TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY
Chapter 428
POULTRY AND POULTRY PRODUCTS
Poultry Inspection
Section 428:1
428:1 Repealed by 2011, 130:11, IV, eff. Aug. 5, 2011. –
Section 428:2
428:2 Definitions. –
As much as possible, all of the definitions in regard to procedures and rules for the buying, selling and handling of meat products, as provided under RSA 427:2, shall apply to the buying, selling and handling of poultry products under this subdivision. In addition, the following terms shall have the following meanings:
I. The term "Federal Poultry Products Inspection Act" means the act so entitled, approved August 28, 1957 (71 Stat. 441), as amended by the Wholesome Poultry Products Act (82 Stat. 791).
II. The term "container" or "package" includes any box, can, tin, cloth, plastic, or other receptacle, wrapper, or cover.
III. The term "poultry" means any domesticated bird, whether alive or dead.
IV. The term "shipping container" means any container used or intended for use in packaging the product packed in an immediate container.
V. The term "immediate container" includes any consumer package, or any other container in which poultry products, not consumer packaged, are packed.
VI. The term "official establishment" means any establishment, as determined by the commissioner, at which inspection of slaughter of poultry or the processing of poultry products is maintained under the authority of this subdivision.
Source. 1985, 72:1, eff. July 1, 1985.
Section 428:3
428:3 Repealed by 2011, 130:11, V, eff. Aug. 5, 2011. –
Section 428:4
428:4 Repealed by 2011, 130:11, VI, eff. Aug. 5, 2011. –
Section 428:5
428:5 Repealed by 2011, 130:11, VII, eff. Aug. 5, 2011. –
Section 428:6
428:6 Entry of Materials into Official Establishment. –
The state veterinarian may limit the entry of poultry products and other materials into any official establishment, under such conditions as he may prescribe to assure that allowing the entry of such articles into such inspected establishments will be consistent with the purposes of this subdivision.
Source. 1985, 72:1, eff. July 1, 1985.
Section 428:7
428:7 Application of Federal Poultry Products Inspection Act. –
The requirements of this subdivision shall apply to persons, establishments, poultry, poultry products and other articles regulated under the Federal Poultry Products Inspection Act only to the extent provided for in section 23 of said federal act.
Source. 1985, 72:1, eff. July 1, 1985.
Section 428:8
428:8 Costs of Inspection; Limitation. –
The cost of inspection rendered under the requirements of this subdivision shall be borne by the state, except that the cost of overtime and holiday work performed in establishments subject to the provisions of this subdivision shall be at such rates as the commissioner of agriculture, markets, and food may determine, and shall be borne by such establishments. Such costs shall be collected by the commissioner. All employees of the department who are required to make inspections at any time after working 40 hours per week or after working 8 hours per day shall be paid at the rate of time and a half. Labor performed on Saturdays, Sundays and holidays shall also be compensated at the rate of time and a half. Costs collected by the commissioner for such premium pay work shall be available without fiscal year limitation to carry out the purposes of this section.
Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995. 2003, 202:2, eff. July 1, 2003.
Purchase and Sale of Poultry
Section 428:9
428:9 License Required. –
I. No person shall engage in the business of buying live poultry in this state, the meat or meat product of which is to be sold or used for food, from the owner thereof, as defined in this section, unless he has a license from the commissioner of agriculture, markets, and food. Licenses shall be issued in 2 forms:
(a) An unlimited license to each person who shall furnish a bond with sufficient surety in an amount to be determined by the commissioner of agriculture, but not to exceed $50,000, payable to the state of New Hampshire and conditioned on the faithful performance of all legal obligations incurred in the buying and selling of live poultry, the meat or meat product of which is to be sold or used for food; such bond shall be held by the commissioner to satisfy any court judgment obtained or execution issued against any licensee because of failure to perform such legal obligation; and
(b) A limited license which shall permit the licensee to do business on a United States currency, certified check, cashier's check or traveler's check basis only. Applications for licenses herein provided shall be made in such manner and upon such forms as the commissioner of agriculture shall prescribe.
II. For purposes of this section, "owner" is defined as any person having title to live poultry during the periods of time in which such poultry is being grown to marketable size or being kept for egg production.
Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995.
Section 428:10
428:10 Suspension and Revocation. –
Whenever the commissioner of agriculture, markets, and food has reasonable grounds to believe that a licensee has violated any of the provisions of this subdivision or any rule adopted hereunder, he may suspend the license of such licensee forthwith for a period not to exceed 30 days. Upon such suspension the commissioner of agriculture, markets, and food shall notify the licensee thereof and the grounds therefor, and shall set a time and place for hearing. If upon hearing it shall appear that such provisions or rules have been violated, said license shall be revoked; otherwise it shall be reinstated.
Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995.
Section 428:11
428:11 Expiration. –
All licenses issued hereunder shall expire on March 31 of each year.
Source. 1985, 72:1, eff. July 1, 1985.
Section 428:12
428:12 Identification. –
The commissioner shall furnish to each licensee a permit for transportation of live poultry for each vehicle used for transporting live poultry in New Hampshire.
Source. 1985, 72:1, eff. July 1, 1985.
Section 428:13
428:13 Transportation. –
No licensee shall transport live poultry for food purposes without a permit from the department of agriculture, markets, and food which shall designate the vehicle used for such transportation.
Source. 1985, 72:1. 1995, 130:4, eff. July 23, 1995.
Section 428:14
428:14 Additional Vehicles. –
Whenever any licensee shall acquire additional, or shall exchange, vehicles used in such transportation, he shall report the facts to the commissioner and pay the necessary fee.
Source. 1985, 72:1, eff. July 1, 1985.
Section 428:15
428:15 Carrying Permit. –
Every person operating a vehicle used in the business of buying or selling live poultry shall have the permit to engage in such business, or a certified copy thereof, in said vehicle in some easily accessible place.
Source. 1985, 72:1, eff. July 1, 1985.
Section 428:16
428:16 Weighing. –
Before any license or renewal thereof is issued under this subdivision, the applicant shall file with the commissioner a certificate from an inspector of weights and measures to the effect that the weights to be used in the business for buying and selling live poultry have been inspected and have been found correct or furnish the commissioner of agriculture, markets, and food with a declaration to the effect that all poultry purchased by him will be weighed on scales properly sealed by the department.
Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995.
Section 428:17
428:17 Fees. –
The fee for each license issued under this subdivision shall be $20. The price for each permit shall be $15. The fees for transfer shall be $5.
Source. 1985, 72:1, eff. July 1, 1985.
Section 428:18
428:18 Bill of Sale Required. –
No person shall transport live poultry which he has obtained from another from place to place along any public highway unless he has in his possession a bill of sale or other memorandum signed by the vendor, owner, or agent of the same, and containing the address of such vendor or owner, the date of sale or other transaction involving the transfer of possession, the breed, weight, price, and approximate number of live poultry obtained.
Source. 1985, 72:1, eff. July 1, 1985.
Section 428:19
428:19 Rules; Administration. –
I. The commissioner of agriculture, markets, and food shall have general authority to administer this chapter and shall adopt such rules pursuant to RSA 541-A as are necessary to carry out its provisions.
II. Administration of the licensing process required by this chapter shall be the responsibility of the division of animal industry within the department of agriculture, markets, and food as established by RSA 436:2.
Source. 1985, 72:1. 1995, 130:4, 5, eff. July 23, 1995.
Section 428:20
428:20 Penalty. –
Any person violating the provisions of this subdivision shall be guilty of a misdemeanor. Any person who buys live poultry, except from a person licensed under this subdivision or from a person who raised such live poultry or his agent, shall be guilty of a misdemeanor for each offense.
Source. 1985, 72:1, eff. July 1, 1985.
Section 428:21
428:21 Disposal of License Fees and Penalties. –
The commissioner of agriculture, markets, and food shall pay into the state treasury monthly all moneys received under the provisions of this subdivision. The state treasurer shall hold all moneys so received in a separate fund and shall pay out the same upon warrant of the governor and upon order of the commissioner for the purpose of paying the expenses of the administration of the subdivision.
Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995.
Sale of Eggs
Section 428:22
428:22 Definitions. –
Terms used in this subdivision shall be interpreted as stated unless the language or context clearly indicates otherwise.
I. "Adulterated" means a shell egg or shell egg packaging that bears or contains an added substance which may render it injurious to human health; consists in whole or in part of any filthy, putrid or decomposed substance or if it is otherwise spoiled or unfit for use as or contact with human food; has been subject to incubation; has been prepared, packaged or held under unsanitary conditions whereby it may have become contaminated with filth or otherwise rendered injurious to human health.
II. "Commercial egg producer" means any person who ships and/or sells eggs to a distributor, egg dealer, wholesaler, or retail chain.
III. "Shell egg" means hens' egg.
IV. "Person" means any person, firm, partnership, corporation, or association.
V. "Nest run egg" means shell eggs collected from hen houses, prior to being washed, sized, graded, and packaged for sale.
Source. 1985, 72:1, eff. July 1, 1985. 2026, 119:1, eff. Aug. 4, 2026.
Section 428:23
428:23 Labeling. –
I. All egg producers in this state shall follow truth-in-labeling standards.
II. Every producer shall include their business, farm, or personal name, an address or website, and a phone number on any egg carton sold.
III. If a producer uses reused cartons, producers shall inform customers that the eggs inside are not graded and that the size indicated on the carton does not apply to the eggs being sold.
IV. The packaging of all shell eggs sold, delivered or donated to consumers, retailers, food service facilities, dealers, or wholesalers within the state shall identify the producer's name and contact information.
V. All shell eggs sold, delivered or donated to consumers, retailers, food service facilities, dealers, or wholesalers within the state that are labeled or marketed by size via markings on individual shell eggs or packaging shall meet the United States Department of Agriculture standards for size, determination methods and labeling. Shell eggs that are not sized shall not include markings, labeling, be marketed or placed in packaging that implies size.
VI. All eggs sold, delivered or donated to consumers, retailers, food service facilities, dealers, or wholesalers that are labeled or marketed as grades AA, A, or B via markings on individual shell eggs or packaging shall meet the United States Department of Agriculture standards for grades, determination methods and labeling. Shell eggs that are not graded shall not include markings, labeling, be marketed or placed in packaging that implies grade.
Source. 1985, 72:1, eff. July 1, 1985. 2026, 119:1, eff. Aug. 4, 2026.
Section 428:24
428:24 Refrigeration. –
I. All shell eggs sold, delivered or donated to consumers, retailers, food service facilities, dealers, or wholesalers shall be held at a maximum ambient temperature of 45degreeF immediately following packing.
II. All nest run eggs to be sold, delivered or donated to consumers, retailers, food service facilities, dealers, or wholesalers shall be held at a maximum ambient temperature of 55degreeF immediately after collection.
Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995. 2026, 119:1, eff. Aug. 4, 2026.
Section 428:24-a
428:24-a Exemption for Certain Producers. –
Producers who sell exclusively from their residence, farm store or stand, or to local stores and/or establishment shall label their eggs in accordance with RSA 428:23, but otherwise shall not be subject to RSA 428:22 through RSA 428:24 and RSA 428:25 through RSA 428:29.
Source. 2026, 119:1, eff. Aug. 4, 2026.
Section 428:25
428:25 Prohibitions. –
I. No person, processor, packer, distributor/wholesaler, retailer or food service facility shall sell, deliver, donate or use shell eggs or packaging that do not meet the requirements of these regulations.
II. No person, processor, packer, distributor/wholesaler, retailer or food service facility shall sell, deliver, donate or use adulterated shell eggs or packaging.
Source. 1985, 72:1, eff. July 1, 1985. 2026, 119:1, eff. Aug. 4, 2026.
Section 428:26
428:26 Rulemaking; Assistants. –
The commissioner of agriculture, markets, and food shall have general authority to administer this subdivision and shall adopt rules, pursuant to RSA 541-A, for carrying out its provisions. He or she may appoint agents to assist them and fix their salaries within the amount appropriated therefore, subject to the rules of the state personnel commission. He or she shall, in person, or by their deputy or agent, have free access at all reasonable hours to any place, building, or vehicle in which eggs are sold, offered, or exposed for sale, or exchanged or distributed at retail, or wholesale. He or she shall also have power in person or by their deputy or agent to open any package or container and may upon tendering the market price take such container and its contents or sample therefrom.
Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995. 2026, 119:1, eff. Aug. 4, 2026.
Section 428:27
428:27 Hearings. –
When the commissioner of agriculture, markets, and food learns of any violation of any of the provisions of this subdivision, he or she shall cause notice of such violations, together with the copy of their findings, to be given the person or persons concerned. Persons so notified shall be afforded a hearing under rules adopted by the commissioner under RSA 541-A.
Source. 1985, 72:1. 1995, 130:5, eff. July 23, 1995. 2026, 119:1, eff. Aug. 4, 2026.
Section 428:28
428:28 Penalties. –
I. Any person who, acting alone or by their servant or agent, violates any provision of this subdivision or rule adopted under this subdivision shall be guilty of a misdemeanor. For any subsequent offense, a person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. Any person who violates any provision of this subdivision or any rule adopted or order issued under this subdivision shall, in addition, be liable for a civil forfeiture not to exceed $5,000 for each violation, for each day of a continuing violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general.
III. Any person who violates any provision of this subdivision, or any rule or order of the commissioner, shall be subject to the imposition of an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
Source. 1985, 72:1. 1991, 44:2. 1995, 130:5, eff. July 23, 1995. 2026, 119:1, eff. Aug. 4, 2026.
Section 428:29
428:29 Stop Sale, Use or Removal Orders. –
When the commissioner or their authorized agent has reasonable cause to believe eggs are being distributed in violation of this subdivision, or of any rules adopted pursuant to this subdivision, he or she may issue and serve a written "stop sale, use or removal" order upon the owner or custodian of any such eggs. The eggs shall not be sold, used or removed until the provisions of this subdivision have been complied with, and the eggs have been released by the commissioner, or the violation has been otherwise disposed of as provided in this subdivision by a court of competent jurisdiction.
Source. 1985, 72:1. 1991, 44:3, eff. Jan. 1, 1992. 2026, 119:1, eff. Aug. 4, 2026.
Section 428:29-a
Repealed by 2026, 119:2, eff. Aug. 4, 2026. For derivation information, see the Historical and Statutory Notes.
428:29-a Repealed by 2026, 119:2, eff. Aug. 4, 2026. –
Section 428:30
428:30 Repealed by 2012, 114:6, I, eff. July 1, 2012. –