Agr 1900

CHAPTER Agr 1900 LIVESTOCK DEALER LICENSING

Statutory Authority: RSA 427:44

PART Agr 1901 PURPOSE

Agr 1901.01 Purpose. These rules establish standards for the regulation of animal health and welfare that are consistent with the pattern established in statute by the Legislature. Animal health regulation focuses on those conditions that pose a threat to public health, that would require regulatory intervention to protect the economy of the state, or both.

Source. #1708, eff 4-3-81; ss by #2175, eff 11-30-82; amd by #2342, eff 4-21-83; ss by #2860, eff 9-24-84, EXPIRED 9-24-90

New. #4957, eff 10-19-90; ss by #6272, eff 6-25-96, EXPIRED: 6-25-04

New. #8143, eff 8-24-04; ss by #8824, eff 2-23-07; ss by #8912, eff 6-20-07, EXPIRED: 6-20-15

New. #12475, INTERIM, eff 2-2-18, EXPIRES: 8-1-18; ss by #12555, eff 6-21-18

PART Agr 1902 DEFINITIONS

Agr 1902.01 "Accredited veterinarian" means a licensed veterinarian approved by the United States Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) administrator and the state animal health official to perform duties as outlined in 9 C.F.R. Part 161.

Source. #1708, eff 4-3-81; ss by #2175, eff 11-30-82; ss by #2860, eff 9-24-84, EXPIRED 9-24-90

New. #4957, eff 10-19-90; ss by #6272, eff 6-25-96, EXPIRED: 6-25-04

New. #8143, eff 8-24-04; ss by #8824, eff 2-23-07; ss by #8912, eff 6-20-97, EXPIRED: 6-20-15

New. #12475, INTERIM, eff 2-2-18, EXPIRES: 8-1-18; ss by #12555, eff 6-21-18

Agr 1902.02 “Commissioner” means the New Hampshire commissioner of agriculture, markets & food.

Source. #1708, eff 4-3-81; ss by #2175, eff 11-30-82; ss by #2860, eff 9-24-84, EXPIRED 9-24-90

New. #4957, eff 10-19-90; ss by #6272, eff 6-25-96, EXPIRED: 6-25-04

New. #8143, eff 8-24-04; ss by #8824, eff 2-23-07; ss by #8912, eff 6-20-07, EXPIRED: 6-20-15

New. #12475, INTERIM, eff 2-2-18, EXPIRES: 8-1-18; ss by #12555, eff 6-21-18 (formerly Agr 1901.02)

Agr 1902.03 “Official identification” means any state required, pursuant to RSA 427:41, IV-V, or federally required, pursuant to 9 C.F.R. Part 86.1-86.4, unique and permanent method of identification that specifically identifies individual animals in accordance with one of the systems outlined in Table 1 of USDA’s Animal Disease Traceability General Standard. Official identification includes but is not limited to ear tags, brands, bands, tattoos, microchips, and, for dogs, cats, and equines, physical description of both natural and acquired markings unique to an individual animal.

Source. #1708, eff 4-3-81; ss by #2175, eff 11-30-82; amd by #2342, eff 4-21-83; ss by #2860, eff 9-24-84, EXPIRED 9-24-90

New. #4957, eff 10-19-90; ss by #6272, eff 6-25-96, EXPIRED: 6-25-04

New. #8143, eff 8-24-04; ss by #8912, eff 6-20-07, EXPIRED: 6-20-15

New. #12475, INTERIM, eff 2-2-18, EXPIRES: 8-1-18; ss by #12555, eff 6-21-18

PART Agr 1903 ISSUANCE, REFUSAL TO ISSUE, AND REVOCATION OF LICENSES

Agr 1903.01 Obtaining Application. Persons desiring a license to deal in livestock may obtain an application from the:

New Hampshire Department of Agriculture, Markets & Food

Animal Industry Division

PO Box 2042

Concord, NH 03302-2042

Source.. #1708, eff 4-3-81; ss by #2175, eff 11-30-82; ss by #2860, eff 9-24-84, EXPIRED 9-24-90

New. #4957, eff 10-19-90; ss by #6272, eff 6-25-96, EXPIRED: 6-25-04

New. #8143, eff 8-24-04; ss by #8824, eff 2-23-07; ss by #8912, eff 6-20-07, EXPIRED: 6-20-15

New. #12475, INTERIM, eff 2-2-18, EXPIRES: 8-1-18; ss by #12555, eff 6-21-18 (formerly Ag1902.01)

Agr 1903.02 Filing Application. Applications shall be filed with the:

New Hampshire Department of Agriculture, Markets & Food

Animal Industry Division

PO Box 2042

Concord, NH 03302-2042

Source. #12555, eff 6-21-18 (formerly Agr 1902.02)

Agr 1903.03 Information Required on Initial or Renewal Application.

(a) Every applicant for an initial or renewal license shall provide information as required by RSA 427:39 on either an “Initial Application for Livestock Dealer’s License” or a “Renewal Application for Livestock Dealer’s License”, as applicable.

(b) Every applicant for an initial or renewal license shall also provide the following on either an “Initial Application for Livestock Dealer’s License” or a “Renewal Application for Livestock Dealer’s License”:

(1) The business name of applicant, business address, and business telephone;

(2) The owner’s name, residential address, and residential telephone number;

(3) The names and addresses of all New Hampshire licensed agents or persons handling livestock for the dealer;

(4) The type of activity engaged in, including:

a. Buying, selling, transporting, or any combination thereof;

b. Transporting only; or

c. Operating a livestock auction or sales ring.

(5) A list of other jurisdictions in which the applicant is licensed to deal in livestock;

(6) Whether or not he or she has ever had a license to deal in livestock issued by another jurisdiction suspended or revoked;

(7) If the applicant has had his or her license suspended or revoked, a detailed explanation of the actions which resulted in that revocation or suspension;

(8) Whether the person is licensed under the USDA Packers and Stockyards Act;

(9) The license plate numbers and description of all trucks or other conveyances used in the transportation of livestock; and

(10) The signature of the applicant certifying that the applicant and any agents acting on their behalf shall abide by the provisions of RSA 427 and RSA 436 and rules and regulations promulgated thereunder and the date signed.

(c) In addition to the information listed in Agr 1903.03 (a) and (b), every applicant submitting an “Initial Application for Livestock Dealer’s License” shall submit a copy of an official State of New Hampshire criminal history record which can be obtained from the New Hampshire State Police Criminal Records Unit.

(d) The license application fee of $50 and the permit fee of $5 for each truck or other conveyance shall accompany the application. Cash payments shall not be submitted through the mail. The application fee shall not be refundable if the application is denied, pursuant to RSA 427:42.

Source. 12555, eff 6-21-18 (formerly Agr 1902.03)

PART Agr 1904 RECORDS

Agr 1904.01 Written Records.

(a) Each license holder shall keep a written record of all individual animals entering the licensed premises, conveyances, or both including:

(1) Date of purchase or acceptance;

(2) Name and address of seller, consignor, or donor; and

(3) Species, age, breed, gender, description, and official identification numbers of animals.

(b) Each license holder shall keep a written record of all transfers of all animals leaving the licensed premises, conveyance, or both including:

(1) Date of transfer;

(2) Name and address of recipient; and

(3) Species, age, breed, gender, description, and official identification numbers of animals.

(c) Records shall be maintained at the licensed premises or in the licensed conveyance for a minimum of one year after the date the animal left the operation. Such records shall be available upon request for inspection at the licensed premises by the department during reasonable times.

Source. #1708, eff 4-3-81; ss by #2175, eff 11-30-82; ss by #2860, eff 9-24-84, EXPIRED 9-24-90

New. #4957, eff 10-19-90; rpld by #6272, eff 6-25-96, EXPIRED: 6-25-04

New. #8824, eff 2-23-07; ss by #8912, eff 6-20-07, EXPIRED: 6-20-15

New. #12475, INTERIM, eff 2-2-18, EXPIRES: 8-1-18; ss by #12555, eff 6-21-18

PART Agr 1905 DISEASE CONTROL

Agr 1905.01 Biosecurity. A written plan for disease control and prevention, including cleaning and disinfection of premises and conveyances, shall be on file with the department, in hard copy or electronically prior to initial licensing or license renewal and shall be re-submitted upon any change in program content.

Source. #12555, eff 6-21-18

Agr 1905.02 Access to Veterinary Care.

(a) At each license renewal, the license holder shall submit with the application a written statement signed by an accredited veterinarian, licensed in New Hampshire, stating that the veterinarian shall be available to provide veterinary care as necessary.

(b) The license holder shall inform the department of any change in veterinarian within 30 days of said change.

Source. #12555, eff 6-21-18

PART Agr 1906 INSPECTIONS

Agr 1906.01 Inspections and Inspection Records.

(a) Each license holder shall comply with RSA 427:48 while hauling any livestock.

(b) Each license holder shall submit premises, buildings, conveyances, and animals to inspection, or a combination thereof, at any such times as the commissioner may deem necessary and advisable.

(1) Records for compliance with RSA 427:41 and Agr 1904;

(2) Premises for compliance with RSA 435:11-16 and Agr 3700 for equines and with RSA 644:8, “acts or omissions injurious or detrimental to the health, safety or welfare of any animal, including the abandoning of any animal without proper provision for its care, sustenance, protection or shelter”, for all animals; and

(3) Species, age, breed, gender, description, and official identification numbers of animals.

(c) Records shall be maintained at the licensed premises or in the licensed conveyance for a minimum of one year after the date of transfer. Such records shall be available upon request for inspection at the licensed premises by the department during reasonable times.

(d) The inspection report shall be signed by the owner or owner’s agent acknowledging that they have read the report, understand its content, and will correct any non-compliant issues raised in the report.

Source. #12555, eff 6-21-18

PART Agr 1907 COMPLAINTS AGAINST LICENSED LIVESTOCK DEALERS

Agr 1907.01 Forms of Complaints. Complaints shall be handled under Agr 200.

Source. #12555, eff 6-21-18 (formerly Agr 1903.01)

PART Agr 1908 SLAUGHTER OF CERVIDAE AND BISON

Agr 1908.01 Slaughter of Cervidae and Bison

(a) All slaughter of Cervidae and bison shall be in compliance with the provisions of RSA 427:33 and RSA 427:34.

(b) For the purpose of this section, “slaughterer” as defined in RSA 427:33, I shall include propagators of Cervidae and bison permitted under the provisions of fish and game rules Fis 800.

(d) The slaughter of Cervidae shall be by methods that provide for the collection of tissue samples necessary for testing for the incidence of chronic wasting disease.

(e) The slaughter of Cervidae and bison shall not be attempted from a distance in excess of 50 yards.

(f) Animals held in a confined fashion such as in a so-called “squeeze chute”, where animals are held immediately prior to slaughter, shall not be subject to fence height restrictions.

Source. #12555, eff 6-21-18 (formerly Agr 1904.01)

APPENDIX

Rule	Specific State Statute which the Rule is Intended to Implement

Agr 1901-1902	RSA 427:38-46
Agr 1903	RSA 427:39-40, RSA 427:42
Agr 1904-1906	RSA 427:41
Agr 1907	RSA 427:42
Agr 1908	RSA 427:33-34