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NH Department of Agriculture, Markets and Food
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Laws and Rules

Below is a partial list of laws and rules pertaining to agriculture in New Hampshire. Most are directly administered by the Department of Agriculture, Markets & Food. However, as agriculture is impacted by some regulations administered by other departments within New Hampshire State Government, they are also provided here for your information.

Track Bills/Hearings of interest for the New Hampshire House of Representatives and Senate during the Legislative Session (January–June).

back to topOffice of the Commissioner

back to topAgricultural Development

  • Laws
    • RSA 21:34-a Definition of Agriculture (including agri-tourism, farmers' markets)
    • RSA 143-A:12 Homestead Food license
    • RSA 178:8 Wine manufacturer's license (including sales at farmers' markets)
    • RSA 178:12-a Nano Brewery license (including sales at farmers' markets)
    • RSA 184 Selling Milk and Dairy Products (including licensing, pasteurization, selling raw milk and cheese)
    • RSA 236:70,VI Agriculture exempt from definition of "Commercial" activities in regards to placement of signs along state highway areas
    • RSA 236:72 Farms exempt from permits for signs along state highway areas
    • RSA 236:73,V-a Farm signage allowed along state highway areas
    • RSA 349:1,IV(d) Farmers' Market Trade Name Registration
    • RSA 432:32-35 Nuisance Liability of Agricultural Operations (Right-to-Farm Law)
    • RSA 508:14 Landowner Liability Limited
    • RSA 672:1 Planning & Zoning Declaration of Purpose
    • RSA 673:4-b Agricultural Commissions
    • RSA 674:32-a-c Agricultural Uses of Land

back to topAnimal Industry

  • Laws
    • RSA 427 Humane Slaughter; Livestock Auction; Shipment of Livestock
    • RSA 428 Poultry & Poultry Products
    • RSA 435 Breeding Animals; Treatment of Horses; Feeding Garbage to Swine
    • RSA 436 Diseases of Domestic Animals
    • RSA 437 Sale of Pets & Dispositions of Unclaimed Animals
    • RSA 437-A Animal Population Control Program
    • RSA 466 Dogs and Cats; Wolf Hybrids
    • RSA 508.19 Limitation of Actions Liability; Equine Activities
    • RSA 644:8 Cruelty to Animals
  • Rules

back to topPesticide Control

  • Laws
  • Rules
    • Pes 100 Organization Rules
    • Pes 200 Procedural Rules
    • Pes 300 Certification, Registration and Licensing Requirements
    • Pes 400 Continued Status (License Renewals/Requirements)
    • Pes 500 Restrictions on the Application of Pesticides by Commercial Applicators and Permittees
    • Pes 600 Aquatic Application of Pesticides
    • Pes 700 Sale and Use of Pesticides
    • Pes 800 Disposal of Pesticides and Pesticide Containers
    • Pes 900 Record Keeping and Reporting
    • Pes 1000 Restrictions on the Use of Pesticides to Protect Ground and Surface Waters
    • Pes 1100 Worker Protection

back to topPlant Industry

back to topRegulatory Services

  • Farmland Preservation
    • Laws
    • Rules
      • Agr 700 Acquisition of Agricultural Land Development Rights (expired)
  • Feed, Fertilizer and Seed
  • Food Products
  • Quality Assurance
    • Laws
      • RSA 426 Standards for Farm Products
      • RSA 426:5 Use of Words "Native," "Local," and "Our Own"
      • RSA 434:59-61 Grading and Certification or Stamping of Native Lumber
    • Rules
      • Agr 908 Grading and Certification or Stamping of Native Lumber (expired)
      • Agr 910 Organic Processors
      • Agr 911 Certification of Organically Produced Plant, Animal, Food or Fiber Commodities
      • Agr 1000 Seal of Quality (expired)
      • Agr 1300 Controlled Atmosphere (expired)

back to topWeights and Measures

See RSA 438 generally: "Standards for Weights and Measures."

Also See NIST Handbook 44, NIST Handbook 130, and NIST Handbook 112, which have been incorporated by reference into RSA 438.

  • Definitions
  • Public Weighmasters
    • Rules
  • Service Technicians
    • Laws
    • Rules
      • Agr 1404 Registration/Licensure Requirements
      • Agr 1405 Requirements and Reporting Duties (including testing equipment, privileges, reporting duties, requirements, use of security seals, certification stamps, sealing procedure, etc.)
  • Sale of Commodities
    • Laws
    • Rules
      • Agr 1406 Method of Sale (including labeling, price posting, misrepresentation of quantity, etc.)
  • Licensing of Commercial Devices
    • Laws
      • RSA 438:19 Duty of Owners of Incorrect Apparatus
    • Rules
      • Agr 1407 Licensure Application and Annual Requirements (including annual inspection and certification requirements)
  • Posting and Advertising of Motor Vehicle Fuel
    • Laws
    • Rules
      • Agr 1408 Price Posting Requirements (including retail motor fuel, kerosene, diesel fuel, liquefied natural gas, LPG, etc.)
  • Temperature Correction for Refined Petroleum Products
    • Laws
      • RSA 438:20 Method of Sale of Commodities; General
    • Rules
      • Agr 1409 (including testing of automatic temperature-compensating systems, allowable meter error, petroleum products delivery tickets, etc.)
  • NH Weights and Measures Fees
    • Laws
    • Rules
      • Agr 1410 NH Metrology Laboratory Fees, Licensure Fees for Service Technicians and Weighmasters
  • Violations of RSA 438:40,I and of Administrative Rules
    • Laws
    • Rules
      • Agr 1411 violations of RSA 438:40,I and of Administrative Weights and Measures Rules; Written Warnings of Violation; Administrative Fines
  • Dating Prewrapped Sandwiches

NH Department of Agriculture, Markets and Food
Mailing: PO Box 2042, Concord NH 03302 -2042
Physical: 25 Capitol Street, Second Floor, Concord, NH 03301
(603) 271-3551 | fax: (603) 271-1109