Section 431:1 – Title.
431:1 Title. – This subdivision shall be known as the New Hampshire Fertilizer Law. Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.
431:1 Title. – This subdivision shall be known as the New Hampshire Fertilizer Law. Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.
431:10 Misbranding. – No person shall distribute misbranded fertilizer. A fertilizer shall be deemed to be misbranded if: I. Its labeling is false or misleading in any particular. II. It is distributed under the name of another fertilizer product. III. It is not labeled as required in RSA 431:5 and in accordance with rules […]
431:11 Adulteration. – No person shall distribute an adulterated fertilizer product. A fertilizer shall be deemed to be adulterated if: I. It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant, animal, human, or aquatic life or to soil or water when applied in accordance with directions […]
431:12 Publications. – The commissioner shall publish in such forms as the commissioner deems proper: I. Information concerning the distribution of fertilizers. II. Results of analyses based on official samples of fertilizer distributed within the state as compared with the analyses guaranteed under RSA 431:4 and RSA 431:5. Source. 1985, 72:1. 1995, 233:1, eff. […]
431:13 Rulemaking. – For the enforcement of this subdivision, the commissioner shall adopt under RSA 541-A, after public hearing, such rules relating to investigational allowances, definitions, records, distribution, storage, use, and application of fertilizers and plant biostimulants as may be necessary to carry into effect the full intent and meaning of this subdivision. Source. […]
431:14 Shortweight. – If any fertilizer in the possession of the consumer is found by the commissioner to be short in weight, the registrant of the fertilizer shall within 30 days after official notice from the commissioner submit to the consumer a penalty payment of 4 times the value of the actual shortage. Source. […]
431:15 Cancellation of Registrations. – The commissioner may cancel the registration of any brand of fertilizer or may refuse to register any brand of fertilizer as provided in this subdivision, upon satisfactory evidence that the registrant has used fraudulent or deceptive practices in the evasion or the attempted evasion of the provisions of this […]
431:16 Stop Sale Orders. – The commissioner may issue and enforce a written or printed "stop sale, use, or removal" order to the owner of any lot of fertilizer and hold such fertilizer at a designated place when the commissioner finds the fertilizer is being offered or exposed for sale in violation of any […]
431:17 Seizure, Condemnation, and Sale. – Any lot of fertilizer 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 area in which the fertilizer is located. In the event the court finds the fertilizer to be […]
431:18 Penalties. – I. Any person who, personally or through an agent, violates any provision of this subdivision or rule adopted under this subdivision shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. II. Any person who violates any provision of this subdivision or […]
431:19 Cooperation with Other Entities. – The commissioner may cooperate with and enter into agreement with governmental agencies of this state, other states, and agencies of the federal government in order to carry out the purpose of this subdivision. Source. 1985, 72:1. 1995, 233:1, eff. Jan. 1, 1996.
431:2 Administration. – This subdivision shall be administered by the commissioner of agriculture, markets, and food. Source. 1985, 72:1. 1995, 130:5; 233:1, eff. Jan. 1, 1996.
431:20 Exchanges Between Manufacturers. – Nothing in this subdivision shall be construed to restrict or avoid sale or exchanges of fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale, or as preventing the free and unrestricted shipments of fertilizer to manufacturers or manipulators who have registered their brands […]
431:21 Repealed by 1995, 233:4, eff. Jan. 1, 1996. –
431:22 Title. – This subdivision shall be known as the "New Hampshire Agricultural Liming Materials Act." Source. 1985, 72:1. 1995, 233:3, eff. Jan. 1, 1996.
431:23 Administration. – This subdivision shall be administered by the commissioner of agriculture, markets, and food. Source. 1985, 72:1. 1995, 233:3, eff. Jan. 1, 1996.
431:24 Definitions. – In this subdivision: I. "Agricultural liming materials" means a product whose calcium and magnesium compounds are capable of neutralizing soil acidity. II. "Limestone" means a material consisting essentially of calcium carbonate or a combination of calcium carbonate with magnesium carbonate capable of neutralizing soil acidity. III. "Burnt lime" means a material […]
431:25 Labeling. – I. Agricultural liming materials sold, offered, or exposed for sale in the state shall have affixed to the outside of each package in a conspicuous manner, a plainly printed, stamped, or otherwise marked label, tag or statement, or in the case of bulk sales, a delivery slip, setting forth at least […]
431:26 Prohibited Acts. – I. No agricultural liming material shall be sold or offered for sale in this state unless it complies with the provisions of this subdivision and rules pertaining to this subdivision. II. No agricultural liming material shall be sold or offered for sale in this state which contains toxic materials in […]
431:27 Registration. – I. Each separately identified product shall be registered before being distributed in this state. The application for registration shall be submitted to the commissioner on a form furnished or approved by the commissioner and shall be accompanied by a fee of $50 per product. The fees collected under this section shall […]