426:1 Official Grades and Standards. – The commissioner of agriculture, markets, and food, whenever, in the commissioner’s opinion, the public good so requires, may adopt rules, pursuant to RSA 541-A, establishing official grades and standards for farm products which are produced within the state for purposes of sale. Source. 1985, 72:1. 1995, 130:5. 1997, […]
426:10 Penalties. – I. Any person who, personally or by a servant or agent, violates any provision of this chapter or rule adopted under this chapter 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 […]
426:2 Brands and Labels. – When such grades and standards are so established, the commissioner may determine the design of brands or labels for identifying such farm products, may cause said brands or labels to be printed and may authorize their use upon written application and payment of reasonable compensation therefor. Whenever upon investigation […]
426:3 Publication. – The establishment of such grades and standards and the determination of the design for such brands or labels shall not be effective until reasonable notice by publication has been given. The commissioner may distribute information relative to such grades, standards, brands and labels. Source. 1985, 72:1, eff. July 1, 1985.
426:4 Use of Brands and Labels Restricted. – After the establishment of grades and standards and the determination of the design of the brands or labels as provided in this chapter, it shall be unlawful to use such brand or label to identify farm products as being of an established grade or standard without […]
426:5 Use of Words "Native," "Local," and "Our Own." – I. No farm products sold, offered, or exposed for sale or distribution in the state shall be advertised, labeled, or described as "native" unless they were grown or produced in the state of New Hampshire. II. It shall be unlawful to advertise, label, or […]
426:6 Definition. – In this chapter, " organic " means an agricultural plant, animal, food, or fiber commodity produced in accordance with the Organic Foods Production Act of 1990, Public Law 101-624 , and the United States Department of Agriculture’s National Organic Program, Final Rule, 7 CFR part 205. Source. 1985, 72:1. 1986, 20:1, […]
426:6-a Labeling and Advertising. – An agricultural plant, animal, food, or fiber commodity shall not be sold or labeled as organic unless it meets the requirements set forth in the Organic Foods Production Act of 1990, Public Law 101-624 , and the United States Department of Agriculture’s National Organic Program, Final Rule, 7 CFR […]
426:6-b Certification. – I. Any producer, processor, on-farm processor or handler of agricultural plant, animal, food, or fiber commodities that are sold, labeled, or represented as "100 percent organic," "organic," "made with organic," or similar terms, shall be enrolled in a certification program which includes an inspection made no less than annually, by a […]
426:6-c Regulatory Services Promotional Products Fund. – There is established a separate, nonlapsing fund to be known as the regulatory services promotional products fund. The fund shall be continually appropriated to the commissioner of the department of agriculture, markets and food for the purpose of administering specialty agricultural programs and providing promotional products to […]
426:6-d Organic Processors-Handlers Certification Fund. – There is established a separate, nonlapsing fund to be known as the organic processors-handlers certification fund. The fund shall be continually appropriated to the commissioner of the department of agriculture, markets and food for the purpose of administering the certification program for organic processors and handlers. Certification and […]
426:7 Inspections. – The commissioner may employ inspectors to inspect farm products, marked, branded or labeled in accordance with official grades or standards so established, for the purpose of determining and certifying the quality and condition thereof and other material facts relative thereto. Upon such investigation, the inspector may issue a certificate which shall […]
426:7-a Stop Sale, Use or Removal Orders. – When the commissioner or the commissioner’s authorized agent has reasonable cause to believe farm products advertised as "native," "local," "locally grown," "our own," or "locally produced" are being distributed in violation of any of the provisions of this chapter, or of any of the rules adopted […]
426:8 Rulemaking; Fees. – The commissioner may adopt rules, pursuant to RSA 541-A, for carrying out the provisions of this chapter. Source. 1985, 72:1, eff. July 1, 1985. 2002, 38:4, eff. April 19, 2002. 2003, 177:3, eff. Aug. 22, 2003; 177:6, eff. July 1, 2007. 2013, 136:4, eff. June 27, 2013.
426:8-a Organic Processors and Handlers; Fees. – I. Each applicant under RSA 426:6-b shall pay a certification fee as follows: (a) Processors and handlers which are not on-farm processors shall pay: (1) A $250 fee for the primary facility; and (2) A $100 fee for each additional processing or handling facility. (b) On-farm processors […]
426:9 Free Access. – The commissioner, deputy commissioner, inspectors, or authorized assistants shall have free access at all reasonable times to any building or other place where farm products to which this chapter applies are believed to be held for purposes of sale, and may open any bags, crates, or other containers found therein […]
