Testing of Domestic Animals
I. The commissioner of agriculture, markets, and food may test for disease any domestic animal, as defined by RSA 436:1, that cannot be tested by an accredited veterinarian. The commissioner shall establish fees for such testing which shall be sufficient to carry out any tests performed under this subdivision. The fee shall include, but not be limited to, the costs of mileage, hourly wage, and lodging.
II. The commissioner shall adopt rules, pursuant to RSA-541-A, relative to:
(a) A fee schedule for testing of domestic animals under paragraph I.
(b) Any other fees necessary to carry out the testing.
(c) Any other matter necessary for the administration of this subdivision.
Source. 1998, 8:1, eff. May 29, 1998. 1999, 245:1, eff. July 1, 1999.
The voluntary scrapie flock certification program is a cooperative effort between APHIS (Animal and Plant Health Inspection Service, United States Department of Agriculture), participating state governments, and sheep and goat producing industries, established and maintained to reduce scrapie's occurrence and spread, identify flocks that have been free of evidence of scrapie over specified time periods, and contribute to the eventual eradication of scrapie. Applicable federal regulations regarding the program and its requirements are contained in 9 CFR parts 54 and 79. Compliance with requirements outlined by this subdivision does not excuse program participants from compliance with the complete program requirements provided by 9 CFR parts 54 and 79.
Source. 2001, 242:1, eff. Sept. 11, 2001.
I. There is hereby established the state scrapie certification board which
shall administer the voluntary scrapie flock certification program, review program
enrollment applications and status advancement, review situations that may result
in a reduction of certification status or dismissal from the program, educate
producers regarding scrapie, and review and define policies regarding the administration
of the program within the state.
II. The board shall consist of 9 members, including:
(a) The Area Veterinarian-in-Charge (federal Veterinarian), or designee;
(b) The state veterinarian, or designee;
(c) One practicing accredited veterinarian;
(d) One member of the university of New Hampshire cooperative extension; and
(e) Five goat or sheep producers, with no more than 3 members from either industry.
III. Members specified under subparagraphs II(c)-(e) shall be recommended by
breed associations and registries, and the state veterinarian or the Area Veterinarian-in-Charge
or AVIC designee, and appointed by the governor with the consent of the council.
IV. The board shall choose one of its members who is an enrolled producer to
serve as its chairperson, and may choose such other officers as it deems expedient.
All board members shall be voting members. Five members shall constitute a quorum.
V. Members specified under subparagraphs II(c)-(e) shall serve 3-year terms,
except that the terms of no more than 3 such members may expire in any one calendar
year. Original appointments for terms of less than 3 years may be made in order
to comply with this limitation. Upon expiration of a member's term, the member
shall serve until a successor is qualified and appointed. There shall be no
limit to the number of terms such members may serve. Vacancies occurring prior
to the expiration of a specific term shall be filled by appointment for the
unexpired term. Board members specified under subparagraphs II(c)-(e) may be
removed for cause by the governor and council under RSA 4:1. The Area Veterinarian-in-Charge
Designee and the state veterinarian shall be ex officio members.
VI. The board shall meet at least annually and quarterly if necessary, on or
about the 15th of the month, and at such other times as it may deem necessary.
Prior to any meeting of the board, there shall be published an agenda for the
meeting. Minutes of each meeting shall be taken and logged as board records.
VII. Complete board records shall be kept at the department of agriculture,
markets, and food.
VIII. An updated list of participating state flocks and their classification
with regard to flock category shall be included in the records of the board.
IX. The board shall submit a report to the house environmental and agriculture
committee or its successor by February 15 of each year.
Source. 2001, 242:1, eff. Sept. 11, 2001.
I. An applicant to the program shall submit a completed program application
to the Area Veterinarian-in-Charge designee. Once the program application has
been received, an authorized state veterinarian or the AVIC or AVIC designee
shall inspect the flock for evidence of scrapie. The application shall be signed
by a board subcommittee consisting of the state veterinarian, AVIC designee,
and board chairperson. The board shall review the application package at the
next regularly scheduled board meeting. The status date for initial flock enrollment
shall be the date that the last signature is applied to the application for
entry into the program. The complete application package shall include:
(a) A completed program application;
(b) An inventory of animals in the flock submitted by the flock owner and verified
and signed by a state veterinarian or AVIC or AVIC designee, including at least
official identification numbers, breed, and sex information as specified by
the certification category for which applied;
(c) A written statement by an accredited veterinarian, if available, or a state
veterinarian or AVIC or AVIC designee declaring that the flock is free of scrapie
to the best of his or her knowledge; and
(d) An inspection report by an authorized state veterinarian or AVIC or AVIC
designee, including verification of the information provided on the application
by the flock owner and verification of the official identification of each animal
listed in the application.
II. The state veterinarian or AVIC or AVIC designee shall provide each enrolling
program participant and his or her accredited veterinarian with an educational
scrapie review. Once approved to enter the program, a flock shall be issued
an enrollment date. This date shall serve as the status date until the flock
fails to meet any of the program standards.
Source. 2001, 242:1, eff. Sept. 11, 2001.
I. When a flock has obtained a status that has met all of the program standards,
the flock owner may apply to advance the flock to certified status. The board
shall review advancement applications for movement from enrolled status to certified
status at the next regularly scheduled board meeting.
II. The advancement application package shall include:
(a) A completed program advancement application form.
(b) An inspection report prepared by a state veterinarian or AVIC or AVIC designee.
(c) An inventory report submitted by the flock owner and verified and signed
by a state veterinarian or AVIC or AVIC designee.
Source. 2001, 242:1, eff. Sept. 11, 2001.
I. A flock's status date shall be maintained if, during an annual inspection:
(a) Scrapie has not been diagnosed in the flock and the flock has not been deemed
a source flock since its enrollment;
(b) The minimal requirements for the status currently held by a flock have been
fulfilled; and
(c) The flock has only had acquisitions or commingling of animals approved for
the current status.
II. If, during the year at the current status, a flock has not met the minimum
requirements for the status currently held, the flock's status date shall convert
to the date when the flock was brought back into program compliance.
Source. 2001, 242:1, eff. Sept. 11, 2001.
The board shall recommend downgrading a participating flock's status or removing it from the program if its owner or manager has not complied with the program standards, unless a compelling argument based upon sound scientific principles can be presented. A flock may reenter the program after fulfilling board-determined and program requirements.
Source. 2001, 242:1, eff. Sept. 11, 2001.
Owner-reported changes in flock status or status date due to flock additions or commingling shall be made as soon as possible following notification of the board or AVIC without review by the board unless the owner requests that the board perform a formal review at the time the acquisition or commingling is reported. The board shall give the owner of the flock an opportunity to present his or her views to the board before it makes its final recommendation regarding reduction or removal. The status of the flock, notification regarding a change in flock status, and any appeal of flock status shall be decided in accordance with 9 CFR parts 54 and 79.
Source. 2001, 242:1, eff. Sept. 11, 2001.
I. The provisions of paragraph II shall apply in any instance when a sheep
or goat producer has entered the program and has voluntarily requested technical
help from the board or is inspected by a state animal health official on behalf
of the board as established under 9 CFR Parts 54 and 79, and is not at the time
the subject of an active enforcement action.
II. With the exception of the state and federal veterinarians, acting in their
official capacity, state board members and agents of the board shall not make
available to any other regulatory or enforcement agency not involved in the
program, or to the public, information obtained in the course of such help or
inspection unless:
(a) The person receiving such inspection agrees that such information may be
released;
(b) The information reveals an imminent threat to human life of the environment;
(c) The information reveals evidence of a knowing criminal violation;
(d) The information is presented in aggregate form with no identification of
individual entities; or
(e) The board first notifies any person requesting technical help of the provisions
of this section.
Source. 2001, 242:1, eff. Sept. 11, 2001.