TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY

Chapter 431
SOIL CONDITIONERS

Fertilizers

Section 431:1

    431:1 Title. – This subdivision shall be known as the New Hampshire Fertilizer Law.

Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.

Section 431:2

    431:2 Administration. – This subdivision shall be administered by the commissioner of agriculture, markets, and food.

Source. 1985, 72:1. 1995, 130:5; 233:1, eff. Jan. 1, 1996.

Section 431:3

    431:3 Definitions. –
In this subdivision:
I. "Brand" means a term, design, or trademark used in connection with one or several grades of fertilizer.
II. "Bulk fertilizer" means a fertilizer distributed in a non-packaged form.
III. "Commissioner" means the commissioner of agriculture, markets, and food or the commissioner's authorized agent.
IV. "Deficiency" means the amount of nutrient found by analysis less than that guaranteed which may result from a lack of nutrient ingredients or from lack of uniformity.
V. "Distribute" means to import, consign, manufacture, produce, compound, mix, or blend fertilizer, or to offer for sale, sell, barter, or otherwise supply fertilizer in this state.
VI. "Distributor" means any person who distributes.
VI-a. "Enhanced efficiency fertilizer" means lawn fertilizer products with characteristics that allow increased plant uptake and reduce potential of nutrient losses to the environment when compared to an appropriate reference product.
VII. "Fertilizer" means any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and other products exempted by rule by the commissioner. "Fertilizer" shall not include any horticultural growing medium as defined in RSA 433-A:3, VI.
VIII. "Fertilizer material" means a fertilizer which:
(a) Contains important quantities of no more than one of the following primary plant nutrients, nitrogen (N), phosphorous (P), and potassium (K); or
(b) Has 85 percent or more of its plant nutrient content present in the form of a single chemical compound; or
(c) Is derived from a plant or animal residue or byproduct or natural material deposit which has been processed in such a way that its content of plant nutrients has not been materially changed except by purification and concentration.
IX. "Grade" means the percentage of total nitrogen, available phosphate, and soluble potash stated in whole numbers in the same terms, order, and percentages as in the guaranteed analysis, provided that:
(a) Specialty fertilizers may be guaranteed in fractional units of less than one percent of total nitrogen, available phosphate, and soluble potash.
(b) Fertilizer materials, bone meal, manures, and similar materials may be guaranteed in fractional units.
X. "Guaranteed analysis" means the minimum percentage by weight of plant nutrients claimed to be present in a fertilizer.
XI. "Investigational allowance" means an allowance for variations inherent in the taking, preparation, and analysis of an official sample of fertilizer.
XII. "Label" means the display of all written, printed, or graphic matter, upon the immediate container, or a statement accompanying a fertilizer.
XIII. "Labeling" means all written, printed, or graphic matter, upon or accompanying any fertilizer, or advertisements, brochures, posters, television and radio announcements used in promoting the sale of such fertilizer.
XIV. "Mixed fertilizer" means a fertilizer containing any combination or mixture of fertilizer materials.
XIV-a. "Natural inorganic fertilizer" means a mineral nutrient source that exists in or is produced by nature and may be altered from its original state only by physical manipulation.
XIV-b. "Natural organic turf fertilizer" means materials derived from either plant or animal products containing one or more elements other than carbon, hydrogen, and oxygen which are essential for plant growth. These materials may be subject to biological degradation processes under normal conditions of aging, rainfall, sun-curing, air drying, composting, rotting, enzymatic, or anaerobic/aerobic bacterial action, or any combination of these. These materials shall not be mixed with synthetic materials or changed in any physical or chemical manner from their initial state except by manipulations such as drying, cooking, chopping, grinding, shredding, hydrolysis, or pelleting. These products may be supplemented with natural inorganic fertilizers not containing phosphorus.
XV. "Official sample" means any sample of fertilizer taken by the commissioner and designated as "official" by the commissioner.
XVI. "Percent" or "percentage" means the percentage by weight.
XVII. "Person" means any individual, firm, company, partnership, corporation, association, cooperative, business trust, or legal entity of any kind.
XVII-a. "Plant biostimulant" means a substance, microorganism, or mixture thereof, that, when applied to seeds, plants, the rhizosphere, soil or other growth media, acts to support a plant's natural nutrition processes independently of the plant biostimulant's nutrient content, improving nutrient availability, uptake or use efficiency, tolerance to abiotic stress, and consequent growth, development, quality or yield. The commissioner may clarify the definition of plant biostimulant by rule in order to maintain consistency with United States Department of Agriculture requirements.
XVIII. "Primary nutrient" means nitrogen, available phosphate, and soluble potash.
XIX. "Registrant" means the person who registers fertilizer under the provisions of this subdivision.
XX. "Specialty fertilizer" means a fertilizer distributed for non-farm use.
XXI. "Ton" means a net weight of 2,000 pounds avoirdupois.
XXII. "Turf" or "lawn" means non-agricultural land planted in closely mowed, managed grasses except golf courses, parks, athletic fields, and sod farms.

Source. 1985, 72:1. 1995, 130:5; 233:1. 1997, 141:3, eff. Jan. 1, 1998. 2013, 42:2-4, eff. Jan. 1, 2014. 2021, 167:6, eff. Sept. 28, 2021.

Section 431:4

    431:4 Registration. –
I. Each brand and grade of fertilizer shall be registered in the name of that person whose name appears upon the label before being distributed in this state. The application for registration shall be submitted to the commissioner on a form furnished by the commissioner and shall be accompanied by a fee of $75 per grade of each brand sold.
II. The fees collected under this section shall be deposited with the state treasurer into the general fund as unrestricted revenue.
III. Upon approval by the commissioner, a copy of the registration shall be furnished to the applicant. All registrations expire on December 31 of each year. The application shall include the following information:
(a) The brand and grade.
(b) The guaranteed analysis.
(c) The name and address of the registrant.
(d) Net weight.
IV. A distributor shall not be required to register any fertilizer which is already registered under this section by another person, providing the label does not differ in any respect.
V. A distributor shall not be required to register each grade of fertilizer formulated according to specifications which are furnished by a consumer prior to mixing, but shall be required to label such fertilizer as provided in RSA 431:5, III.

Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996. 2003, 229:2, eff. July 1, 2003.

Section 431:4-a

    431:4-a Nitrogen Content of Fertilizer. –
I. No turf fertilizer sold at retail shall exceed 0.7 pounds per 1,000 square feet of soluble nitrogen per application when applied according to the instructions on the label.
II. No turf fertilizer sold at retail shall exceed 0.9 pounds per 1,000 square feet of total nitrogen per application when applied according to the instructions on the label.
III. No turf fertilizer shall exceed an annual application of 3.25 pounds per 1,000 square feet of total nitrogen when applied according to the instructions on the label.
IV. No enhanced efficiency fertilizer shall exceed a single application rate of 2.5 lbs. per 1,000 square feet of total nitrogen and an annual application rate of 3.25 pounds per 1,000 square feet of total nitrogen nor release at greater than 0.7 pounds per 1,000 square feet per month when applied according to the instructions on the label.

Source. 2013, 42:5, eff. Jan. 1, 2014.

Section 431:4-b

    431:4-b Phosphorus Content of Fertilizer. –
I. No fertilizer sold at retail that is intended for use on turf shall exceed a content level of 0.67% available phosphate unless specifically labeled for establishing new lawns, for repairing a lawn, for seeding, or for use when a soil test indicates a phosphorus deficiency.
II. No fertilizer sold at retail that is intended for use on newly established or repaired lawns, or for lawns testing deficient in phosphorus shall exceed an application rate of one pound per 1,000 square feet annually of available phosphate.
III. No natural organic turf fertilizer shall exceed a per application rate of one pound of available phosphate per 1,000 square feet when applied according to the instructions on the label.

Source. 2013, 42:5, eff. Jan. 1, 2014.

Section 431:4-c

    431:4-c Existing Inventories. – No provision of RSA 431:4-a or RSA 431:4-b shall restrict the continued sale by retailers of any fertilizer from any existing inventories in stock on December 31, 2013.

Source. 2013, 42:5, eff. Jan. 1, 2014.

Section 431:4-d

    431:4-d Preemption of 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, formulation, or transportation of fertilizer. Additionally, no local regulation shall regulate the type of fertilizer when used for agricultural purposes as defined by RSA 21:34-a.

Source. 2013, 42:5, eff. Jan. 1, 2014. 2018, 169:2, eff. Aug. 7, 2018.

Section 431:5

    431:5 Labels. –
I. Any fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:
(a) Net weight.
(b) Brand and grade, provided that the grade shall not be required when no primary nutrients are claimed.
(c) Guaranteed analysis in the following order and form:
Total Nitrogen (N) _______ %
 Available Phosphate (P2O5) _______ %
 Soluble Potash (K2O) _______ %
 

(1) For unacidulated mineral phosphatic material and basic slag, bone, tankage, and other organic phosphatic materials, the total phosphate and or degree of fineness may also be guaranteed.
(2) Guarantees for plant nutrients, other than nitrogen, phosphorous and potassium, may be permitted or required by rule by the commissioner. The guarantees for such other nutrients shall be expressed in the form of the element. The source (oxides, salts, chelates, etc.) of such other nutrients may be required to be stated on the application for registration and may be included on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the commissioner and with the advice of the director of the agricultural experiment station. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accord with the methods and rules adopted by the commissioner.
(d) Name and address of the registrant.
II. In the case of bulk shipments, the information required in paragraph I in written or printed form shall accompany delivery and be supplied to the purchaser at the time of delivery.
III. A fertilizer formulated according to specifications which are furnished by a consumer prior to mixing shall be labeled to show the net weight, the guaranteed analysis, and the name and address of the distributor or registrant.

Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.

Section 431:6

    431:6 Inspection Fees and Tonnage Reports. –
I. There shall be paid to the commissioner for all fertilizers distributed in this state to nonregistrants an inspection fee on each ton of fertilizer sold in a manner and at a fee prescribed by the commissioner by rules; provided, that sales or exchanges between importers, manufacturers, distributors, or registrants are exempted.
II. Every registrant who distributes fertilizer in the state shall file with the commissioner a semiannual statement for the reporting period setting forth the number of net tons of each fertilizer so distributed in this state during such period. The report shall be due on or before 30 days following the close of the filing period and upon filing such statement the registrant shall pay an inspection fee. If the tonnage report is not filed and the payment of inspection fees is not made within 30 days after the end of the specified filing period, a collection fee, amounting to 10 percent (minimum $10) of the amount due, shall be assessed against the registrant and added to the amount due.
III. When more than one person is involved in the distribution of a fertilizer, the last person who has the fertilizer registered and who distributed to a nonregistrant dealer or consumer is responsible for reporting the tonnage and paying the inspection fee, unless the report and payment is made by a prior distributor of the fertilizer.
IV. Fees collected under this section shall be deposited with the state treasurer into the general fund as unrestricted revenue.
V. No information furnished the commissioner under this section shall be disclosed in such a way as to divulge the operation of any person.

Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.

Section 431:7

    431:7 Inspection, Sampling, and Analysis. –
I. It shall be the duty of the commissioner to sample, inspect, make analyses of, and test fertilizers distributed within this state at any time and place and to such an extent as the commissioner may deem necessary to determine whether such fertilizers are in compliance with the provisions of this subdivision. The commissioner is authorized to enter upon any public or private premises or carriers during regular business hours in order to access fertilizer subject to provisions of this subdivision and the rules adopted pursuant to it, and the records relating to their distribution and storage.
II. The methods of sampling and analysis shall be those adopted by the Association of Official Analytical Chemists (AOAC). In cases not covered by such methods, or in cases where methods are available in which improved applicability has been demonstrated, the commissioner may adopt by rule such appropriate methods from other sources.
III. The commissioner, in determining for administrative purposes whether any fertilizer is deficient in plant food, shall be guided solely by the official sample as defined in RSA 431:3, and obtained and analyzed as provided for in paragraph II of this section.
IV. The results of official analysis of fertilizers and portions of official samples shall be distributed by the commissioner as provided by rule. Official samples establishing a penalty for nutrient deficiency shall be retained for a minimum of 90 days from issuance of a deficiency report.

Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.

Section 431:8

    431:8 Plant Food Deficiency. –
I. When the official analysis under RSA 431:7 shall show that a fertilizer is deficient in nitrogen, available phosphate, and/or soluble potash in accordance with the provisions of subparagraphs (a) and (b), then a penalty payment of 3 times the value of such deficiency shall be assessed. When a fertilizer is subject to a penalty payment under both (a) and (b), the larger penalty payment shall apply. A fertilizer is deficient when:
(a) One or more of its guaranteed primary plant nutrients are beyond the investigational allowances established by rule; or
(b) The overall index value of the fertilizer is below the level established by rule.
II. Penalty payments for deficiencies beyond the investigational allowances as established by rule for any other constituent covered under RSA 431:5, I(c)(2), which the registrant is required to or may guarantee, shall be evaluated and penalty payments prescribed by the commissioner.
III. All penalty payments assessed under this section shall be paid by the registrant to the commissioner within 3 months of receiving written notification from the commissioner of the penalty notice.
IV. Penalty payments received from the registrant shall be refunded to the consumer of the fertilizer which has been analyzed and found deficient, provided that the purchase is of one ton or more. Penalty payments on lots of fertilizer which have been analyzed and found deficient and whose purchaser cannot be found shall be deposited in the general fund as unrestricted revenue.
V. If, upon satisfactory evidence, a person is shown to have altered the content of a fertilizer shipped to such person by a registrant, or to have mixed or commingled fertilizer from 2 or more suppliers such that the result of either alteration changes the analysis of the fertilizer as originally guaranteed, then that person shall become responsible for obtaining a registration and shall be held liable for all penalty payments and be subject to other provisions of this subdivision, including seizure, condemnation, and stop sale.
VI. A deficiency in an official sample of mixed fertilizer resulting from nonuniformity is not distinguishable from a deficiency due to actual plant nutrient shortage and is properly subject to official action.
VII. Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction seeking judgment as to the justification of such penalty payments.

Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.

Section 431:9

    431:9 Commercial Value. – For the purpose of determining the commercial value to be applied under the provisions of RSA 431:8, the commissioner shall determine and publish annually the values per unit of nitrogen, available phosphate, and soluble potash in fertilizers in this state. The value so determined and published shall be used in determining and assessing penalty payments.

Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.

Section 431:10

    431:10 Misbranding. –
No person shall distribute misbranded fertilizer. A fertilizer shall be deemed to be misbranded if:
I. Its labeling is false or misleading in any particular.
II. It is distributed under the name of another fertilizer product.
III. It is not labeled as required in RSA 431:5 and in accordance with rules adopted under this subdivision.
IV. It purports to be or is represented as a fertilizer, or is represented as containing a plant nutrient or fertilizer unless such plant nutrient or fertilizer conforms to the definition of identity, if any, prescribed by rule of the commissioner. In adopting such rules, the commissioner shall give due regard to commonly accepted definitions and official fertilizer terms such as those issued by the Association of American Plant Food Control Officials.

Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.

Section 431:11

    431:11 Adulteration. –
No person shall distribute an adulterated fertilizer product. A fertilizer shall be deemed to be adulterated if:
I. It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant, animal, human, or aquatic life or to soil or water when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use which may be necessary to protect plant life, animal, human, or aquatic life or soil or water are not shown upon the label.
II. Its composition falls below or differs from that which it is purported to possess by its labeling.
III. It contains unwanted crop seed or weed seed.

Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.

Section 431:12

    431:12 Publications. –
The commissioner shall publish in such forms as the commissioner deems proper:
I. Information concerning the distribution of fertilizers.
II. Results of analyses based on official samples of fertilizer distributed within the state as compared with the analyses guaranteed under RSA 431:4 and RSA 431:5.

Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.

Section 431:13

    431:13 Rulemaking. – For the enforcement of this subdivision, the commissioner shall adopt under RSA 541-A, after public hearing, such rules relating to investigational allowances, definitions, records, distribution, storage, use, and application of fertilizers and plant biostimulants as may be necessary to carry into effect the full intent and meaning of this subdivision.

Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996. 2021, 167:7, eff. Sept. 28, 2021.

Section 431:14

    431:14 Shortweight. – If any fertilizer in the possession of the consumer is found by the commissioner to be short in weight, the registrant of the fertilizer shall within 30 days after official notice from the commissioner submit to the consumer a penalty payment of 4 times the value of the actual shortage.

Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.

Section 431:15

    431:15 Cancellation of Registrations. – The commissioner may cancel the registration of any brand of fertilizer or may refuse to register any brand of fertilizer as provided in this subdivision, upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasion or the attempted evasion of the provisions of this subdivision or any rules adopted thereunder. No registration shall be revoked or refused until the registrant shall have been given the opportunity to appear for a hearing by the commissioner.

Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.

Section 431:16

    431:16 Stop Sale Orders. – The commissioner may issue and enforce a written or printed "stop sale, use, or removal" order to the owner of any lot of fertilizer and hold such fertilizer at a designated place when the commissioner finds the fertilizer is being offered or exposed for sale in violation of any of the provisions of this subdivision until the law has been complied with and the fertilizer is released in writing by the commissioner, or the violation has been otherwise legally disposed of by written authority. The commissioner shall release the fertilizer so withdrawn when this subdivision has been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.

Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.

Section 431:17

    431:17 Seizure, Condemnation, and Sale. – Any lot of fertilizer not in compliance with the provisions of this subdivision shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which the fertilizer is located. In the event the court finds the fertilizer to be in violation of this subdivision and orders the condemnation of the fertilizer, it shall be disposed of in any manner consistent with the quality of the fertilizer and the laws of the state. In no instance shall the disposition of the fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the fertilizer or for permission to process or relabel the fertilizer to bring it into compliance with this subdivision.

Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.

Section 431:18

    431:18 Penalties. –
I. Any person who, personally or through an agent, violates any provision of this subdivision or rule adopted under this subdivision 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.
IV. The commissioner may apply for and the court may grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this subdivision or any rule adopted hereunder, notwithstanding the existence of other remedies at law. The injunction shall be issued without bond.

Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.

Section 431:19

    431:19 Cooperation with Other Entities. – The commissioner may cooperate with and enter into agreement with governmental agencies of this state, other states, and agencies of the federal government in order to carry out the purpose of this subdivision.

Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.

Section 431:20

    431:20 Exchanges Between Manufacturers. – Nothing in this subdivision shall be construed to restrict or avoid sale or exchanges of fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale, or as preventing the free and unrestricted shipments of fertilizer to manufacturers or manipulators who have registered their brands as required by provisions of this subdivision.

Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.

Section 431:21

    431:21 Repealed by 1995, 233:4, eff. Jan. 1, 1996. –

Agricultural Liming Materials

Section 431:22

    431:22 Title. – This subdivision shall be known as the "New Hampshire Agricultural Liming Materials Act."

Source. 1985, 72:1. 1995, 233:3, eff. Jan. 1, 1996.

Section 431:23

    431:23 Administration. – This subdivision shall be administered by the commissioner of agriculture, markets, and food.

Source. 1985, 72:1. 1995, 233:3, eff. Jan. 1, 1996.

Section 431:24

    431:24 Definitions. –
In this subdivision:
I. "Agricultural liming materials" means a product whose calcium and magnesium compounds are capable of neutralizing soil acidity.
II. "Limestone" means a material consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate capable of neutralizing soil acidity.
III. "Burnt lime" means a material made from limestone which consists essentially of calcium oxide or a combination of calcium oxide with magnesium oxide.
IV. "Hydrated lime" means a material, made from burnt lime, which consists of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide or magnesium hydroxide or both.
V. "Marl" means a granular or loosely consolidated earthy material composed largely of seashell fragments, eggshell fragments, and calcium carbonate.
VI. "Industrial byproduct" means any industrial waste or byproduct containing calcium or calcium and magnesium in forms that will neutralize soil acidity.
VII. "Brand" means the term, designation, trademark, product name or other specific designation under which individual agricultural liming material is offered for sale.
VIII. "Fineness" means the percentage by weight of the material which will pass U.S. Standard sieves of specified sizes.
IX. "Ton" means a net weight of 2,000 pounds avoirdupois.
X. "Percent" or "percentage" means by weight.
XI. "Bulk" means in nonpackaged form.
XII. "Label" means any written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments.
XIII. "Person" means individual, partnership, association, firm, or corporation.
XIV. "Calcium carbonate equivalent" means the acid-neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate.
XV. "Weight" means the weight of undried material as offered for sale.
XVI. "Commissioner" means the commissioner of agriculture, markets, and food or authorized agent.

Source. 1985, 72:1. 1995, 130:5; 233:3, eff. Jan. 1, 1996. 2003, 181:2, eff. Jan. 1, 2004.

Section 431:25

    431:25 Labeling. –
I. Agricultural liming materials sold, offered, or exposed for sale in the state shall have affixed to the outside of each package in a conspicuous manner, a plainly printed, stamped, or otherwise marked label, tag or statement, or in the case of bulk sales, a delivery slip, setting forth at least the following information:
(a) The name and principal office address of the manufacturer or distributor.
(b) The brand or trade name of the material.
(c) The identification of the product as to the type of the agricultural liming material.
(d) The net weight of the agricultural liming material.
(e) The minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate.
(f) The calcium carbonate equivalent as determined by methods prescribed by the Association of Official Analytical Chemists (AOAC) International. Minimum calcium carbonate equivalents shall be as prescribed by rule.
(g) The minimum percent by weight passing through U.S. Standards sieves as prescribed by rule.
II. No information or statement shall appear on any package, label, delivery slip, or advertising matter which is false or misleading to the purchaser as to the quality, analysis, type, or composition of the agricultural liming material.
III. In the case of any material which has been adulterated subsequent to packaging, labeling or loading and before delivery to the consumer, a plainly marked notice to that effect shall be affixed by the vendor to the package or delivery slip to identify the kind and degree of such adulteration.
IV. At every site from which agricultural liming materials are delivered in bulk and at every place where consumer orders for bulk deliveries are placed, there shall be conspicuously posted a copy of the statement required by this section for each brand of material.
V. When the commissioner finds, after public hearing following due notice under rules adopted by the commissioner under RSA 541-A, that the requirement for expressing the calcium and magnesium in elemental form would not impose an economic hardship on distributors and users of agricultural liming materials by reason of conflicting label requirements among the states, the commissioner may require by rule that the minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate shall be expressed in the following form:
Total Calcium (Ca) .................. percent
 Total Magnesium (Mg) .................. percent
 

The effective date of such a rule shall be not less than 6 months following the adoption of the rule, and for a period of 2 years following the effective date of the rule, the equivalent of calcium and magnesium may also be shown in the form of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate.

Source. 1985, 72:1. 1995, 233:3, eff. Jan. 1, 1996.

Section 431:26

    431:26 Prohibited Acts. –
I. No agricultural liming material shall be sold or offered for sale in this state unless it complies with the provisions of this subdivision and rules pertaining to this subdivision.
II. No agricultural liming material shall be sold or offered for sale in this state which contains toxic materials in quantities injurious to plant, animal, human, or aquatic life or to soil or water.

Source. 1985, 72:1. 1995, 233:3, eff. Jan. 1, 1996.

Section 431:27

    431:27 Registration. –
I. Each separately identified product shall be registered before being distributed in this state. The application for registration shall be submitted to the commissioner on a form furnished or approved by the commissioner and shall be accompanied by a fee of $50 per product. The fees collected under this section shall be deposited with the state treasurer into the general fund as unrestricted revenue. Upon approval by the commissioner, a copy of the registration shall be furnished to the applicant. All registrations expire on January 1 of the following year.
II. A distributor shall not be required to register any brand of agricultural liming material which is already registered under this act by another person, providing the label does not differ in any respect.

Source. 1985, 72:1. 1995, 233:3, eff. Jan. 1, 1996.

Section 431:28

    431:28 Report of Tonnage. –
I. Within 30 days following the expiration of registration, each registrant shall submit, on a form approved by the commissioner, an annual statement setting forth the number of net tons of each agricultural liming material sold by such registrant for use in the state during the previous 12-month period.
II. The commissioner shall publish in such forms as the commissioner deems proper a composite report showing the tons of agricultural liming material sold in the state. This report shall in no way divulge the operation of any registrant.

Source. 1985, 72:1. 1995, 233:3, eff. Jan. 1, 1996.

Section 431:29

    431:29 Inspection, Sampling, and Analysis. –
I. It shall be the duty of the commissioner, who may act through an authorized agent, to sample, inspect, make analyses of, and test agricultural liming materials distributed within this state as the commissioner deems necessary to determine whether such agricultural liming materials are in compliance with the provisions of this subdivision. The commissioner, individually or through an agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to agricultural liming material subject to the provisions of this subdivision and rules pertaining to this subdivision, and to the records relating to their distribution.
II. The methods of analysis and sampling shall be those approved by the commissioner and shall be guided by AOAC International procedures.
III. The results of official analyses of agricultural liming materials and portions of official samples shall be distributed by the commissioner as provided in the rules at least annually.

Source. 1985, 72:1. 1995, 233:3, eff. Jan. 1, 1996.

Section 431:30

    431:30 Stop Sale Orders. – The commissioner may issue and enforce a written or printed "stop sale, or use or removal" order to the owner or custodian of any lot of agricultural liming material and hold such material at a designated place when the commissioner finds the agricultural liming material is being offered or exposed for sale in violation of any of the provisions of this subdivision until the law has been complied with and the agricultural liming material is released in writing by the commissioner, or the violation has been otherwise legally disposed of by written authority. The commissioner shall release the agricultural liming material so withdrawn, when the requirements of the provisions of this subdivision have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.

Source. 1985, 72:1. 1995, 233:3, eff. Jan. 1, 1996.

Section 431:31

    431:31 Penalties. –
I. Any person who, individually or through a servant or agent, violates any provision of this subdivision or rule adopted under this subdivision shall be guilty of a misdemeanor. For any subsequent offense, a person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. Any person who violates any provision of this subdivision or any rule adopted or order issued under this subdivision shall, in addition, be liable for a civil forfeiture not to exceed $5,000 for each violation, for each day of a continuing violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general.
III. Any person who violates any provision of this subdivision, or any rule or order of the commissioner, shall be subject to the imposition of an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.

Source. 1985, 72:1. 1995, 233:3, eff. Jan. 1, 1996.

Section 431:32

    431:32 Rulemaking. – The commissioner shall adopt rules under RSA 541-A necessary to the proper enforcement and administration of this subdivision.

Source. 1985, 72:1. 1991, 44:7. 1995, 233:3, eff. Jan. 1, 1996.

Manure, Agricultural Compost, and Chemical Fertilizer Handling

Section 431:33

    431:33 Definitions. –
In this subdivision:
I. "Agricultural compost" means mixtures of decomposing organic matter, that may include manure, stored and managed on farms and used to condition and fertilize soils used for production of agricultural crops.
II. "Commercial fertilizer" means any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and other products exempted by rule by the commissioner.
III. "Manure" means the excreta of animals, including poultry, that are kept or harbored as domesticated animals, together with bedding materials used in housing such animals.

Source. 1991, 13:1, eff. June 18, 1991. 2005, 59:1, eff. July 22, 2005.

Section 431:34

    431:34 Best Management Practices. – In consultation with the agricultural advisory board, the commissioner of environmental services, the United States Natural Resources Conservation Service, the New Hampshire agricultural experiment station, the university of New Hampshire cooperative extension, and other appropriate agencies, the commissioner of agriculture, markets, and food shall identify and publish the best management practices for handling manure, agricultural compost, and commercial fertilizer. Such practices shall be based upon the best available research and scientific data so as to permit the maximum use of nutrient and soil conditioning values, while achieving the least possible adverse impact upon the environment or human, animal and plant health.

Source. 1991, 13:1. 1995, 130:5; 134:23; 206:2, eff. Aug. 11, 1995. 2005, 59:2, eff. July 22, 2005.

Section 431:35

    431:35 Improper Manure Handling. –
I. The commissioner shall investigate complaints of improper handling of manure, agricultural compost, and commercial fertilizer, including, but not limited to, complaints of improper storage and spreading. If the commissioner is able to identify the source of the improper handling and has reason to believe such handling is a nuisance caused by failure to use best management practices, the commissioner shall:
(a) Determine who is responsible for such handling.
(b) Determine the changes needed in handling to comply with best management practices.
(c) Notify, in writing, the person responsible of the findings and changes necessary to conform to best management practices.
(d) Require a plan for compliance if the corrections, under RSA 431:35, I(c), have not been made within 10 days after notification.
II. If the person responsible fails to implement the recommended changes, the commissioner shall notify the health officer of the municipality and the commissioner of environmental services, who shall take such action as their authority permits.
III. [Repealed.]

Source. 1991, 13:1. 1996, 229:1. 1998, 60:2, eff. July 11, 1998. 2005, 59:3, eff. July 22, 2005.

Agricultural Nutrient Management Program

Section 431:36

    431:36 Program Established. –
I. The commissioner of the department of agriculture, markets, and food shall establish an agricultural nutrient management program. The program shall assist agricultural land and livestock owners with efforts to minimize potential adverse effects on waters of the state resulting from agricultural nutrients including fertilizers, animal manures, and agricultural compost. The purpose of the program shall be to provide educational, technical, and financial assistance to agricultural land owners with implementing best management practices as provided in RSA 431:34-35, and such other practices deemed necessary to mitigate water pollution. The goal of the program is to assist and enable the continued viability of farming in New Hampshire and the preservation of open space in a manner that is compatible with the state's public health and environmental objectives. The commissioner shall be authorized to accept grants, gifts, and donations from any public or private sources for the purposes stated in this paragraph.
II. The commissioner shall, within the biennial report pursuant to RSA 20:7, report to the house environment and agriculture committee, the senate environment committee, the house finance committee, and the senate finance committee. The report shall include:
(a) The use and current status of the fund;
(b) The work accomplished;
(c) The number of grantees and the amount of the grant received by each; and
(d) The effectiveness of the implementation of agricultural best management practices needed to more fully protect water quality.

Source. 2001, 103:1, eff. July 1, 2001. 2015, 259:25, eff. July 1, 2015.