Bill Text - HB386 (2005)

Relative to agricultural best management practices.


Revision: Jan. 21, 2010, midnight

CHAPTER 59

HB 386 – FINAL VERSION

2005 SESSION

05-0454

08/10

HOUSE BILL 386

AN ACT relative to agricultural best management practices.

SPONSORS: Rep. Babson, Carr 3

COMMITTEE: Environment and Agriculture

ANALYSIS

This bill makes certain changes to agricultural best management practices regarding fertilizers.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0454

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to agricultural best management practices.

Be it Enacted by the Senate and House of Representatives in General Court convened:

59:1 Agricultural Fertilizers; Definitions. Amend RSA 431:33, I-II to read as follows:

I. “Agricultural compost” means mixtures of decomposing [vegetable] organic matter, [including] that may include manure, stored and managed on farms and used to condition and fertilize soils used for production of agricultural crops.

II. “[Chemical] Commercial fertilizer” means [substances as defined in RSA 431:3, I-V.] any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and other products exempted by rule by the commissioner.

59:2 Agricultural Fertilizers. Amend RSA 431:34 to read as follows:

431:34 Best Management Practices. In consultation with the agricultural advisory board, the commissioner of environmental services, the United States Natural Resources Conservation Service, the New Hampshire agricultural experiment station, the university of New Hampshire cooperative extension, and other appropriate agencies, the commissioner of agriculture, markets, and food shall identify and publish the best management practices for handling manure, agricultural compost, and [chemical] commercial fertilizer. Such practices shall be based upon the best available research and scientific data so as to permit the maximum use of nutrient and soil conditioning values, while achieving the least possible adverse impact upon the environment or human, animal and plant health.

59:3 Agricultural Fertilizers; Handling. Amend the introductory paragraph of RSA 431:35, I to read as follows:

I. The commissioner shall investigate complaints of improper handling of manure, agricultural compost, and [chemical] commercial fertilizer, including, but not limited to, complaints of improper storage and spreading. If the commissioner is able to identify the source of the improper handling and has reason to believe such handling is a nuisance caused by failure to use best management practices, the commissioner shall:

59:4 Effective Date. This act shall take effect 60 days after its passage.

(Approved: May 23, 2005)

(Effective Date: July 22, 2005)