This subdivision shall be known as the "New Hampshire agricultural liming materials act."
This subdivision shall be administered by the commissioner of agriculture, markets, and food.
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 made from limestone which consists essentially of calcium oxide or a combination of calcium oxide with magnesium oxide.
IV. "Hydrated lime" means a material, made from burnt lime, which consists of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide or magnesium hydroxide or both.
V. "Marl" means a granular or loosely consolidated earthy material composed largely of sea shell fragments and calcium carbonate.
VI. "Industrial by-product" means any industrial waste or by-product containing calcium or calcium and magnesium in forms that will neutralize soil acidity.
VIII. "Fineness" means the percentage by weight of the material which will pass U.S. Standard sieves of specified sizes.
IX. "Ton" means a net weight of 2,000 pounds avoirdupois.
X. "Percent" or "percentage" means by weight.
XI. "Bulk" means in non-packaged form.
XII. "Label" means any written or printed matter on or attached to the package or on the delivery ticket which accompanies bulk shipments.
XIII. "Person" means individual, partnership, association, firm or corporation.
XIV. "Calcium carbonate equivalent" means the acid neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate.
XV. "Weight" means the weight of undried material as offered for sale.
XVI. "Commissioner" means the commissioner of agriculture, markets, and food or authorized agent.
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 the following information:
(a) The name and principal office address of the manufacturer or distributor.
(b) The brand or trade name of the material.
(c) The identification of the product as to the type of the agricultural liming materials.
(d) The net weight of the agricultural liming material.
(e) The minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate.
(f) The calcium carbonate equivalent as determined by methods prescribed by the Association of Official Analytical Chemists (AOAC) International. Minimum calcium carbonate equivalents shall be as prescribed by rule.
(g) The minimum percent by weight passing through U.S. Standards sieves as prescribed by rule.II. No information or statement shall appear on any package, label, delivery slip or advertising matter which is false or misleading to the purchaser as to the quality, analysis, type of composition of the agricultural liming material.
III. In the case of any material which has been adulterated subsequent to packaging, labeling or loading and before delivery to the consumer, a plainly marked notice to that effect shall be affixed b y the vendor to the package or delivery slip to identify the kind and degree of such adulteration.
IV. At every site from which agricultural liming materials are delivered in bulk and at every place where consumer orders for bulk deliveries are placed, there shall be conspicuously posted a copy of the statement required by this section for each brand of material.
V. When the commissioner finds, after public hearing following due notice under rules adopted by the commissioner under RSA 541-A, that the requirement for expressing the calcium and magnesium in elemental form would not impose an economic hardship on distributors and users of agricultural liming materials by reason of conflicting label requirements among the states, the commissioner may require by rule that the minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate shall be expressed in the following form:Total Calcium (Ca) ________ percent Total Magnesium (Mg) ________ percentThe effective date of such a rule shall be not less than 6 months following the adoption of the rule, and for a period of 2 years following the effective date of the rule, the equivalent of calcium and magnesium may also be shown in the form of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate.
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 quantities injurious to plant, animal, human or aquatic life or to soil or water.
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 be deposited with the state treasurer into the general fund as unrestricted revenue. Upon approval by the commissioner, a copy of the registration shall be furnished to the applicant. All registrations expire on January 1 of the following year.
II. A distributor shall not be required to register any brand of agricultural liming material which is already register under this act by another person, providing the label does not differ in any respect.
I. Within 30 days following the expiration of registration, each registrant
shall submit, on a form approved by the commissioner, an annual statement setting
forth the number of net tons of each agricultural liming material sold by such
registrant for use in the state during the previous 12 month period.
II. The commissioner shall publish in such forms as the commissioner deems proper
a composite report showing the tons of agricultural liming material sold in
the state. This report shall in no way divulge the operation of any registrant.
I. It shall be the duty of the commissioner, who may act through an authorized agent, to sample, inspect, make analyses of, and test agricultural liming materials distributed within this state as the commissioner deems necessary to determine whether such agricultural liming materials are in compliance with the provisions of this subdivision. The commissioner, individually or through an agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to agricultural liming material subject to the provisions of this subdivision and rules pertaining to this subdivision, and to the records relating to their distribution.
II. The methods of analysis and sampling shall be those approved by the commissioner and shall be guided by AOAC International procedures.
III. The results of official analyses of agricultural liming materials and portions of official samples shall be distributed by the commissioner as provided in the rules at least annually.
The commissioner may issue and enforce a written or printed "stop sale, or use or removal" order to the owner or custodian of any lot of agricultural liming material and hold such material at a designated place when the commissioner finds the agricultural liming material at designated place when the commissioner finds the agricultural liming material is being offered or exposed for sale in violation of any of the provisions of this subdivision until the law has been complied with and the agricultural liming material is released in writing by the commissioner, or the violation has been otherwise legally disposed of by written authority. The commissioner shall release the agricultural liming material so withdrawn, when the requirements of the provisions of this subdivision have bee complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
I. Any person who, individually or through a servant or agent, violates 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. Any person who violates any provision of this subdivision or any rule adopted or order issued under this subdivision shall, in addition, be liable for a civil forfeiture not to exceed $5,000 for each violation, for each day of a continuing violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general.
III. Any person who violates any provision of this subdivision, or any rule or order of the commissioner, shall be subject to the imposition of an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
Effective: January 1, 1996
