided by RSA 617:
(a) If it is adulterated or misbranded;
(b) If it has not been registered under the provisions of paragraph III; and
(c) If it fails to bear on its label the information required by this subdivision.
VII. The division may impose administrative fines, pursuant to RSA 430:45, III, in the enforcement of this subdivision, according to procedures set forth in RSA 541-A.

Source. 1985, 72:1; 375:3, eff. July 1, 1985.

Section 430:43

    430:43 Inspections; Authority to Enter Premises. –
Notwithstanding any other provisions of this subdivision, the division, or its duly authorized agents has the authority to enter upon any public or private premises at reasonable times for the purpose of determining compliance with this subdivision, rules adopted by the board pursuant to this subdivision or any certificate of registration or permit issued by the division, to:
I. Inspect the property when necessary before issuing a certificate of registration or permit for the application of a pesticide on the property and to observe the surrounding areas;
II. Inspect aircraft and ground equipment used or to be used for the application of pesticides;
III. Inspect crops, animals, or other property actually or reported to be exposed to pesticides;
IV. Inspect any area or building where the division has reason to believe pesticides are stored or disposed of;
V. Inspect and copy any records, information, invoices, or other pertinent documents related to pesticide storage, use and distribution;
VI. Inspect and obtain samples including:
(a) Samples from containers, vehicles or equipment which the division has reason to believe contain pesticides;
(b) Samples of soil, water and other substances which the division has reason to believe were exposed to pesticides;
(c) Samples in conjunction with management plans to protect groundwater from pesticide contamination, including soil, surface waters, monitoring wells, and other wells;
VII. Inspect any area or building where pesticides are being or have been distributed, sold, offered for sale or used;
VIII. Issue orders and seize pesticides as authorized in RSA 430:42.

Source. 1985, 72:1; 375:3. 1997, 140:2, eff. June 9, 1997.

Section 430:44

    430:44 Appeals. –
I. Any person aggrieved by any order or decision of the division may appeal to the board for a review of such order or decision.
II. The board may affirm, deny, or modify the order of the division of pesticide control.
III. Rehearings and appeals from any decision of the board shall be in accordance with RSA 541.

Source. 1985, 72:1; 375:3, eff. July 1, 1985.

Section 430:45

    430:45 Penalties. –
I. Any person who violates any of the provisions of this subdivision or rules of the board or an order issued under this subdivision or who falsifies any records required to be kept pursuant to this subdivision, or who obtains a certification or permit on the basis of a misrepresentation of material fact 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 or order issued under this subdivision shall, in addition, be liable for a civil forfeiture not to exceed $5,000 for each such violation, or 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. The proceeds of any such forfeiture shall be utilized in the enforcement of this subdivision, for pesticide control research or to remedy damage to the resources of the state caused by unlawful pesticide use and application.
III. Any person who violates any provision of this subdivision, or any rule or order of the division may be subject to the imposition of an administrative fine levied by the division, not to exceed $1,000 for each violation.

Source. 1985, 72:1; 375:3, eff. July 1, 1985.

Section 430:46

    430:46 Exemptions. –
I. The following types of application of pesticides are exempt from the requirements of RSA 430:33:
(a) While engaged in research or experimental work for or under the direction of the state department of agriculture, markets, and food, United States Department of Agriculture or the university of New Hampshire agriculture experiment station, except that these users shall keep records of pesticides used by them in a manner required by other users of pesticides under this subdivision, and except that no pesticide which is classified for use only by certified applicators pursuant to section 3(d) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, may be used pursuant to this paragraph.
(b) The application of pesticides within, around, under, or in the immediate vicinity of a living unit by the occupant thereof, providing crops raised therein or thereon are not offered for sale; provided, however, that no pesticide, the sale or use of which in the state is prohibited or restricted by the board, or by the United States Environmental Protection Agency pursuant to section 3(d) of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, may be applied under this paragraph except in accordance with said restriction or prohibition; and provided, further, that a person applying pesticides near any stream or other surface waters of the state shall comply with rules adopted by the board under RSA 541-A, as provided in RSA 430:31, IV.
(c) Such categories of commercial applicators, other than commercial applicators for hire, as the board by rule excludes solely for the purpose of applying pesticides other than restricted pesticides, in such a manner and location as not to constitute a threat to public health or the environment, and as determined to be necessary for the efficient administration of this subdivision.
(d) Janitorial service contractors applying general use disinfectants, sanitizers, and mildew control agents to control microorganisms on nonliving entities, provided that these disinfectants, sanitizers, and mildew control agents are not applied as space sprays and that these pesticides are labeled exclusively for disinfecting, sanitizing, and mildew control.
(e) [Repealed.]
II. The following are exempt from the provisions of RSA 430:41, I:
(a) Public officials of this state and the federal government while engaged in the performance of their official duties in administering state or federal pesticide laws or rules;
(b) The manufacturer, shipper, or distributor of a pesticide for experimental use only by or under the supervision of an agency of this state or of the federal government which is authorized by law to conduct research in the field of pesticides; provided that such manufacturer, shipper, or distributor holds or is covered by a valid experimental use permit issued pursuant to this subdivision or by the United States Environmental Protection Agency.

Source. 1985, 72:1; 375:3. 1987, 164:4. 1991, 303:4. 1995, 130:6, eff. July 23, 1995. 2006, 284:4, eff. July 1, 2006. 2007, 22:2, eff. July 1, 2007.

Section 430:47

    430:47 Cooperation. – The division is authorized and empowered to cooperate with, and enter into agreements with, any other agency of this state, the United States Environmental Protection Agency, and any other state or agency thereof for the purpose of carrying out the provisions of this subdivision and securing uniformity of rules.

Source. 1985, 72:1; 375:3, eff. July 1, 1985.

Section 430:48

    430:48 Limiting Operation of Statute. – Nothing in this subdivision modifies or limits in any way the powers and duties of the commissioner of agriculture, markets, and food under RSA 430:1-8, of the department of environmental services under RSA 485, 485-A, 487 and RSA 486; of the department of health and human services under RSA 146; or of the fish and game department under RSA 485-A:8, IX.

Source. 1985, 375:3. 1986, 202:6, I(a). 1989, 339:26. 1995, 130:5; 310:181. 1996, 228:108, eff. July 1, 1996.

Section 430:49

    430:49 Preemption of Local Regulation. –
I. Administration and enforcement of this subdivision shall be implemented in an equitable manner throughout the state. This subdivision is of statewide concern and occupies the whole field of regulation regarding the registration, sale, transportation, or use of pesticides to the exclusion of all local regulation. Except as otherwise specifically provided in this subdivision, no ordinance or regulation of local government, including but not limited to, an action by a local governmental agency or department, a county board of commissioners or a city council, or a local regulation adopted by the use of an initiative measure, may prohibit or in any way attempt to regulate any matter relating to the registration, sale, transportation, or use of pesticides, and any of those ordinances, laws or regulations are void and of no force or effect.
II. This section shall not be construed to invalidate any ordinance or regulation of a local government in effect on the effective date of this section.

Source. 1993, 279:1, eff. Aug. 20, 1993.

Integrated Pest Management Program

Section 430:50

    430:50 Program Established. –
I. The commissioner of the department of agriculture, markets, and food shall establish an integrated pest management program. "Integrated pest management" means a sustainable approach to managing pests by combining the use of biological, cultural, physical, and chemical tactics in a way that minimizes economic, health, and environmental risks. The purpose of the program shall be to bring about the broadest possible application of the principles of integrated pest management to agriculture, horticulture, arborculture, landscape and building maintenance, and any other areas in which economic poisons are employed. To this end, the commissioner shall work cooperatively with the university of New Hampshire agricultural experiment station, cooperative extension, and college of life sciences and agriculture; other educational institutions with competence in relevant disciplines; commodity and trade organizations; conservation groups; other governmental agencies; and private sector individuals and corporations. Wherever possible, such research, education, and evaluation endeavors shall be conducted cooperatively by 2 or more supporting entities.
II. There is established a nonlapsing fund to be known as the integrated pest management fund. Twenty-five percent of the pesticide registration fees collected under RSA 430:38, III shall be deposited in the fund. The fund shall only be used to support the purposes of the integrated pest management program and the division of pesticide control. The state treasurer may invest moneys in the fund as provided by law and all interest received on such investment shall be credited to the fund. The commissioner shall be authorized to accept grants, gifts, and donations from any public or private sources for deposit in the fund.
III. The commissioner shall report by October 1 of each year to the house environment and agriculture committee and the senate environment committee concerning the use of the fund, the work accomplished, and the effectiveness of efforts to broaden application of integrated pest management principles throughout the state.

Source. 1998, 323:1, eff. July 1, 1999. 2015, 229:23, eff. July 1, 2015. 2021, 91:64, eff. July 1, 2021.

Invasive Species

Section 430:51

    430:51 Declaration of Purpose. – The purpose of this subdivision is to recognize the adverse environmental and economic effects of invasive plant, insect, and fungal species upon the state; to establish the means by which the state shall address and minimize such adverse effects; to promote research and educational activities dealing with invasive species so as to achieve the best possible protection of agricultural, forest, wildlife, and other natural resources of the state and of human health; and to prevent and control the spread of invasive species in the state.

Source. 2000, 88:1, eff. April 27, 2000.

Section 430:52

    430:52 Definitions. –
In this subdivision:
I. "Alien species" means with respect to a particular ecosystem, any species, including its seeds, eggs, spores, or other biological material capable of propagating or reproducing that species, that is not native to that ecosystem.
II. "Commissioner" means the commissioner of agriculture, markets, and food.
III. "Committee" means the invasive species committee as established by this subdivision.
IV. "Control" means, as appropriate, eradicating, suppressing, reducing, or managing invasive species populations, preventing spread of invasive species from areas where they are present, and taking steps such as restoration of native species and habitats to reduce the effects of invasive species and to prevent further invasions.
V. "Fungi" means all non-chlorophyll-bearing thallophytes (that is, all non-chlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living man or other animals.
VI. "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising 6-legged, usually winged forms, as, for example, beetles, bugs, bees, flies, and to other allied classes of arthropods whose members are wingless and usually have more than 6 legs, as, for example, spiders, mites, ticks, centipedes, and wood lice.
VII. "Invasive species" means an alien species whose introduction causes or is likely to cause economic or environmental harm or harm to human health.
VIII. "Native species" means with respect to a particular ecosystem, a species that, other than as a result of an introduction, historically occurred or currently occurs in that ecosystem.
IX. "Person" means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons whether incorporated or not, and every officer, agent, or employee thereof.

Source. 2000, 88:1, eff. April 27, 2000.

Section 430:53

    430:53 Powers and Duties of the Commissioner. –
I. The commissioner shall conduct research and educational activities which address the environmental and economic effects of invasive species upon the state. The commissioner shall solicit support for and participation by other state and federal government entities, the University of New Hampshire and private entities in such activities.
II. The commissioner shall disseminate information on and make recommendations for control of invasive species.
III. The commissioner shall consult with the invasive species committee and prepare and publish by April 1 annually a list of invasive species deemed to present an immediate danger to the health of native species, to the environment, to commercial agricultural or forest crop production, or to human health. The commissioner shall have authority to prohibit collection possession, importation, transportation, sale, propagation, transplantation or cultivation by any person of any species so listed. Such list shall be known as the "New Hampshire prohibited invasive species list."
IV. The commissioner shall consult with the invasive species committee and prepare and publish by April 1 annually a list of species which present the potential for environmental or economic harm but for which such potential may be reduced or eliminated by cultural or biological practices. Such list shall be known as the "New Hampshire restricted invasive species list."
V. The commissioner shall apply for and accept grants, gifts, bequests and donations which support the purposes of this subdivision.

Source. 2000, 88:1, eff. April 27, 2000.

Section 430:54

    430:54 Committee Established. –
I. The invasive species committee is hereby established to advise the commissioner on matters relating to invasive species in the state. It shall consist of the following 11 members:
(a) The state entomologist.
(b) The commissioner of environmental services, or designee.
(c) The commissioner of natural and cultural resources, or designee.
(d) The commissioner of transportation, or designee.
(e) The executive director of fish and game, or designee.
(f) The dean of the college of life sciences and agriculture of the University of New Hampshire, or designee.
(g) The director of the University of New Hampshire cooperative extension, or designee.
(h) Four persons appointed by the governor with the advice and consent of the executive council who shall each serve for a term of 3 years. One shall represent horticultural interests, one shall represent environmental interests, one shall represent livestock owners' and feed growers' interests, and one shall represent the general public.
II. The committee shall annually choose one of its members to serve as chairperson.

Source. 2000, 88:1, eff. April 27, 2000. 2003, 36:1, eff. July 1, 2003. 2017, 156:14, I, eff. July 1, 2017.

Section 430:55

    430:55 Administrative Authority; Inspection; Rulemaking. –
I. The commissioner of agriculture, markets, and food shall adopt rules, in accordance with RSA 541-A, for carrying out provisions of this subdivision. For the purpose of inspecting for, or eradicating prohibited species, the commissioner shall, in person or by deputy or agent, have access to:
(a) Land, places, buildings, or vehicles of a licensed or certified plant dealer or nursery, at all reasonable hours.
(b) Land not posted pursuant to RSA 635:4 at any time, but unposted land shall not include buildings, vehicles, or areas considered to be curtilage.
(c) Land posted pursuant to RSA 635:4, places, buildings, or vehicles at such time and under such conditions as the owner may consent to.
(d) Land posted pursuant to RSA 635:4, places, buildings, or vehicles upon obtaining a search warrant pursuant to RSA 595-A, if the owner does not consent.
II. The commissioner shall have general authority to administer and enforce the provisions of this subdivision and the rules adopted under this subdivision, and to prosecute violations thereof.

Source. 2000, 88:1, eff. Apr. 27, 2000. 2002, 131:1, eff. July 8, 2002.

Section 430:56

    430:56 Hearings. – When the commissioner learns of any violation of any provision of this subdivision, notice of such violation, together with a copy of the findings, shall be given to the person or persons concerned. Persons so notified shall be afforded a hearing under rules adopted by the commissioner. Affidavits under oath may be received by the commissioner.

Source. 2000, 88:1, eff. April 27, 2000.

Section 430:57

    430:57 Penalties. –
I. Any person who is convicted of violating 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. 2000, 88:1, eff. April 27, 2000.