Revision note. The provisions enacted by 1985, 33:1, eff. July 1, 1985, were substituted for those appearing as RSA 433:21-433:29, as enacted by 1985, 72:1 eff. July 1, 1985 pursuant to the authority conferred by 1985, 33:3 and 1985, 72:5. Appropriate changes in numbering, terminology and references were made pursuant to the same authority.
In this subdivision:
I. "Certificates" means nursery inspection certificates issued by
the director.
II. "Certified Stock" means plants and plant parts defined as nursery
stock which bear a valid, unexpired certificate attesting that the stock has
been inspected and found to be apparently free of injurious insects and plant
diseases.
III. "Collected plants" means plants and plant parts defined as nursery
stock, which are dug or otherwise removed from fields, woodlots, or forested
lands for sale or distribution, which have not been grown under cultivation
in a nursery for a year.
IV. "Commissioner" means the commissioner of the New Hampshire Department
of Agriculture, Markets and Food.
V. "Dealer" means any person, firm, partnership, association or corporation
not a grower or an original producer of nursery stock in New Hampshire who buys
or acquires, or receives on consignment nursery stock for the purposes of re-selling,
transporting or otherwise disposing of the stock.
VI. "Department" means the New Hampshire Department of Agriculture,
Markets and Food.
VII. "Director" means the state entomologist, qualified by scientific
training and practical experience, directly answerable to the commissioner,
in charge of and responsible for the activities of the division of plant industry.
He shall also be the state nursery inspector.
VIII. "Division" means the division of plant industry of the New Hampshire
Department of Agriculture, Markets and Food.
IX. "Eradication" means the elimination or removal of a pest from
any defined geographic area.
X. "Horticultural services" means any arborist, landscape architect
or private gardener whose function is that of providing services, when obtaining
or transporting certified nursery stock for which the nurseryman's price has
been paid in full by his employer.
XI. "Nursery" means the grounds and premises, private or public, on
or in which nursery stock is propagated, grown or cultivated for the purpose
of distributing or selling nursery stock as a business and shall include grounds
or premises owned, leased or managed by the state or any agency of the state.
XII. "Nursery inspectors" means persons either full-time employees
of the division or knowledgeable individuals hired on a part-time basis to conduct
the work of the division.
XIII. "Nurseryman" means a person who owns, leases, manages or is
in charge of a nursery. All persons engaged in operating a nursery are farming
within the meaning of RSA 21:34-a.
XIV. "Nursery stock" means all hardy deciduous and evergreen trees
and shrubs, brambles, woody vines, woody florist stock and herbaceous annuals
and perennials, their roots, cuttings, grafts, scions, buds, fruit pits, seeds
and plant parts thereof, including any collected plants, for and capable of
propagation.
XV. "Plant diseases" means fungi, bacteria, nematodes, viruses, and
plant parasites injurious to plants and plant products; the pathological conditions
in plants and plant products caused by fungi, bacteria, nematodes, viruses and
plant parasites.
XVI. "Plant pests" means any organism, including other plants, causing
or capable of causing injury or damage to plants or plant products.
XVII. "Public nuisance" means a plant pest determined by the department
to be dangerous or destructive to the agriculture or horticulture of New Hampshire.
XVIII. "Quarantine" means legal action intended to prevent or delay
the establishment of a pest of plants or crops.
XIX. "Soil" means the commonly accepted medium or other medium in
which plants are grown and which is or may be capable of harboring or transmitting
insect pests and plant diseases.
XX. "Stop sale order" means a written notice issued by an inspector
to the owner or custodian of any plant or plant products, which prohibits the
sale or movement of the plants or plant products.
Source. 1985, 33:1, eff. July 1, 1985.
The commissioner shall adopt rules under RSA 541-A relative to:
I. The issuing of orders under the provision of this subdivision.
II. The issuing of certificates as may be necessary.
III. Establishing fees for certificates issued under this subdivision, as
well as any publications printed for distribution to the general public.
IV. The collection of fees under this subdivision.
V. The printing, publishing, posting and distribution of reports made available
to the public.
VI. Quarantine measures that may be taken when pests are found in any geographic
area.
VII. Reasonable rules as may be needed to carry out and enforce the provisions
of this subdivision.
Source. 1985, 33:1, eff. July 1, 1985.
All nursery stock shipped into New Hampshire shall bear on each consignment or package an unexpired certificate that the contents of that consignment or package have been inspected by a duly authorized inspecting officer, and that the contents are apparently free from all dangerous insects and plant diseases, and are therefore certified stock.
Source. 1985, 33:1, eff. July 1, 1985.
The department is authorized to cooperate, receive grants-in-aid, and enter into agreements with any individual, organization, or county, state or federal agency for the purpose of implementing the provisions of this subdivision. The department may also enforce any federal quarantine or regulation promulgated under federal quarantine or regulation promulgated under federal quarantine within the state of New Hampshire.
Source. 1985, 33:1, eff. July 1, 1985.
Source. 1985, 33:1, eff. July 1, 1985.
The director may hire such nursery inspectors as he may deem necessary within his budgetary limitations.
Source. 1985, 33:1, eff. July 1, 1985.
Any person engaged in horticultural services and nurserymen shall be subject to regulation by the commissioner under this subdivision.
Source. 1985, 33:1, eff. July 1, 1985.
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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 unwilted growth sufficient to permit the stock to live
and grow in a form characteristic of the species when planted and given
reasonable care, except that in the case of rose bushes each stem shall
show moist green undamaged cambium above the graft. Nursery stock which
does not meet those standards shall not be sold or offered for sale.
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Source. 1985, 33:1, eff. July 1, 1985.
The director shall, either personally or through his nursery inspectors, inspect at least once each year all nurseries or places in the state where nursery stock is grown, sold or offered for sale and if no dangerous insect or other plant pests are found there, a certificate to that effect shall be given. If such pests are found there the owner of the stock shall take such measures to suppress the pests as the inspector shall prescribe. No certificate shall be given until the inspector has satisfied himself by subsequent inspection that all such pests have been suppressed.
Source. 1985, 33:L1, eff. July 1, 1985.
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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 infected with destructive pests is a violation of this subdivision. Whenever the director has reason to believe that any nursery or dealer in the state has introduced or is offering for sale diseased or infested stock, the director or a nursery inspector shall inspect that stock. If, upon inspection, the director or a nursery inspector finds any such stock, he may order the plants, either individually or in blocks, to be:
II. Plants ordered destroyed or subject to a stop sale order must be
clearly separable from noninfested stock. Any order must be confirmed
in writing within 7 days. The order shall include the reason for action,
a description of the nursery stock affected, and any recommended treatment.
Destruction of condemned stock shall be at the expense of the owner.
Stop sale tags may not be removed except by written permission of the
director or upon suitable disposal of the infested plants. |
Source. 1985, 33:1, eff. July 1, 1985.
If nursery stock is brought into the state without a certificate of inspection, 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.
Any person shall be guilty of a misdemeanor if that person:
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I. Sells, distributes, receives or delivers nursery stock which has
not been inspected and certified; |
Source. 1985, 33:1, eff. July 1, 1985.
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.
The commissioner may establish quarantines as specified in the law or under his rules to prevent the 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. After a quarantine is established, the commissioner shall adopt any rules necessary to prevent or reduce the movement of that pest from the quarantined area and may implement any limitation or treatment measures necessary for the containment or eradication of that pest.
Source. 1985, 33:1, eff. July 1, 1985.
The director may at any time suspend a certificate issued under the provisions of RSA 433:29 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 certificate until such time as such pests have been suppressed or eradicated.
Source. 1985, 33:1, eff. July 1, 1985.
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.
