433:28 Nursery Stock Requirements. – I. Woody-stemmed deciduous nursery stock shall have moist green cambium tissue in the stem or stems and branches, and shall have viable buds or normal green, rigid growth. Growth shall be sufficient to permit the stock to live and grow in a form characteristic of the species when planted […]
433:29 Nursery Inspection. – A nursery inspector shall inspect any nursery as determined necessary by the director. Nurseries shall be accessible at reasonable times for inspection. Nursery inspectors shall verify that nursery stock requirements are in compliance with RSA 433:28. Source. 1985, 33:1, eff. July 1, 1985. 2002, 7:6, eff. Mar. 12, 2002.
433:29-a License Required. – A person, firm, or corporation may not engage in or continue in the business of selling nursery stock without first obtaining a license to conduct such business in the state. Licenses are non-transferable and each business shall possess a valid license for each business location. Source. 2002, 7:7, eff. Mar. […]
433:3 Label Requirements for Tree and Shrub Seeds. – Each container of tree and shrub seed which is sold, offered for sale, exposed for sale, or transported within this state for sowing purposes shall bear on it or have attached to it in a conspicuous place a plainly written or printed label or tag […]
433:30 Diseased, Infested Stock; Stop Sale, Destruction. – I. Only sound, healthy nursery stock, which will maintain its vigor, shall be offered for sale. The offering for sale of stock which is infected with diseases or infested with plant pests is a violation of this subdivision. Whenever the director has reason to believe that […]
433:31 Lack of Certificate. – If nursery stock is brought into the state without a certificate of inspection, or notification of licensure, the consignee shall return it to the consignor at the expense of the consignor, or shall call the director to inspect the nursery stock. Source. 1985, 33:1, eff. July 1, 1985. 2002, […]
433:32 Prohibitions; Penalties. – I. The following actions are prohibited: (a) Selling, distributing, receiving, or delivering nursery stock which has not been licensed or certified. (b) Using a nursery or plant dealer license after it has been revoked or suspended or has expired. (c) Offering any hindrance or resistance to the carrying out of […]
433:33 Right of Entry. – The commissioner, director, and nursery inspectors shall at all times have the right to enter any public or private grounds in the performance of any duty under this subdivision. Source. 1985, 33:1, eff. July 1, 1985.
433:34 Quarantine. – The commissioner may establish quarantines as specified in the law or under the rules to prevent dissemination of plant pests within the state. When any pests that have the potential to cause serious damage to agriculture are found in any geographic area, that area and any adjacent areas shall be quarantined. […]
433:35 Suspension of License. – The director may at any time suspend a license issued under the provisions of RSA 433:29-a if dangerous insect or plant disease pests are found upon the premises, either on the plants or in the soil, and shall not reinstate the license until such time as such pests have […]
433:36 Prosecution. – Any person violating the provisions of this subdivision shall be prosecuted by the office of the attorney general. Source. 1985, 33:1, eff. July 1, 1985.
433:37 Repealed by 2019, 35:3, eff. Nov. 1, 2019. –
433:4 Prohibitions. – It is unlawful for any person: I. To sell, offer for sale, expose for sale, or transport for sale any agricultural, vegetable, flower, or tree and shrub seeds within this state: (a) If subject to the germination requirements of RSA 433:2, unless otherwise provided in RSA 433:2, and unless the test […]
433:5 Records. – Each person whose name appears on the label as handling agricultural, vegetable, flower, or tree and shrub seeds subject to this subdivision shall keep for a period of at least 2 years complete records of each lot of agricultural, vegetable, flower, or tree and shrub seed handled and shall keep for […]
433:6 Exemptions. – I. The provisions of RSA 433:2, 3 and 4 shall not apply to: (a) Seed or grain not intended for sowing purposes. (b) Seed in storage in, or being transported to or consigned to a cleaning or processing establishment for cleaning or processing, provided that the invoice or labeling accompanying any […]
433:7 Duties and Authority of Commissioner; Rulemaking. – I. The commissioner of agriculture, markets, and food shall administer and enforce this subdivision. The commissioner, through his authorized agents, shall: (a) Sample, inspect, make analysis of, and test seeds subject to the provisions of this subdivision that are transported, sold or offered or exposed for […]
433:7-a Preemption of Local Regulation. – 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 display, distribution, growing, cultivation, harvesting, production, labeling, marketing, mixing, notification of use, planting, possession, processing, registration, sale, […]
433:8 Seizure. – Any lot of seed not in compliance with the provisions of this subdivision shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the locality in which the seed is located. If the court finds the seed to be in violation of this subdivision […]
433:9 Injunction. – When, in the performance of his duties, the commissioner applies to any court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this subdivision or any rules adopted under this subdivision, the injunction shall be issued without bond. Source. 1990, […]
433:9-a Licensing Requirements. – No person shall label agricultural, vegetable, flower, and tree and shrub seeds for planting purposes for distribution or sale in this state without first having obtained a seed labeling license. The license application shall be submitted on forms furnished by the commissioner and shall be accompanied by the license fee […]
