Section Agr 2501.02 - DefinitionsIn addition to the definitions in RSA 433:21, the following shall apply:
(a) "Audit" means an inspection by the inspectors authorized by the department to verify compliance with the terms conditioned in a compliance agreement;(b) "Best management practices" means processes and actions based on the best available science that provide the most cost-effective and efficacious way to address an issue, such as preventing or reducing pest and pathogen problems;(c) "Business location" means any address engaged in the act of selling or offering for sale rooted plants;(d) "Certificate of origin" means a document authorized or prepared by a duly authorized federal or state regulatory official that affirms, declares, or verifies that an article, nursery stock, plant, product, shipment, or any other officially regulated article originated from the location as stated;(e) "Compliance agreement" means any written agreement between a person and the department to achieve compliance with any set of requirements being enforced by the department;(f) "Critical control point" means a step in the nursery production cycle, based on risk analysis, where best management practices could be used to reduce or eliminate pest risk;(g) "Department" means the New Hampshire department of agriculture, markets and food;(h) "Director" means the state entomologist, qualified by scientific training and practical experience, directly answerable to the commissioner, in charge of and responsible for the activities of the division of plant industry;(i) "Disposal" means disposed of in an appropriate manner that will not allow the pest to survive or spread. Methods include, but are not limited to, encapsulating plants in plastic bags and disposing of the plant material through trash pickup, open burning, incineration, or burial of infested nursery stock;(j) "Emergency" means any situation in which the department has declared a public nuisance or when in the opinion of the department a plant pest, pathogen, noxious weed, or arthropod endangers or threatens the horticultural or agricultural interests of the state;(k) "Federal phytosanitary certificate" means a document prepared by a duly authorized federal or state regulatory official that affirms, declares, or verifies that nursery stock, plant, product, shipment, or any other officially regulated article meets the phytosanitary requirements of the import country;(l) "Invasive species" means all plant, insect and fungal species that any person or persons are prohibited from collecting, transporting, selling, distributing, propagating, or transplanting, including all of their cultivars and varieties as prohibited under RSA 430:53, III;(m) "Landscaper" means any person involved in the practice of buying, transporting, planting, cultivating, or selling nursery stock for landscape purposes;(n) "License" means an authorization from the director to sell plant stock;(o) "Nursery" means any location where plants with roots are propagated, grown, stored, or sold. These include, but are not limited to, nurseries, garden centers, greenhouses, landscape facilities, florists, roadside dealers, supermarkets, and stores;(p) "Nurseryman" means any person who owns, leases, manages, or is in charge of a nursery for the purpose of selling or offering nursery stock for sale;(q) "Nursery stock" means any woody or herbaceous plant material being offered for sale. Woody plant material includes, but is not limited to: ornamental and fruiting trees, shrubs, vines, and all viable parts of these plants; and any other plant or plant part designated by the commissioner. Herbaceous plant material includes, but is not limited to: annuals, perennials, bulbs, tubers, root stock, or any other type of plant or plant part designated by the commissioner. Nursery stock does not include cut Christmas trees, wreaths, seeds, dried herbs, vegetables, cut flowers, or such plant products;(r) "Person" means any individual, governmental entity, firm, partnership, corporation, company, society, association, or any organized group of persons whether incorporated or not, and every officer, agent, or employee thereof;(s) "Plant dealer" means any person, firm, partnership, association, or corporation not a grower or an original producer of nursery stock in New Hampshire who buys, acquires, or receives on consignment nursery stock for the purpose of re-selling, transporting, or otherwise disposing of the stock;(t) "Quarantine tags, labels, and certificates" means documents bearing a statement addressing specific insects, arthropod pests and/or plant diseases;(u) "Sell or offer for sale" means to offer for sale, expose for sale, possess for sale, exchange, barter, or trade. All entities that engage in such conduct "sell or offer for sale", including but not limited to nurseries, wood-using industries, persons, or landscapers;(v) "State exterior quarantine" means a quarantine regulation adopted by a noninfested state to prevent or delay the introduction of a pest into the state;(w) "State interior quarantine" means a quarantine regulation adopted against a pest to prevent spread of the pest within state borders; and(x) "State phytosanitary certificate" means a document prepared by a duly authorized state regulatory official that affirms, declares, or verifies that nursery stock, plant, product, shipment, or any other officially regulated article meets phytosanitary requirements of the state or any US territory where the shipment is being sent.N.H. Admin. Code § Agr 2501.02
#5359, eff 3-17-92; ss by #6708, eff 3-4-98, EXPIRED: 3-4-06
New. #9323, eff 11-21-08
Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12114, Effective 2/21/2017, Expires 2/21/2027.Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12114, Effective 2/21/2017, Expires 2/21/2027.Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12114, Effective 2/21/2017, Expires 2/21/2027.