New Hampshire Revised Statutes 433:7 – Duties and Authority of Commissioner; Rulemaking
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I. The commissioner of agriculture, markets, and food shall administer and enforce this subdivision. The commissioner, through his authorized agents, shall:
(a) Sample, inspect, make analysis of, and test seeds subject to the provisions of this subdivision that are transported, sold or offered or exposed for sale within the state for sowing purposes, at such time and place and to such extent as he may deem necessary to determine whether the seeds are in compliance with this subdivision, and to notify promptly the person who sold, offered or exposed the seed for sale and, if appropriate, the person who labeled or transported the seed, of any violation, stop sale order or seizure.
(b) Cooperate with the United States Department of Agriculture and other agencies in seed law enforcement.
II. The commissioner, individually or through his authorized agents, may:
(a) Enter upon any public or private premises during regular business hours in order to have access to seeds and the records connected with the seeds subject to this subdivision, and any truck or other conveyor by land, water, or air at any time when the conveyor is accessible, for the same purpose.
(b) Issue and enforce a written or printed stop sale order to the owner or custodian of any lot of seed subject to the provisions of this subdivision which the commissioner finds is in violation of this subdivision or rules adopted under it, which order shall prohibit further sale, processing and movement of such seed, except on approval of the enforcing officer, until such officer has evidence that the law has been complied with, and he has issued a release from the stop sale order of such seed. In respect to seed which has been denied sale, processing and movement as provided in this subparagraph, the owner or custodian of such seed shall have the right to appeal from said order to a court of competent jurisdiction in the locality in which the seeds are found, requesting a judgment as to the justification of such order and for the discharge of such seeds from the order prohibiting the sale, processing and movement in accordance with the findings of the court, provided that the provisions of this subparagraph shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other provisions of this subdivision.
(c) Establish and maintain or make provisions for seed testing services, employ qualified persons, and incur such expenses as may be necessary to comply with these provisions.
(d) Make or provide for making purity and germination tests of seed for farmers and dealers on request, and to fix and collect charges for the tests made.
III. The commissioner shall adopt rules, under RSA 541-A, relative to:
(a) Governing the method of sampling, inspecting, analyzing, testing and examining seeds subject to this subdivision and the tolerances to be used.
(b) A prohibited and restricted noxious weed seed list, and the allowable number of such seeds per pound, in accordance with N.H. Rev. Stat. § 433:4, I(e).
(c) Reasonable standards of germination for vegetable seeds and flower seeds.
(d) Labeling flower seeds in respect to kind and variety or type and performance characteristics as required by N.H. Rev. Stat. § 433:2.
(e) A list of the kinds of flower seeds subject to the flower seed germination labeling requirements of N.H. Rev. Stat. § 433:2.
(f) A list of tree and shrub seed species subject to germination labeling requirements of N.H. Rev. Stat. § 433:3, II(g).
(g) Methods of determining what constitutes inert matter.
(h) Methods of determining what constitutes pure seed.
(i) The kinds of agricultural seeds generally labeled as to variety, as provided in N.H. Rev. Stat. § 433:2, II(a).
(j) The conditions under which agricultural or vegetable seeds shall be packaged, as provided in N.H. Rev. Stat. § 433:4, I.
(k) Purity and germination tests of seeds for farmers and dealers on request.
(l) Seed labeling license standards and procedures, including, but not limited to, application forms and fees.
(m) The enforcement of this subdivision.
(a) Sample, inspect, make analysis of, and test seeds subject to the provisions of this subdivision that are transported, sold or offered or exposed for sale within the state for sowing purposes, at such time and place and to such extent as he may deem necessary to determine whether the seeds are in compliance with this subdivision, and to notify promptly the person who sold, offered or exposed the seed for sale and, if appropriate, the person who labeled or transported the seed, of any violation, stop sale order or seizure.
Terms Used In New Hampshire Revised Statutes 433:7
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
(b) Cooperate with the United States Department of Agriculture and other agencies in seed law enforcement.
II. The commissioner, individually or through his authorized agents, may:
(a) Enter upon any public or private premises during regular business hours in order to have access to seeds and the records connected with the seeds subject to this subdivision, and any truck or other conveyor by land, water, or air at any time when the conveyor is accessible, for the same purpose.
(b) Issue and enforce a written or printed stop sale order to the owner or custodian of any lot of seed subject to the provisions of this subdivision which the commissioner finds is in violation of this subdivision or rules adopted under it, which order shall prohibit further sale, processing and movement of such seed, except on approval of the enforcing officer, until such officer has evidence that the law has been complied with, and he has issued a release from the stop sale order of such seed. In respect to seed which has been denied sale, processing and movement as provided in this subparagraph, the owner or custodian of such seed shall have the right to appeal from said order to a court of competent jurisdiction in the locality in which the seeds are found, requesting a judgment as to the justification of such order and for the discharge of such seeds from the order prohibiting the sale, processing and movement in accordance with the findings of the court, provided that the provisions of this subparagraph shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other provisions of this subdivision.
(c) Establish and maintain or make provisions for seed testing services, employ qualified persons, and incur such expenses as may be necessary to comply with these provisions.
(d) Make or provide for making purity and germination tests of seed for farmers and dealers on request, and to fix and collect charges for the tests made.
III. The commissioner shall adopt rules, under RSA 541-A, relative to:
(a) Governing the method of sampling, inspecting, analyzing, testing and examining seeds subject to this subdivision and the tolerances to be used.
(b) A prohibited and restricted noxious weed seed list, and the allowable number of such seeds per pound, in accordance with N.H. Rev. Stat. § 433:4, I(e).
(c) Reasonable standards of germination for vegetable seeds and flower seeds.
(d) Labeling flower seeds in respect to kind and variety or type and performance characteristics as required by N.H. Rev. Stat. § 433:2.
(e) A list of the kinds of flower seeds subject to the flower seed germination labeling requirements of N.H. Rev. Stat. § 433:2.
(f) A list of tree and shrub seed species subject to germination labeling requirements of N.H. Rev. Stat. § 433:3, II(g).
(g) Methods of determining what constitutes inert matter.
(h) Methods of determining what constitutes pure seed.
(i) The kinds of agricultural seeds generally labeled as to variety, as provided in N.H. Rev. Stat. § 433:2, II(a).
(j) The conditions under which agricultural or vegetable seeds shall be packaged, as provided in N.H. Rev. Stat. § 433:4, I.
(k) Purity and germination tests of seeds for farmers and dealers on request.
(l) Seed labeling license standards and procedures, including, but not limited to, application forms and fees.
(m) The enforcement of this subdivision.