CHAPTER
Agr 900 STANDARDS FOR FARM
PRODUCTS: BRANDS, LABELS, GRADES
Statutory
Authority: RSA 426:1, 428:27, 434:16,
434:19; 434:59, III and 434:60
PART
Agr 901 APPLES - EXPIRED
Agr
901.01
Source. #4067, eff 6-5-86; ss by 4547, eff 12-16-88,
EXPIRED: 12-16-94
New. #6170, eff 1-24-96, EXPIRED: 1-24-04
Agr
901.02
Source. #4067, eff 6-5-86; ss by #4547, eff 12-16-88,
EXPIRED: 12-16-94
Agr
901.03 Grades.
Source. #4067, eff 6-5-86; ss by #4547, eff 12-16-88;
amd by #5705, eff 9-21-93, EXPIRED: 9-21-99
Agr
901.04 - 901.05
Source. #4067, eff 6-5-86; ss by #4547, eff 12-16-88,
EXPIRED: 12-16-94
Agr
901.06 Tolerances.
Source. #4067, eff 6-5-86; ss by #4547, eff 12-16-88;
amd by #5705, eff 9-21-93, EXPIRED: 9-21-99
Agr
901.07 - 901.10
Source. #4067, eff 6-5-86; ss by #4547, eff 12-16-88,
EXPIRED: 12-16-94
PART
Agr 902 - RESERVED
PART
Agr 903 HONEY - EXPIRED
Agr
903.01 - Agr 903.03
Source. #6977, eff 4-21-99, EXPIRED: 4-21-07
PART
Agr 904 MAPLE
SYRUP
Statutory
Authority: RSA 426:1, RSA 429:25
Agr
904.01 Purpose: These rules implement the procedures of the
department of agriculture, markets and food, pursuant
to RSA 429:13 et seq., relative to grading, labeling, packaging and sale
of maple products in
Source. #1681, eff 1-1-81; ss by #2186, eff 12-10-82;
ss by #2656, eff 3-23-84, EXPIRED 3-23-90
New. #4956, eff 10-19-90; EXPIRED 10-19-96
New. #6453, eff 2-15-97, EXPIRED: 2-15-05
New. #10744, eff 12-16-14
Agr
904.02 Applicability: These rules shall apply to any person who
produces, packages or distributes maple products for
sale or distribution in the state, except as stated in Agr
904.05 (a).
Source. #1681, eff 1-1-81; ss by #2186, eff 12-10-82;
ss by #2656, eff 3-23-84, EXPIRED 3-23-90
New. #4956, eff 10-19-90; EXPIRED 10-19-96
New. #6453, eff 2-15-97, EXPIRED: 2-15-05
New. #10744, eff 12-16-14
Agr
904.03 Definitions: The following words shall have the meanings
indicated when used in this part:
(a)
“Act” means RSA 429:13-27;
(b)
“Baume” means a measurement that relates the density of a liquid to that
of a salt solution;
(c)
“Brix” means a measurement of the percent of soluble solids in a liquid;
(d)
“Buddy” or “Buddiness” means the unpleasant
flavor characteristics of syrup or sugar made from sap collected from maple
trees as they come out of dormancy, just prior to and during the onset of bud break;
(e)
“Clean” means that the syrup is practically free from foreign material;
(f)
“Color comparator” means any device that compares an unknown color with
that of a standard color sample for comparison purposes;
(g)
“Color standards” means the standards for maple syrup promulgated
through regulation by the commissioner;
(h)
“Commercial sugarmaker” means a person who
collects or purchases maple sap for maple production and sale;
(i) “Damage” means any defect that affects the
color, appearance, flavor, aroma, edibility or shipping quality of the maple
syrup or maple products. Damage includes
the presence of fermentation, or any buddy flavor, scorched flavor, or other
distasteful foreign flavor;
(j)
“Maple packer” means a person who purchases and packs or further
processes maple syrup for sale;
(k)
“Maple products” means only maple syrup, maple sugar, maple cream, or
any other product in which the sugar content is entirely derived from pure
maple sap and to which nothing has been added. Maple products include products
subjected to the use of filter aids used for the sole purpose of assisting the
removal of suspended material or the use of defoaming agents intended for food processing;
(l)
“Maple syrup” means syrup with a density ranging from 36 to 37 degrees
Baume or 66.9 to 68.9 degrees Brix at 60 degrees Fahrenheit, which is made from
pure maple sap and intended for human consumption or for use in the manufacture
of maple products;
(m)
“Packaged maple syrup” means maple syrup packed in consumer sized
containers of one gallon or less;
(n)
“Plainly and conspicuously” means that the lettering used to cover
information required by the law on markings is large and legible enough so as
not to be obscured by other markings or illustrations used;
(o)
“Practically clear” means slight presence in suspension of fine
particles of mineral matter, such as malate of lime, niter, sugar sand or other
substances that detract from the clearness of the syrup;
(p)
“Practically free” means slight presence of foreign material such as
bark, soot, dust or dirt;
(q) “Product code” means any
distinctive combination of letters, numbers, or symbols, or any combination,
from which the origin of the manufacture, processing, packing, holding, and
distribution of a batch or lot of syrup can be determined;
(r)
“Serious damage” means any defect that seriously detracts from the
edibility, marketability, purity, or safety of the syrup and includes badly
scorched syrup, buddy syrup, fermented syrup or syrup that has distasteful
foreign flavor or disagreeable odor.
Source. #1681, eff 1-1-81; ss by #2186, eff 12-10-82;
ss by #2656, eff 3-23-84, EXPIRED 3-23-90
New. #4956, eff 10-19-90; EXPIRED 10-19-96
New. #6453, eff 2-15-97, EXPIRED: 2-15-05
New. #10744, eff 12-16-14
Agr
904.04 Color Standards.
(a)
Color standards with the equivalent results to the following light
transmittance values (%Tc) on a spectrophotometer shall be as follows:
(1) “Golden” ≥75.0;
(2) “Amber” 50.0-74.9;
(3) “Dark” 25.0-49.9; and
(4) “Very Dark” <25.0.
(b)
A color comparator shall be used for determining the color grade of
maple syrup.
Source. #2656, eff 3-23-84, EXPIRED 3-23-90
New. #4956, eff 10-19-90; EXPIRED 10-19-96
New. #6453, eff 2-15-97, EXPIRED: 2-15-05
New. #10744, eff 12-16-14
Agr
904.05 Maple Syrup Grades Established.
(a)
By January 1, 2016, maple producers shall apply the maple grades as
specified in (b) through (f) below to all pure maple syrup.
(b)
“Grade A Golden Color, Delicate Taste” shall have the following
characteristics:
(1) The syrup shall be pure maple syrup that is
clean and practically clear or better;
(2) The color shall be as light as or lighter in
color than the golden color as described in Agr
904.04, and have a delicate or mild taste;
(3) The syrup shall be practically free from
damage caused by objectionable odor or flavor, such as but not limited to
scorching, buddiness or bitterness; and
(4) The syrup shall be free from serious damage.
(c)
“Grade A Amber Color, Rich Taste” syrup shall
have the following characteristics:
(1) The syrup shall be pure maple syrup that is
clean and practically clear or better;
(2) The color shall be darker in color than
golden, but shall be no darker than the amber color as described in Agr 904.04, and have a rich or full-bodied taste;
(3) The syrup shall be practically free from
damage caused by objectionable odor or flavor, such as but not limited to
scorching, buddiness, or bitterness; and
(4) The syrup shall be free from serious damage.
(d)
“Grade A Dark, Robust Taste” syrup shall have the following
characteristics:
(1) The syrup shall be pure maple syrup that is
clean and practically clear or better;
(2) The color shall be darker in color than
amber, but shall be no darker than the dark color as described in Agr 904.04, and have a robust or strong taste;
(3) The syrup shall be practically free from
damage caused by objectionable odor or flavor, such as but not limited to
scorching, buddiness, or bitterness; and
(4) The syrup shall be free from serious damage.
(e)
“Grade A Very Dark, Strong Taste” syrup shall have the following
characteristics:
(1) The syrup shall be pure maple syrup that is
clean and practically clear or better;
(2) The color shall be darker in color than dark
as described in Agr 904.04, and have a very strong taste;
(3) The syrup shall be practically free from
damage caused by objectionable odor or flavor, such as but not limited to
scorching, buddiness, or bitterness; and
(4) The syrup shall be free from serious damage.
(f)
“Processing Grade” syrup shall have the following characteristics:
(1) The syrup shall be pure maple syrup that may
have objectionable odors or flavors;
(2) The syrup shall not be graded as grade A;
(3) The syrup shall not be placed in packaged
maple syrup containers and shall not be sold, offered for sale, or exposed for
sale as packaged maple syrup; and
(4) The syrup shall be designated or labeled as
“Processing Grade”.
Source. #2656, eff 3-23-84, EXPIRED 3-23-90
New. #4956, eff 10-19-90; EXPIRED 10-19-96
New. #6453, eff 2-15-97, EXPIRED: 2-15-05
New. #10744, eff 12-16-14
(from Agr 904.04)
Agr
904.06 Tolerances for Established
Grades.
(a)
In order to allow for variations incident to proper grading and
handling, not more than 10 percent by count of the packaged maple syrup in any
lot shall have syrup below the requirements for the grade, provided:
(1) There shall be no defects causing serious damage;
(2) None of the syrup shall be darker than the
color standard than that which is required of the next darker grade; and
(3) None of the syrup shall be lighter than the
color standard than that which is required of the next lighter grade.
(b)
Not more than 10 percent by count of the packaged maple syrup in any lot
shall be as light in density as 35.5 points Baume or 65.9 Brix at 60 degrees F.
Source. #1681, eff 1-1-81; ss by #2186, eff 12-10-82;
ss by #2656, eff 3-23-84, EXPIRED 3-23-90
New. #4956, eff 10-19-90; EXPIRED 10-19-96
New. #6453, eff 2-15-97, EXPIRED: 2-15-05
New. #10744, eff 12-16-14
(from Agr 904.05)
Agr
904.07 Labeling.
(a)
Any maple syrup, maple product, maple flavored product or artificial
maple flavored product label shall comply with applicable federal and state
statutes, regulations, and rules, relating to labeling and consumer fraud.
(b)
Artificial maple flavored products shall be clearly and conspicuously
labeled on their principal display panel or panels with the term “artificial
flavor” and meet the requirements of RSA 429:17.
(c)
Artificial maple flavored products shall be labeled as follows:
(1) The letters or words “artificial flavor”
shall be of a size equal to, or larger
than, other words used to describe the product;
(2) The terms, “maple syrup” or “maple sugar”,
however modified, shall not be used to describe an artificially-flavored
product; and
(3) Any restaurant menu listing such a product,
or any advertising of such a product, shall clearly state that the product is
artificially flavored, pursuant to RSA 429:16.
(d)
Persons wishing to determine whether the labels for maple products
comply with the terms of the law and these rules shall submit a copy of such
labels to the department of agriculture, markets and food prior to their
printing and use. If the label complies
with the terms of the law and these rules, the department shall certify its
compliance with the provisions of the law.
Source. #6453, eff 2-15-97, EXPIRED: 2-15-05
New. #10744, eff 12-16-14
(from Agr 904.06)
Agr
904.08 Containers.
(a)
All sap collecting and storage containers shall
be of materials meant for food or potable water.
(b)
All containers of packaged maple syrup shall:
(1) Be hot packed at a temperature of 180-190
degrees F;
(2) Be packed in containers made from food grade material;
(3) Have tamper evident seals placed over the
container openings, which means it would be readily apparent if it was
previously opened; and
(4) Include a product code.
(c) All maple syrup containers, caps and closures
shall:
(1)
Be clean;
(2) Be sanitary;
(3) Be free from rust;
(4) Not contain, or be constructed of, any
substance which could tend to damage the color, flavor, marketability, purity,
or safety of the maple syrup; and
(5) Be stored, prior to use, in a manner that
prevents contamination.
(d) Maple syrup shall not be packed in or found
to be in cracked, punctured, bulged, rusty, or unsanitary containers which are
unsealed or improperly sealed.
Source. #6453, eff 2-15-97, EXPIRED: 2-15-05
New. #10744, eff 12-16-14
(from Agr 904.07)
Agr
904.09 Bulk Maple Syrup.
(a)
Bulk maple syrup sold directly to consumers, restaurants, or any other
market where the syrup is not further processed before purchase by the consumer
shall meet the same density standards as packaged maple syrup.
(b) Bulk maple syrup sold directly to consumers,
restaurants, or any other market where the syrup is not further processed
before purchase by the consumer shall be labeled with the same information
required by RSA 429:14.
(c) The density of bulk maple syrup may range
from the equivalent of 35.5 points Baume (65.9 degrees Brix) to 37 points Baume
(68.9 degrees Brix) when the syrup temperature is 60 degrees Fahrenheit. When the density of bulk maple syrup does not
fall within this range the container shall be clearly marked “Notice- The syrup contained herein
fails to meet state density standards.
The density is ____ points Baume at 60 degrees Fahrenheit.” The accurate density for the syrup within the
bulk container shall be stated.
Source. #10744, eff 12-16-14
(from Agr 904.08)
Agr
904.10 Voluntary Registration.
(a)
(b)
Following receipt of a completed registration form, the department shall
provide each registrant with a “Voluntary Registration Certificate” which may
be displayed by the registrant or not at their option.
(c)
The registration shall be for a 6-year period.
Source. #10744, eff 12-16-14
PART
Agr 905 EGGS -
EXPIRED
Source. #5981, eff 2-2-95, EXPIRED: 2-2-03
PART
Agr 906 - RESERVED
Source. #4260, eff 4-30-87; ss by #4754, eff 1-30-90;
amd by #5056, eff 1-25-91; amd by #5598, eff 3-22-93; ss by #6268, eff 6-25-96;
rpld and reserved by #7838, eff 2-27-03
PART
Agr 907 CIDER
Statutory
Authority: RSA 434:40-b, 434:40-d
Agr 907.01 - 907.10
Source. #6588, eff 9-26-97, EXPIRED: 9-26-05
PART
Agr 908 GRADING AND CERTIFICATION OR
STAMPING OF NATIVE LUMBER - EXPIRED
Source. #6171, eff 1-24-96, EXPIRED: 1-24-04
PART
Agr 909 - RESERVED
Source. #6431, eff 1-21-97; rpld
and reserved by #7838, eff 2-27-03
PART Agr 910
CERTIFICATION OF PROCESSORS AND HANDLERS OF ORGANIC PLANT, ANIMAL, FOOD
OR FIBER COMMODITIES
Statutory
Authority: RSA 426:8
Agr 910.01 Purpose. These rules implement the procedures of the
department of agriculture, markets and food, pursuant
to RSA 426:8, for the certification of processors and handlers of agricultural
plant, animal, food or fiber commodities when adhering to these production
standards.
Source. #7408, eff 11-21-00; rpld
and reserved by #7838, eff 2-27-03
New. #8038, eff 2-10-04, EXPIRED: 2-10-12
New. #10181, INTERIM, eff 9-11-12, EXPIRED: 3-11-13
New. #10285, eff 3-12-13
Agr
910.02 Scope. These rules shall apply to any processor or
handler of agricultural plant, animal, food, or fiber commodities who is
required to participate in this program pursuant to RSA 426:6-b certification.
Source. #7408, eff 11-21-00; rpld
and reserved by #7838, eff 2-27-03
New. #8038, eff 2-10-04, EXPIRED: 2-10-12
New. #10181, INTERIM, eff 9-11-12, EXPIRED: 3-11-13
New. #10285, eff 3-12-13
Agr
910.03 Definitions. The following words shall have the meanings indicated
when used in this part:
(a) “Additional processing or handling facility”
means a satellite location whereby supplemental certified products can be
produced.
(b) “Commissioner” means the commissioner of
agriculture, markets and food of the state of
(c) “Department” means the
(d) “Handler” means any person engaged in the
business of handling agricultural products, including producers who handle
crops or livestock of their own production, except such term does not include
final retailers of agricultural products that do not process agricultural
products.
(e) “Handling operation” means any facility or
portion of a facility except final retailers of agricultural products that do
not process agricultural products, that receives or otherwise acquires
agricultural products and processes, packages, or stores such products.
(f) “On-farm processor” means a certified organic
farmer who is certified under Agr 911 and who processes
organic products at the same location whereby a minimum of 75% of the finished
product’s ingredients are organically produced by the certified organic
farmer. Such ingredients can include,
but are not limited to, crops, grains, or herbs.
(g) “Organic system plan” means a plan of
management of an organic production or handling operation that has been agreed
to by the producer or handler and the certifying agent and that includes
written plans concerning all aspects of agricultural production or handling
described in this part.
(h)
“Primary facility” means the principal location whereby a processor
produces the finished certified products, and is
considered the corporate headquarters.
(i) “Processing”
means cooking, baking, curing, heating, drying, mixing, grinding, churning,
separating, extracting, slaughtering, cutting, fermenting, distilling,
eviscerating, preserving, dehydrating, freezing, chilling, or otherwise
manufacturing and includes the packaging, canning, jarring, or otherwise enclosing
food in a container.
(j)
“Processor” means any person, including an on-farm processor, engaged in
the processing of agricultural ingredients into agricultural products. Such
products can include, but are not limited to, human or animal food, fiber
products, or personal care products.
Source. #7408, eff 11-21-00; rpld
and reserved by #7838, eff 2-27-03
New. #8038, eff 2-10-04, EXPIRED: 2-10-12
New. #10181, INTERIM, eff 9-11-12, EXPIRED: 3-11-13
New. #10285, eff 3-12-13
Agr 910.04 Certification of Processors and Handlers of
Agricultural Commodities.
The
definitions, standards and requirements for organic processors and handlers
shall be those established by the United States Department of Agriculture
(USDA) in 7 CFR 205, and in accordance
with the Organic Foods Production Act, (OFPA) of 1990, as amended, 7 U.S.C.
6501 et seq.
Source. #7408, eff 11-21-00; rpld
and reserved by #7838, eff 2-27-03
New. #8038, eff 2-10-04, EXPIRED: 2-10-12
New. #10181, INTERIM, eff 9-11-12, EXPIRED: 3-11-13
New. #10285, eff 3-12-13
Agr
910.05 Application and Review for
Certification.
(a) Applications for certification of processors,
handlers, and on-farm processors shall serve as the organic production or
handling system plan as described in Subpart C--Organic Production and Handling
Requirements, 7 CFR 205.
(b) The following shall apply to facilities or
individuals who wish to apply for and continue, organic processor, handler or on-farm processor certification through the
NHDAMF:
(1) Each applicant shall complete an organic
system plan for processors and handlers of organic products provided by the
NHDAMF:
(2) Each application shall be submitted to:
NHDAMF
Division of Regulatory Services
(3) Each applicant shall pay a non-refundable
certification fee as follows:
a. Processors and handlers, other than on-farm
processors, shall pay:
1. A $250.00 fee
for the primary facility; and
2. A $100.00 fee for each additional processing
or handling facility; and
b. On-farm processors shall pay a $50.00 fee;
(4) Each applicant for organic processor,
handler, or on-farm processor certification shall pay an inspection fee calculated by the NHDAMF as
follows:
a. rate of $35 per hour of inspection time,
including travel time, by the NHDAMF inspectors; and
b. Travel expenses to and from the applicant’s
facility at a rate of $0.55 per mile;
(5) The inspection fee shall be calculated after
the inspection visit is completed and subsequent inspection report(s) has been
filed with the NHDAMF;
(6) The inspection fee shall be payable within 30
days of the billing date; and
(7) Application submission may be at any time of
the year.
(c) An applicant for organic processor, handler,
or on-farm processor certification shall submit the following as part of the
application:
(1) The name of applicant and applicant’s
business name;
(2) The address, and if applicable, telephone,
fax and email of the applicant;
(3) A description of type of processing or
handling operation;
(4) A list of all organic processed products;
(5) A list of non-organic processed products, if applicable;
(6) A description of all product composition,
including all sources of ingredients;
(7) A product processing flow chart;
(8) A description of the methods used to prevent commingling of organic and nonorganic
products on a split operation;
(9) A list of the pest control products, and
practices used, if applicable;
(10) A description of the recordkeeping system implemented;
(11) Copies of any labels to be used for the sale
or advertising of organic products; and
(12) The applicant’s signature.
(d) The NHDAMF shall review all submitted
application information, and all inspection reports to determine compliance
with Agr 910 and 7 CFR 205. Approval or denial of
certification shall be made pursuant to 7 CFR 205.
Source. #7408, eff 11-21-00; rpld
and reserved by #7838, eff 2-27-03
New. #8038, eff 2-10-04, EXPIRED: 2-10-12
New. #10181, INTERIM, eff 9-11-12, EXPIRED: 3-11-13
New. #10285, eff 3-12-13
Agr
910.06 Continuation of Certification.
(a) To continue certification, a certified
processor, handler, or on-farm processor shall annually:
(1) Pay the certification and inspection fees in
the amount stated in Agr 910.05; and
(2) Submit the required information, in the
application form, to the NHDAMF as stated in 7 CFR 205.406.
(b) The NHDAMF shall review all submitted
application information, and all inspection reports to determine compliance
with Agr 910 and 7 CFR 205. Approval or denial of
certification shall be made pursuant to 7 CFR 205.
Source. #7408, eff 11-21-00; rpld
and reserved by #7838, eff 2-27-03
New. #8038, eff 2-10-04, EXPIRED: 2-10-12
New. #10181, INTERIM, eff 9-11-12, EXPIRED: 3-11-13
New. #10285, eff 3-12-13
Agr
910.07 Use of the USDA Organic Seal
and NHDAMF Organic Logo.
(a) A processor, handler, or on-farm processor
certified by the NHDAMF shall use the USDA organic seal, the NHDAMF certified
logo, or both, in accordance with Agr 910 and 7 CFR
205.
(b) Copies of proposed labels and advertisements,
which exhibit the USDA organic seal, the NHDAMF certified logo, or both shall
be submitted to the NHDAMF to determine compliance with this part.
Source. #7408, eff 11-21-00; rpld
and reserved by #7838, eff 2-27-03
New. #8038, eff 2-10-04, EXPIRED: 2-10-12
New. #10181, INTERIM, eff 9-11-12, EXPIRED: 3-11-13
New. #10285, eff 3-12-13
Agr
910.08 Recordkeeping.
(a) A certified processor, handling operation, or
on-farm processor shall maintain records as stated in 7 CFR 205.103.
(b) Certified processors, handling operations, or
on-farm processors that produce both organic and nonorganic agricultural
commodities shall maintain the following records:
(1) Separate production and sale records; and
(2) Procedures implemented to prevent the
commingling and contamination of the organic products from nonorganic products.
(c) Certified processors, handling operations, or
on-farm processors that sell, or otherwise store organic and nonorganic agricultural
commodities shall maintain the following:
(1)
(2) Records of the sources of such products.
Source. #7408, eff 11-21-00; rpld
and reserved by #7838, eff 2-27-03
New. #8038, eff 2-10-04, EXPIRED: 2-10-12
New. #10181, INTERIM, eff 9-11-12, EXPIRED: 3-11-13
New. #10285, eff 3-12-13
PART Agr 911
CERTIFICATION OF ORGANICALLY PRODUCED PLANT, ANIMAL, FOOD OR FIBER
COMMODITIES
Statutory
Authority: RSA 426:8
Agr
911.01 Purpose. These rules implement the procedures of the
department of agriculture, markets and food, pursuant
to RSA 426:8, allowing producers of agricultural plant, animal, food or fiber
commodities to label such items as organic when adhering to these production
standards.
Source. #7838, eff 2-27-03, EXPIRED: 3-27-11
New. #9988, INTERIM, eff 9-8-11, EXPIRED: 3-6-12
New. #10167, eff 8-3-12
Agr
911.02 Scope. These rules shall apply to any producer of
agricultural plant, animal, food, or fiber commodities who is required to
participate in this program as per RSA 426:6-b certification.
Source. #7838, eff 2-27-03, EXPIRED: 3-27-11
New. #9988, INTERIM, eff 9-8-11, EXPIRED: 3-6-12
New. #10167, eff 8-3-12
Agr
911.03 Definitions. The following words shall have the meanings
indicated when used in this part:
(a)
“Commissioner” means the commissioner of agriculture, markets and food
of the state of
(b) “NHDAMF” means the
(c)
“Organic system plan” means a plan of management of an organic
production or handling operation that has been agreed to by the producer or
handler and the certifying agent and that includes written plans concerning all
aspects of agricultural production or handling described in this part.
Source. #7838, eff 2-27-03, EXPIRED: 3-27-11
New. #9988, INTERIM, eff 9-8-11, EXPIRED: 3-6-12
New. #10167, eff 8-3-12
Agr
911.04 Organic Certification of
Agricultural Commodities.
(a)
The definitions, standards and requirements for
organically produced agricultural plant, animal, food or fiber commodities
shall be those promulgated by the United States Department of Agriculture’s
National Organic Program (NOP), Final Rule, 7 CFR part 205, and in accordance
with the Organic Foods Production Act, (OFPA) of 1990, as amended (7 U.S.C.
6501 et seq.).
Source. #7838, eff 2-27-03, EXPIRED: 3-27-11
New. #9988, INTERIM, eff 9-8-11, EXPIRED: 3-6-12
New. #10167, eff 8-3-12
Agr
911.05 Application for Certification.
(a)
Applications for certification of agricultural commodities shall serve
as the organic system plan as described in Subpart C--Organic Production and
Handling Requirements of the NOP
Final Rule, 7 CFR part 205.
(b)
The following shall apply to organizations or individuals who wish to
make application for organic certification through the NHDAMF:
(1) Each applicant shall describe his or her
organic system plan to the NHDAMF, as specified in Subpart C--Organic
Production and Handling Requirements of the NOP Final Rule, 7 CFR part 205;
(2) Each application shall be submitted to:
Department of
Agriculture, Markets & Food
(3) Each application shall be accompanied by a
nonrefundable certification fee of $100;
(4) Each application for organic maple,
horticultural and agronomic crops, and greenhouse production shall be
accompanied by an inspection fee as listed in Table 911-1 Inspection Fees For Organic Maple, Horticultural and Agronomic, and
Greenhouse Production:
Table 911-1
Inspection Fees for Organic Maple, Horticultural and Agronomic Crops, and
Greenhouse Production
Production Type |
Fee |
Fee |
Fee |
Fee |
Fee |
Fee |
|
$50 |
$100 |
$200 |
$300 |
$400 |
$500 |
Agronomic crops,
including hay & pasture; production # acres |
50 or less |
>50-100 |
>100-200 |
>200-300 |
>300-400 |
>400 |
Horticultural
crops, including fruits & vegetable; production # acres |
10 or less |
>10-25 |
>25-75 |
>75-100 |
>100-250 |
>250 |
# Maple Taps |
1000 or less |
>1000-2000 |
>2000-3000 |
>3000-5000 |
>5000-10,000 |
>10,000 |
# Sq. Ft.
controlled environ production |
2000 or less |
>2000-4000 |
>4000-6000 |
>6000-10,000 |
>10,000-20,000 |
>20,000 |
(5) Each application for organic livestock
production shall be accompanied by an inspection fee as listed in Table 911-2
Inspection Fees for Organic Livestock:
Table 911.2 Inspection Fees for Organic Livestock
|
Fee |
Fee |
Fee |
Fee |
Fee |
Fee |
|
$50 |
$100 |
$150 |
$200 |
$300 |
$400 |
Animal Units
(AU) |
<4 AU |
>4-20 AU |
>20-40
AU |
>40-60
AU |
>60-80
AU |
>80 AU |
(6) Inspection fees for livestock shall be
determined as indicated below:
a. To determine the number of animal units (AU)
per animal type, the applicant shall use Table 911.3:
Table 911.3 Animal Unit (AU) Equivalent
Animal type |
Animal Unit (AU)
Factor |
Beef Cow |
1.00 |
Dairy Cow |
1.40 |
Swine |
0.20 |
Sheep |
0.10 |
|
0.01 |
Chickens |
0.0025 |
b. An AU shall be calculated by multiplying the
number of animals by the animal’s respective AU factor, as in the formula
below:
# Animals of each
type x AU factor = total number AU’s for each animal
type
c. An AU shall represent 1000 pounds of live
animal weight.
(7) An applicant with multiple animal types shall
calculate the number of AU per species, then add these figures to get the total
number of AU to determine the inspection
fee; and
(8) Application submission deadlines shall be as
follows:
a. For field crop production the deadline shall
be March 1 of each year;
b. For maple products the deadline shall be
February 1 of each year; and
c. For other types of organic production as
listed in Tables 911-1 and 911-2 application submissions may be at any time of
year.
(c)
In addition to submitting the information and fees as required in Agr 911.05(b), an applicant for organic crop production
shall submit the following as part of the application:
(1) The name of applicant and applicant’s
business or farm name;
(2) The address, and if applicable, telephone,
fax and email of the applicant;
(3) Description of farming operation;
(4) The farm size in acres, number of fields or
greenhouses and a map showing the fields or greenhouses and building locations;
(5) A 3-year history of former and current crop
production, pest control and fertilizer practices for each field, sugarbush or greenhouse;
(6) A list of each substance to be used as a
production input, indicating its composition, source, location(s) where it will
be used and documentation of commercial availability, as applicable;
(7) A crop rotation and a soil management plan;
(8) A description of the recordkeeping system implemented;
(9) A description of management practices and
physical barriers utilized to prevent commingling of organic and nonorganic
products on a split operation;
(10) A description of any distinct, defined
boundaries and buffer zones as may be required by this part;
(11) A description of the management of plant,
mineral, animal, other materials used in the improvement of the soil;
(12) A description of the weed control practice standards;
(13) A description of harvest or post-production
handling methods of organic products;
(14) Copies of any labels to be used for the sale
or advertising of organic products; and
(15) The applicant’s signature.
(d)
In addition to submitting the information and fees as required in Agr 911.05(b), and Agr
911.05(c)(1),(2), (14) and (15), an applicant for organic maple production
shall submit the following as part of the application:
(1) Number of taps in the sugaring operation;
(2) The location and a map of each sugarbush from
which maple sap is obtained;
(3) If sap is received from the sugarbush of a
person other than the applicant, a statement from the landowner indicating the
landowner’s awareness of the conditions of these rules;
(4) A 3-year history, beginning with the current
year, indicating the number of taps per year and the total maple syrup
production per year in gallons;
(5) The sources and names of all defoamers,
cleansers and other substances used in the production of maple products; and
(6) The processing and packing procedures for any
maple products that are to be sold, labeled or
represented as organic.
(e)
In addition to submitting the information and fees as required in Agr 911.05(b) and Agr
911.05(c)(1),(2), (14) and (15), an applicant for organic mushroom production
shall submit the following as part of the application:
(1) Specie(s) of mushrooms to be produced;
(2) Mushroom production methods; and
(3) The sources and composition of logs, substrate or other growing media.
(f)
In addition to submitting the information and fees as required in Agr 911.05(b), and Agr
911.05(c)(1),(2), (14) and (15), an applicant for organic livestock production
shall submit the following as part of the application:
(1) Place of origin of livestock;
(2) Sources of all organic feeds, silage, hay,
pasture and other feed ingredients;
(3) All livestock health care practices,
including the source(s) and name(s) of substances administered and the date(s)
and rate(s) of application;
(4) A description of the housing and living
conditions appropriate to the livestock species;
(5) Processing and packing procedures for any
livestock products that are to be sold, labeled or
represented as organic; and
(6)
Source. #7838, eff 2-27-03, EXPIRED: 3-27-11
New. #9988, INTERIM, eff 9-8-11, EXPIRED: 3-6-12
New. #10167, eff 8-3-12
Agr
911.06 Continuation of Certification. To continue certification, a certified
operation shall annually:
(a)
Pay the certification and inspection fees as stated in Table 911-1 and
Table 911-2; and
(b)
Submit the required information, as applicable, to the NHDAMF as stated
in Section 205.406 Continuation of Certification of the NOP Final Rule,
7 CFR part 205.
Source. #7838, eff 2-27-03, EXPIRED: 3-27-11
New. #9988, INTERIM, eff 9-8-11, EXPIRED: 3-6-12
New. #10167, eff 8-3-12
Agr
911.07 Use of the USDA Organic Seal
and NHDAMF Organic Logo.
(a)
A person certified by the NHDAMF shall use the USDA organic seal in
accordance with the NOP Final Rule, 7 CFR part 205.
(b)
A person certified by the NHDAMF may use the NHDAMF certified logo on
agricultural commodities certified in accordance with this part, subject to the
following conditions:
(1) No hand-drawn NHDAMF logo shall appear on an
in-store sign; and
(2) Requests for use of the NHDAMF logo on the
certified producer’s advertising material shall be submitted in writing to the
department.
(c)
Copies of proofs, which exhibit the USDA organic seal and/or the NHDAMF
certified logo, shall be submitted to the NHDAMF.
Source. #7838, eff 2-27-03, EXPIRED: 3-27-11
New. #9988, INTERIM, eff 9-8-11, EXPIRED: 3-6-12
New. #10167, eff 8-3-12
Agr
911.08 Recordkeeping.
(a) A certified operation shall maintain records
as stated in Section 205.103 Recordkeeping by Certified Operations, of
the NOP Final Rule, 7 CFR part 205.
(b)
Certified operations that produce both organic and nonorganic
agricultural commodities shall maintain the following records:
(1) Separate production and sale records; and
(2) Procedures implemented to prevent the
commingling and contamination of the organic products from nonorganic products.
(c)
Certified operations that sell organic and nonorganic agricultural
commodities shall maintain the following records:
(1)
(2) The sources of such products.
Source. #7838, eff 2-27-03, EXPIRED: 3-27-11
New. #9988, INTERIM, eff 9-8-11, EXPIRED: 3-6-12
New. #10167, eff 8-3-12
APPENDIX
Rule |
|
|
|
Agr 904.
01-Agr 904.06 |
RSA
429:13-16 |
Agr
904.07-Agr. 904.08 |
RSA
429:14, RSA 429:16 |
Agr 904.09 |
RSA
429:14, RSA 429: 15 |
Agr 904.10 |
RSA
429: 13-a |
|
|
Agr 910.01-Agr
910.03 |
RSA 426:8 |
Agr 910.04 |
RSA 426:6-b, I |
Agr 910.05 |
RSA 426:6, RSA
426:8 |
Agr 910.06-Agr
910.07 |
RSA 426:6-a |
Agr 910.08 |
RSA 426:6-b, I |
|
|
Agr 911.01-Agr
911.03 |
RSA 426:8 |
Agr 911.04 |
RSA 426:6-b, I |
Agr 911.05 |
RSA 426:6 and
RSA 426:8 |
Agr 911.06 - Agr 911.07 |
RSA 426:6-a |
Agr 911.08 |
RSA 426:6-b, I |