CHAPTER Agr
500 WEEKLY
MARKET BULLETIN
Statutory Authority: RSA 425:21-a, RSA 541-A:16, I(b)
PART Agr 501 WEEKLY MARKET BULLETIN PURPOSE AND
DEFINITIONS
REVISION NOTE:
Document #6039, effective 7-1-95, made extensive additions
to the rules in Part Agr 501 and readopted other rules which had expired, and
made some amendments. Document #6039
added sections Agr 501.11 and Agr 501.18 through Agr 501.26. Document #6039 supersedes all prior filings
for the sections in this part. The prior
filings for rules within former Part Agr 501 include the following documents:
#1236, eff 11-1-78
#1847, eff 11-1-81
#2521, eff 11-1-83
#2540, eff 11-21-83
#4429, eff 6-1-88
#4853, eff 6-28-90
The following rules now contained in Document #6039 were
out of effect between June 1, 1994 and July 1, 1995:
Agr 501.01
Agr 501.02(a)(1)-(16)
Agr 501.02(b)(1)-(8)
Agr 501.02(c)-Agr
501.03(aa)
Agr 501.04-Agr 501.10
Agr 501.12 (from former
Agr 501.11)
Agr 501.13(a)-(c) (from
former Agr 501.12(a)-(c))
Agr 501.14-Agr 501.17
(from former Agr 501.13 through Agr 501.16
Agr 501.01 Purpose. The purpose of this chapter is to set forth
the requirements for subscribing to, and advertising in, the Weekly Market
Bulletin.
Source. (See Revision Note at part heading for Agr
501) #6039, eff 7-1-95; ss by #6674, eff 3-1-98, EXPIRED: 3-1-06
New. #9616, eff 12-22-09
Agr
501.02 Definitions. In this chapter the following terms shall
have the following definitions:
(a)
"Agriculture" means "agriculture" as defined in RSA
21:34-a, II;
(b)
"Bulletin" means the "Weekly Market Bulletin", an
agricultural news weekly published by the New Hampshire Department of
Agriculture, Markets and Food;
(c) "Dealer in
equipment" means a person or entity engaging in the manufacture, sale or
resale of agricultural equipment or machinery;
(d) "Dealer in
livestock" means a person or entity engaging in the business of re-selling
livestock but not involved in raising said livestock;
(e) "Dealer in
crops” means a person or entity engaging in the business of reselling crops,
including hay, forage crops, firewood
and cordwood, but not involved in raising said crops;
(f)
"Department" means the New Hampshire Department of
Agriculture, Markets and Food;
(g) "Farm"
means "farm" as defined in RSA 21:34-a, I;
(h) "Farm land and real estate" means
real property located in New Hampshire:
(1) Consisting in farms, pastures, woods, timber
lots or any combination of these; and
(2) Meeting one of the following descriptions:
a. A tract of land of at least 10 acres actively
devoted to agriculture; or
b. A tract of land actively devoted to
agriculture which normally yields products having an annual gross value
totaling at least $2,500 combined with no more than 10 additional acres of
contiguous undeveloped land;
(i) "Farm
products" means products grown, raised, produced or processed on a farm;
and
(j) "Nursery
stock" means any woody or herbaceous plant material being offered for
sale, as further defined in Agr 2501.02(i).
Source.Source
(See Revision Note at part heading for Agr
501) #6039, eff 7-1-95; ss by #6674, eff 3-1-98, EXPIRED: 3-1-06
New. #9616, eff 12-22-09 (from Agr 501.01)
PART Agr 502 WEEKLY MARKET BULLETIN SUBSCRIPTIONS
Agr
502.01 Subscription to the Weekly
Market Bulletin.
(a) A subscription
to the bulletin shall be:
(1) For one year or for a maximum of 2 years; and
(2) For full-year periods only and not for a part
of a year, beginning with the Wednesday issue one week after the department's
receipt of the subscription order.
(b) The price of an
annual subscription shall be:
(1) If the bulletin is received by the subscriber
through the mail, $28.00; and
(2) If the bulletin is accessed by the subscriber
electronically, $22.00.
(c) A subscription
shall be placed in one of the following ways:
(1) Delivered by hand to the department's office
located in room 220 on the second floor of the State House Annex at:
25 Capitol Street
Concord, New Hampshire;
(2) Mailed to the department at:
PO Box 2042
Concord, New Hampshire 03302-2042;
(3) Telephoned to the department by calling
603-271-2505 and providing credit card information for a Visa® card or a
Mastercard® card; or
(4) Ordered on the internet by following the
directions appearing on the screen as a result of clicking on the words
"Weekly Market Bulletin subscription" which appear on the
department's homepage at www.agriculture.nh.gov.
(d) Payment for a
subscription shall be:
(1) In cash;
(2) By Visa® card or Mastercard® credit card; or
(3) By money order or check made payable to
"Treasurer, State of New Hampshire".
(e) The department
shall not refund the price, or any part of the price, of a subscription to the
bulletin.
(f) A subscription
shall be renewed by any of the methods available for initial subscription.
Source. #9616, eff 12-22-09
PART Agr 503 WEEKLY MARKET BULLETIN ADVERTISING
Agr 503.01 Topics
for Advertising in the Weekly Market Bulletin. The department shall accept information for
advertising in the bulletin which is about:
(a) The agricultural
items and services described in Agr 503.03; and
(b) Coming
agricultural events, excluding:
(1) Horse shows;
(2) Trail rides;
(3) Old home days;
(4) Foliage tours; and
(5) Commercially sponsored events.
Source. #9616, eff 12-22-09
Agr 503.02 Advertisement
Information Accepted from Certain Advertisers.
(a) The department
shall accept advertising information for any type of advertisement described in
Agr 503.01 and Agr 503.03 only from New Hampshire residents who are current
subscribers to the bulletin.
(b) The department
shall accept advertising information pertaining to their products on a one time
in every 4 weeks basis from dealers in equipment, livestock and crops if the
dealers are current subscribers and New Hampshire residents.
(c) The department
shall accept advertising information about agricultural products and items and
about property for sale by out-of-state people and entities if:
(1) The sellers are current subscribers to the
bulletin and are not dealers in livestock or equipment;
(2) The products, items or property are located
within New Hampshire; and
(3) The New Hampshire location of the products,
items or property is specified.
(d) The department
shall also accept the following types of advertising information from
out-of-state people and entities who are not dealers in livestock or equipment:
(1) "Wanted", that is, information
about agricultural products, items and services which are sought;
(2) "Help wanted", that is,
agricultural jobs which are available;
(3) "Position wanted", that is,
agricultural labor which is available; and
(4) Information about coming events.
Source. #9616, eff 12-22-09
Agr 503.03 Items
and Services to be Advertised in the Weekly Market Bulletin.
(a) The following
agricultural products, items and services shall be accepted for advertising in
the bulletin:
(1) Farm products, including:
a. Fruits and berries;
b. Vegetables;
c. Hay and grain;
d. Straw and bedding;
e. Silage;
f. Trees and greens;
g. Nursery stock, seeds and plants;
h. Cordwood and lumber;
i. Milk and milk products;
j. Eggs;
k. Honey;
l. Maple products;
m. Loam, manure and fertilizer;
n. Wool and mohair;
o. Hides, skins and pelts; and
p. Meat and meat products;
(2) Farm animals, including but not limited to:
a. Cows, calves, bulls, steers and oxen;
b. Horses;
c. Swine;
d. Sheep and goats;
e. Rabbits;
f. Bees;
g. Poultry, including:
1. Chickens;
2. Turkeys;
3. Ducks;
4. Geese;
5. Pheasants; and
6. Quail;
h. Working farm dogs;
i. Donkeys and mules;
j. Llamas;
k. Fish and other commercial aquaculture
products; and
l. Farmed deer and elk;
(3) Tools, supplies and equipment used to:
a. Till the soil or grow farm products; or
b. Process, pack or store agricultural or food
products;
(4) Farm land and real estate;
(5) Farm labor, excluding household help;
(6) Auctions of livestock sales, farm equipment
and complete farm-dispersal sales;
(7) Trucks and truck parts which are normally
used in the course of commercial agricultural operations for the transport of
agricultural commodities, livestock, supplies and equipment;
(8) Materials and fixtures suitable for use on
agricultural buildings only;
(9) Computerized agricultural equipment and
software designed for agricultural purposes;
(10) Tractors, loaders,
dozers, spreaders, harvesters, excavators and implements used in agriculture;
(11) Custom farm work, including land clearing and
improvement; and
(12) Equipment for the commercial processing of
food.
(b) Items not listed
above shall be considered for advertising if a clear agricultural use can be
demonstrated.
(c) Descriptions of
real estate for sale or wanted to buy submitted by real estate agents or brokers
shall not be accepted for advertising in the bulletin, even if the real estate
is owned by the real estate agent or broker and even if it qualifies as farm
land and real estate as defined in Agr 501.02(h).
Source. #9616, eff 12-22-09
Agr 503.04 General
Requirements for the Submission of Advertising Information.
(a) There shall be
no charge for the submission of information for advertisement in the bulletin.
(b) Persons and
entities wishing to advertise agricultural items and services in the bulletin
shall submit the following information:
(1) A description of the agricultural item or
service wanted or offered:
a. Typed or printed legibly; and
b. Stated in 40 words or fewer;
(2) The price sought for a specified unit, number
of units or volume of the item or service;
(3) If an item or service is offered in exchange
for another item or service, the value of the item or service offered;
(4) If a service is sought, the payment offered
for the service;
(5) The name, address and
telephone number of the person or entity requesting the advertisement; and
(6) Any additional information required by Agr
503.07 through Agr 503.17.
(c) If more than one item or service is to be
advertised:
(1) The information for each advertisement shall
be submitted separately, using the advertising classifications ordinarily used
by the bulletin; and
(2) Listing the name and address for each
advertisement directly after the description of the item or service.
(d) If a person or
entity wishes to advertise nursery stock for sale:
(1) The person or entity shall be licensed by the
division of plant industry; or
(2) The plant material for sale shall have been
inspected by a division inspector and found free of injurious insects and
diseases.
(e) Information
submitted for bulletin advertising shall be truthful and accurate.
(f) In information
submitted for bulletin advertising, the following special terms shall be used
only in the following ways:
(1) The terms "native",
"local", "locally grown" and "locally produced"
shall be used only for farm products grown, raised or produced in New
Hampshire;
(2) The term "our own" shall be used
only when the information is being submitted for bulletin advertising by the
grower or producer of the farm product; and
(3) The term "organic" shall be used
only if the product to be advertised for sale has been grown, raised or
produced by:
a. An operation certified as organic by a USDA
certifier; or
b. An operation which:
1. Has a gross agricultural income from sales of
organic products of $5,000 or less annually; and
2. Complies with federal requirements for
organic production and handling.
(g) Information for
bulletin advertising shall be submitted by:
(1) Delivering it to the department's office
located in room 220 on the second floor of the State House Annex at:
25 Capitol Street
Concord, New Hampshire;
(2) Mailing it to the department at:
PO Box 2042
Concord, New Hampshire
03302-2042;
(3) Faxing it to the department using the fax number
271-1109; or
(4) E-mailing it the department at
marketbulletin@agr.state.nh.us.
Source. #9616, eff 12-22-09
Agr 503.05 Limitations
on Advertising.
(a) Information
submitted to the department for bulletin advertising shall be published in a single
issue of the bulletin, but the same information may be re-submitted for
advertisement in a later non-consecutive issue.
(b) A single
advertiser shall be limited to 80 words of advertising in a single calendar
month.
Source. #9616, eff 12-22-09
Agr 503.06 Publishing
and Editing by the Department; Non-Liability of the Department.
(a) If advertising
information is received by the department before 4 PM on Thursday, the
department will make every effort to include it in the following week's
bulletin.
(b) The department
shall edit and organize for clarity and efficiency all advertising information
submitted.
(c) If there is not
enough space in the bulletin to publish all submissions for a particular week's
issue:
(1) Advertisements for the sale of livestock and
farm crops shall have priority over
advertisements for the
sale of horse tack, trucks and truck parts and equipment; and
(2) Advertisements not published in the issue for
which they were submitted shall be published in the following week's issue.
(d) The department
shall not be liable for the success of any transactions made or attempted in
response to advertisements in the bulletin.
(e) Sellers entering
into transactions as a result of bulletin advertising shall accept checks, part
payments and contracts at their own risk.
Source. #9616, eff 12-22-09
Agr 503.07 Information
About Raw Milk and Raw Milk Products.
The information submitted about raw milk and raw milk products shall
include the license number authorizing the sale of raw milk and raw milk
products issued by the department of health and human services.
Source. #9616, eff 12-22-09
Agr 503.08 Information
About Apples and Potatoes. The
information submitted about apples and potatoes shall include:
(a) The variety, if
known; and
(b) The USDA grade,
if known.
Source. #9616, eff 12-22-09
Agr 503.09 Information
About Eggs. The information
submitted about eggs shall include the USDA size classification, if known.
Source. #9616, eff 12-22-09
Agr 503.10 Information
About Maple Syrup and Maple Flavored Products.
(a) The information
submitted about maple syrup shall include the New Hampshire grade, if known.
(b) The information
submitted about maple flavored products shall comply with RSA 429:16, II and
III.
Source. #9616, eff 12-22-09
Agr 503.11 Information
About Honey, Honey Products and Honey Flavored Products.
(a) The information
submitted about honey and honey products shall include the USDA grade, if
known.
(b) The information
submitted about honey flavored products shall comply with RSA 429:22, II.
Source. #9616, eff 12-22-09
Agr 503.12 Information
About Meat and Meat Products. The
information submitted about meat and meat products shall include the plant
number of the plant where the product was processed and passed inspection by
the United States Department of Agriculture.
Source. #9616, eff 12-22-09
Agr 503.13 Information
About Non-Water-Fowl Poultry. The
information submitted about non-water-fowl poultry shall include the following:
(a) For poultry
under 20 weeks of age, a photocopy of a veterinary certificate attesting that
the birds are from pullorum-free stock; and
(b) For poultry 20
weeks of age or older, a veterinary certificate of negative pullorum test.
Source. #9616, eff 12-22-09
Agr 503.14 Information
About Working Farm Dogs and Working Farm Dog Stud Services.
(a) The information
submitted about working farm dogs offered for sale shall include:
(1) In the case of a dog a year old or older:
a. Written certification by the owner that the
dog is capable of herding and yarding livestock;
b. A description of the dog's skills at herding
and yarding; and
c. The livestock species the dog is experienced
in herding and yarding.
(2) In the case of a dog younger than a year:
a. Written certification by the owner that the
dog is descended from parents which have demonstrated an ability to herd and
yard livestock; and
b. A description of the herding and yarding
skills of the dog's parents.
(b) The information
submitted about working farm dog stud services on offer shall include:
(1) The information specified in (a)(1) above;
and
(2) The fee for stud services.
Source. #9616, eff 12-22-09
Agr 503.15 Information
About Farm Land and Real Estate. The
information submitted about farm land and real estate offered for sale shall be
on a completed department-issued form:
(a) Bearing the
notarized signature of the property owner; and
(b) Including the
following:
(1) A description of the property to be
advertised; and
(2) A statement of certification that:
a. The signer is not a real estate agent or real
estate broker; and
b. The signer is the present legal owner of the
property described.
Source. #9616, eff 12-22-09
Agr 503.16 Information
About Computerized Agricultural Equipment and Software Designed for
Agricultural Purposes. The
information submitted about computerized agricultural equipment and software designed for agricultural purposes shall
include a description of the equipment or of the capabilities of the software
sufficiently detailed to show how the equipment or the software facilitates
farm accounting, farm record keeping or farm information management.
Source. #9616, eff 12-22-09
Agr 503.17 Information About Nursery Stock. The information submitted about nursery stock
for sale shall include:
(a) The division of
plant and industry nursery license number; or
(b) A statement that
the plant material for sale was inspected by a plant industry division
inspector on a specified date and found free of injurious insects and diseases.
Source. #9616, eff 12-22-09
Appendix
Rule |
Statute Implemented |
Agr
501 |
RSA
541-A:7 |
Agr
502 |
RSA
541-A:16, I.(b) |
Agr
503.01 |
RSA
425:2, IV.; RSA 425:4, VI.; RSA 425:21-a |
Agr
503.02 through Agr 503.04(e) |
RSA
541-A:16, I.(b) |
Agr
503.04(f)(1) |
RSA
426:5 |
Agr
503.04(f)(2) through Agr 503.10(a) |
RSA
541-A:16, I.(b) |
Agr
503.10(b) |
RSA
429:16, II. and III. |
Agr
503.11(a) |
RSA
541-A:16, I.(b) |
Agr
503.11(b) |
RSA
429:22, II. |
Agr
503.12 through Agr 503.17 |
RSA
541-A:16, I.(b) |