Revision: March 21, 2024, 11:31 a.m.
HB 1628 - AS AMENDED BY THE HOUSE
21Mar2024... 0956h
2024 SESSION
24-3138
08/05
HOUSE BILL 1628
AN ACT relative to regulatory authority for apples, coal grading, potatoes, cider, milk, and lumber.
SPONSORS: Rep. Bixby, Straf. 13
COMMITTEE: Environment and Agriculture
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AMENDED ANALYSIS
This bill repeals certain regulatory statutes that have been preempted by the federal government and moves regulatory authority for apples, cider, and lumber to the chapter relative to standards for farm products.
This bill is a request of the committee to study the New Hampshire law relative to standards for farm products and marketing and grading commodities established in 2023, 12:1.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21Mar2024... 0956h 24-3138
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to regulatory authority for apples, coal grading, potatoes, cider, milk, and lumber.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivisions; Apples, Apple Cider, and Lumber. Amend RSA 426 by inserting after section 10 the following new subdivisions:
Apples
426:11 Requirements for Production, Sale and Marketing. Requirements for production, sale, and marketing of apples in New Hampshire shall be identical to the requirements promulgated by the secretary of the United States Department of Agriculture.
426:12 Hearings. When the commissioner learns of any violation of any provision of this subdivision he or she shall cause notice of such violation, together with a copy of the findings, to be given to the person or persons concerned. Persons so notified shall be afforded a hearing under rules adopted by the commissioner, under RSA 541-A. Affidavits under oath may be received by the commissioner of agriculture, markets, and food.
Cider
426:13 Definitions. In this subdivision:
I. "Cider" means the unfermented juice of apples.
II. "Commissioner" means the commissioner of the department of agriculture, markets, and food.
III. "Person" means any individual, firm, company, partnership, corporation, association, cooperative, business trust, or legal entity of any kind.
426:14 Manufacture and Sale. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the manufacture, blending, labeling, and sale of cider in New Hampshire. Such rules shall be designed to ensure the following:
I. That any cider which is claimed or implied to have been produced in New Hampshire is in fact produced in New Hampshire.
II. That the term "cider" have a specific commercial definition in New Hampshire, and that the term's commercial use in New Hampshire be restricted to the sale of products which fall under that definition.
III. ?That all other terms used in the labeling and sale of cider and cider blends in New Hampshire be consistent and clear.
IV. That any container of cider sold in New Hampshire bears a label which clearly identifies its producer, and which conspicuously and accurately describes its contents.
V. That unpasteurized cider may be sold within the state if such cider is clearly labeled as unpasteurized.
426:14 Prohibitions. It shall be unlawful in New Hampshire to manufacture, sell, or distribute cider or any product called "cider" by any means that violate any of the provisions of this subdivision, or any of the rules adopted under this subdivision.
426:15 Administrative Authority; Inspectors; Rulemaking. The commissioner shall have general authority to administer and enforce the provisions of this subdivision and may adopt rules pursuant to RSA 541-A as are necessary to carry out the purposes of this subdivision. The commissioner or duly authorized agent shall have free access at all reasonable hours to any place, building or vehicle in which apple cider is manufactured, sold, offered, or exposed for sale or exchanged or distributed at retail or wholesale. The commissioner or duly authorized agent shall have authority to open any package or container, and may upon tendering the market price take such container and its contents or sample from the package or container.
426:16 Stop Sale, Use or Removal Orders. When the commissioner or duly authorized agent has reasonable cause to believe cider is being distributed in violation of any of the provisions of this subdivision, or any of the rules adopted under this subdivision, the commissioner or duly authorized agent may issue and serve a written "stop sale, use or removal" order upon the owner or custodian of any such cider. The cider shall not be sold, used or removed until the provisions of this subdivision have been complied with and the cider has been released by the commissioner or duly authorized agent or the violation has been otherwise disposed of as provided in this subdivision by a court of competent jurisdiction.
426:17 Hearings. When the commissioner learns of any violation of any provision of this subdivision, notice of such violation, together with a copy of the findings, shall be given to the person or persons concerned. Persons so notified shall be afforded a hearing under rules adopted by the commissioner. Affidavits under oath may be received by the commissioner.
Grading and Certification or Stamping of Native Lumber
426:18 Grading and Certification or Stamping of Native Lumber.
I. For the purposes of this subdivision, "native lumber" means wood processed in the state of New Hampshire by mills registered in accordance with the provisions of RSA 227-I. Such wood shall be considered certified or stamped in accordance with the requirements of this section.
II.(a) Notwithstanding any provision of law to the contrary, a mill registered in accordance with RSA 227-I selling native lumber shall, when required, certify in writing to the purchaser on a form approved by the commissioner of agriculture, markets, and food that the quality and safe working stresses of the lumber are equal to or better than No. 2 grade in accordance with the conditions set forth in the American Softwood Standard PS 20-70, or as amended, provided that lumber for use in load bearing wall members shall be of stud grade minimum. The certificate shall include wood species, quantity, location of use, green or dry, sawmill name, name of permitted grader and date. The certification shall be filed with the local building official having jurisdiction as part of the building permit application.
(b) Notwithstanding subparagraph (a), a mill registered in accordance with RSA 227-I selling native timber may stamp such timber.
III. The commissioner of agriculture, markets, and food, in consultation with the division of forests and lands and the University of New Hampshire cooperative extension, shall establish standards for mill graders who will stamp or certify native lumber. The commissioner shall issue a written permit to each mill grader who has received training and who demonstrates by examination or other procedure prescribed by the commissioner in rulemaking, competence and ability to grade and certify or stamp native lumber in accordance with paragraph II of this section. No lumber shall be sold as certified or stamped native lumber unless it is accompanied by a certificate signed by a grader holding a valid permit.
IV. Any municipality which has adopted a building code which requires regular grade stamped lumber shall accept a stamp or a certificate prepared pursuant to this subdivision which certifies that the native lumber meets the appropriate structural standards in lieu of an accepted and recognized lumber grading stamp. Any structure which is built with such approved native lumber shall be considered equivalent to a structure built with regular grade stamped lumber.
426:19 Rulemaking. ?The commissioner of agriculture, markets, and food shall adopt rules, under RSA 541-A, necessary to administer this subdivision.
426:20 Prohibited Acts; Administrative Penalty. ? It shall be unlawful for any person to sell any lumber as stamped or certified native lumber unless such lumber has been graded and certified or stamped in accordance with RSA 426:34. Any person who violates any provision of this subdivision or any rule or order adopted or issued under this subdivision shall be liable for an administrative fine not to exceed $1,000 for each violation.
2 Cider; Definition; Cross Reference Changed. Amend RSA 175:1, XVI-a to read as follows:
XVI-a. "Cider" means either the naturally fermented expressed juice of apples or the fermented expressed juice of apples to which activated yeast is added, containing not less than 1/2 of one percent alcohol by volume at 60 degrees Fahrenheit, which may contain flavoring, coloring or related ingredients and may be carbonated or fermented in a sealed container to produce a sparkling beverage or liquor. Cider, as defined here, shall not include cider as defined in [RSA 434:40-a] RSA 426:13.
3 Repeals. The following are repealed:
I. RSA 426:6 relative to the definition of “organic.”
II. RSA 426:6-a relative to the labeling and advertising of items as “organic.”
III. RSA 426:6-b, I relative to the certification of organic goods.
IV. RSA 426:6-b, VI relative to the certification of organic goods.
V. RSA 426:6-c, relative to the regulatory services promotional products fund.
VI. RSA 426:6-d, relative to the organic processors-handlers certification fund.
VII. RSA 426:8-a, relative to fees.
VIII. RSA 434:1-3, relative to standards for box sizing.
IX. RSA 434:7-8, relative to standards for ice dealers.
X. RSA 434:9-10 relative to coal grading standards.
XI. RSA 434:11-18, relative to standards for potatoes.
XII. RSA 434: 19-39, relative to apple grading standards and procedures.
XIII. RSA 434:40-a through 434:4-h, relative to cider standards.
XIV. RSA 434:41-58, relative to regulatory authority for milk standards, licensing, and pricing.
XV. RSA 434:59-61, relative to lumber standards.
XVI. RSA 6:12, I(b)(346), relative to the regulatory services promotional products fund.
XVII. RSA 6:12, I(b)(347), relative to the organic processors-handlers certification fund.
4 Effective Date. This act shall take effect 60 days after its passage.