N.H. Admin. Code § Pes 506.09

Current through Register No. 2, January 9, 2025
Section Pes 506.09 - Emergency Provisions
(a) "Agricultural emergency" means a state of emergency declared by the commissioner due to a sudden pest outbreak that will cause extensive damage and economic loss to a crop within a short period of time.
(b) Pursuant to RSA 430:2, the commissioner of agriculture, markets and food, after consultation with the state entomologist and the director, division of forests and lands, department of resources and economic development concerning agricultural and forestry related emergencies, and, pursuant to RSA 141-C:25,III,(b), the commissioner, department of health and human services and the state entomologist concerning public health emergencies, shall authorize the application of pesticides by aerial methods in emergency situations provided that the person requesting the application has complied with Pes 506.09(c), (d) and (e).
(c) The applicant shall submit an application pursuant to Pes 506.02(a), (d) and (e) (1)-(5), (10), and (11), and detailed maps of a scale no less than 1:25000 showing the following:
(1) The treatment area(s);
(2) Surrounding areas; and
(3) Sensitive areas, as listed under Pes 505.05(d)(4)c., that are inside of and within one-quarter mile of the treatment area.
(d) The applicant shall provide information:
(1) Regarding agricultural and forestry related emergencies, sufficient to enable the commissioner to determine crop and economic loss, including:
a. Size of the crop;
b. Economic value of the crop;
c. Estimated loss through potential pest damage;
d. Estimated impact on annual income as a result of loss of crop; and
e. Assessment of alternative means to control the pest; or
(2) Regarding a public health emergency, sufficient to enable a determination of the potential public health threat, including:
a. Alternative methods considered to control the pest;
b. Population who would be affected by the health threat; and
c. Assessment of potential impact on the population.
(e) The applicant shall provide notification prior to application of pesticides in accordance with the provisions of Pes 505.06(p).

N.H. Admin. Code § Pes 506.09

#5127, eff 4-29-91; ss by #6258, eff 5-30-96; ss by #6834, eff 8-26-98; amd by #7341, EMERGENCY, eff 8-7-00 EXPIRED: 2-3-01

New. #7553, eff 9-5-01; ss by #8131, eff 8-13-04

Ss by #10333, eff 5/10/2013.