Section 430:50 – Program Established.
430:50 Program Established. – I. The commissioner of the department of agriculture, markets, and food shall establish an integrated pest management program. "Integrated pest management" means a sustainable approach to managing pests by combining the use of biological, cultural, physical, and chemical tactics in a way that minimizes economic, health, and environmental risks. The […]
Section 430:51 – Declaration of Purpose.
430:51 Declaration of Purpose. – The purpose of this subdivision is to recognize the adverse environmental and economic effects of invasive plant, insect, and fungal species upon the state; to establish the means by which the state shall address and minimize such adverse effects; to promote research and educational activities dealing with invasive species […]
Section 430:52 – Definitions.
430:52 Definitions. – In this subdivision: I. " Alien species " means with respect to a particular ecosystem, any species, including its seeds, eggs, spores, or other biological material capable of propagating or reproducing that species, that is not native to that ecosystem. II. " Commissioner " means the commissioner of agriculture, markets, and […]
Section 430:53 – Powers and Duties of the Commissioner.
430:53 Powers and Duties of the Commissioner. – I. The commissioner shall conduct research and educational activities which address the environmental and economic effects of invasive species upon the state. The commissioner shall solicit support for and participation by other state and federal government entities, the University of New Hampshire and private entities in […]
Section 430:54 – Committee Established.
430:54 Committee Established. – I. The invasive species committee is hereby established to advise the commissioner on matters relating to invasive species in the state. It shall consist of the following 11 members: (a) The state entomologist. (b) The commissioner of environmental services, or designee. (c) The commissioner of natural and cultural resources, or […]
Section 430:55 – Administrative Authority; Inspection; Rulemaking.
430:55 Administrative Authority; Inspection; Rulemaking. – I. The commissioner of agriculture, markets, and food shall adopt rules, in accordance with RSA 541-A, for carrying out provisions of this subdivision. For the purpose of inspecting for, or eradicating prohibited species, the commissioner shall, in person or by deputy or agent, have access to: (a) Land, […]
Section 430:56 – Hearings.
430:56 Hearings. – When the commissioner learns of any violation of any provision of this subdivision, notice of such violation, together with a copy of the findings, shall be given to the person or persons concerned. Persons so notified shall be afforded a hearing under rules adopted by the commissioner. Affidavits under oath may […]
Section 430:57 – Penalties.
430:57 Penalties. – I. Any person who is convicted of violating 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. […]
Section 430:58 – Upland Invasive Species Program and Fund.
430:58 Upland Invasive Species Program and Fund. – I. There is established an upland invasive species program in the department which shall address invasive species infestations. The program shall be administered by an upland invasive species program coordinator. This position shall be a classified position and the coordinator shall be qualified by reason of […]
Section 430:49 – Preemption of Local Regulation.
430:49 Preemption of Local Regulation. – I. Administration and enforcement of this subdivision shall be implemented in an equitable manner throughout the state. This subdivision is of statewide concern and occupies the whole field of regulation regarding the registration, sale, transportation, or use of pesticides to the exclusion of all local regulation. Except as […]