CHAPTER 326
SB 388 – FINAL VERSION
02/02/06 0577s
05/24/06 2281CofC
05/24/06…2389eba
2006 SESSION
08/10
SENATE BILL 388
AN ACT relative to farm composting and pesticides.
COMMITTEE: Environment and Wildlife
This bill adds composting to the list of defined farm activities and designates compost as a farm product.
This bill also specifies pesticides for inclusion in state management plans to protect groundwater from pesticide contamination.
This bill was requested by the department of agriculture, markets, and food.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/02/06 0577s
05/24/06 2281CofC
05/24/06…2389eba
06-3027
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to farm composting and pesticides.
Be it Enacted by the Senate and House of Representatives in General Court convened:
326:1 Farm, Agriculture, Farming. Amend RSA 21:34-a, II to read as follows:
II. The words “agriculture” and “farming” mean all operations of a farm, including:
(a)(1) The cultivation, conservation, and tillage of the soil.
(2) The storage, use of, and spreading of commercial fertilizer, lime, wood ash, sawdust, compost, animal manure, septage, and, where permitted by municipal and state rules and regulations, other lawful soil amendments.
(3) The use of and application of agricultural chemicals.
(4) The raising and sale of livestock, which shall include, but not be limited to, dairy cows and the production of milk, beef animals, swine, sheep, goats, as well as domesticated strains of buffalo or bison, llamas, alpacas, emus, ostriches, yaks, elk (Cervus elephus canadensis), fallow deer (Dama dama), red deer (Cervus elephus), and reindeer (Rangifer tarandus).
(5) The breeding, boarding, raising, training, riding instruction, and selling of equines.
(6) The commercial raising, harvesting, and sale of fresh water fish or other aquaculture products.
(7) The raising, breeding, or sale of poultry or game birds.
(8) The raising of bees.
(9) The raising, breeding, or sale of domesticated strains of fur-bearing animals.
(10) The production of greenhouse crops.
(11) The production, cultivation, growing, harvesting, and sale of any agricultural, floricultural, forestry, or horticultural crops including, but not limited to, berries, herbs, honey, maple syrup, fruit, vegetables, tree fruit, flowers, seeds, grasses, nursery stock, sod, trees and tree products, Christmas trees grown as part of a commercial Christmas tree operation, trees grown for short rotation tree fiber, compost, or any other plant that can be legally grown and harvested extensively for profit or subsistence.
(b) Any practice on the farm incident to, or in conjunction with such farming operations, including, but not necessarily restricted to:
(1) Preparation for market, delivery to storage or to market, or to carriers for transportation to market of any products or materials from the farm.
(2) The transportation to the farm of supplies and materials.
(3) The transportation of farm workers.
(4) Forestry or lumbering operations.
(5) The marketing or selling at wholesale or retail, on-site and off-site, where permitted by local regulations, any products from the farm.
(6) Irrigation of growing crops from private water supplies or public water supplies where not prohibited by state or local rule or regulation.
(7) The use of dogs for herding, working, or guarding livestock, as defined in RSA 21:34-a, II(a)(4).
(8) The production and storage of compost and the materials necessary to produce compost, whether such materials originate, in whole or in part, from operations of the farm.
326:2 Pesticides. Amend RSA 430:31, IV(x) to read as follows:
(x) Development and administration of state management plans to protect groundwater from pesticide contamination, for pesticides that are classified as general use, restricted-use, or both under the federal Insecticide, Fungicide, and Rodenticide Act section 3(d)(1)(C)(ii) subject to restrictions under United States Environmental Protection Agency approved management plans funded through the fund established in RSA 430:34, V.
326:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 26, 2006
Effective: August 25, 2006