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New Hampshire’s Farmers’ Markets & The Legalities Affecting Their Viability

New Hampshire Farmers’ Market Association nhfma.org In partnership with NHMade.com Sponsored in part by grants from: The NH Department of Agriculture, Markets and Food and Stonyfield Farm. New Hampshire’s Farmers’ Markets & The Legalities Affecting Their Viability.

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New Hampshire’s Farmers’ Markets & The Legalities Affecting Their Viability

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  1. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NH Department of Agriculture, Markets and Foodand Stonyfield Farm New Hampshire’s Farmers’ Markets & The Legalities Affecting Their Viability

  2. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NH Made.Sponsored in part by grants from: The New Hampshire Department of Agriculture, Markets and Foodand Stonyfield Farm, www.stonyfield.com Establishment of the NH Farmers’ Market Association • Farmer’s markets are making a comeback in the Granite State. • In 2001 there were 29 NH farmers’ markets; 34 in 2002, 45 in 2003, and 54 in 2005; 54 in 2006; 57 in 2007 (Canterbury, Newbury, North Woodstock)? • More than 300 vendors • NH farmers’ markets grossed over $800K in 2003; $1.5 M in 2006 • WIC FMNP in 2005 redeemed coupons worth $172,000 • NH farmers’ markets participated in a UNHCE pilot project to redeem food stamp benefits • In May of 2004, NHFMA became a special committee within NH Made

  3. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm Are those products you want to sell at a farmers’ market legal in NH? This workshop will identifying licensing, liability and other such issues. Do we need to modify the NH and Federal laws? If we do, is there a committee, do we need form one? Do we have a sponsor who will push it through the legislature and/or write the bills, or do we need to write the bill? The NHFMA will present how they are approaching these issues.

  4. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm RSA 21:34-a Farm, Agriculture, Farming. I. The word "farm' means any land, buildings, or structures on or in which agriculture and farming activities are carried out or conducted . . .. 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 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. (10) The production of greenhouse crops. (11) The production, cultivation, growing, harvesting, and sale of any agricultural, . . crops . . . 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. (5) The marketing or selling at wholesale or retail, on-site and off-site, where permitted by local regulations, any products from the farm. III. A farm roadside stand shall remain an agricultural operation and not be considered commercial, provided that at least 35 percent of the product sales in dollar volume is attributable to products produced on the farm or farms of the stand owner.

  5. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm RSA 47:17 Bylaws and Ordinances. The city councils shall have power to make all such salutary and needful bylaws as towns . . . for the following purposes: XII. MARKETS, SALES. To establish markets and market-places;. . . XV. MISCELLANEOUS. Relative to . . . licensing and regulating butchers, petty grocers, or hucksters, peddlers, hawkers, and common victualers;

  6. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm RSA Section 320:1s General Provision (HAWKERS AND PEDDLERS) 320:1 Definition. The terms "hawker' and "peddler' shall mean and include any person, as defined by RSA 358-A:1, either principal or agent, who: I. Travels from town to town or from place to place in the same town selling or bartering, or carrying for sale or barter or exposing therefor, any goods, wares, or merchandise, either on foot or from any animal, cart, or vehicle; or III. Keeps a regular place of business, open during regular business hours at the same location, but who offers for sale or sells and delivers, personally or through his agents, at a place other than his regular place of business, goods, wares, or merchandise. 320:3 Exceptions. The provisions of this chapter shall not apply to the following: II. Any person selling the product of his own labor or the labor of his family or the product of his own farm or the one he tills. IV. Any nonprofit organization, community chest, fund or foundation organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes when no part of the entity's earnings benefit any private shareholder or individual. Exception: . . .under the jurisdiction of city or town health officers under RSA 147:1 and RSA 47:17.

  7. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm RSA Section 432:33 [Nuisance Liability of Agricultural Operations] 432:33 Immunity from Suit. – No agricultural operation shall be found a public or private nuisance as a result of changed conditions in or around the locality of the agricultural operation, if such agricultural operation has been in operation for one year or more and if it was not a nuisance at the time it began operation. This section shall not apply when any aspect of the agricultural operation is determined to be injurious to public health or safety under RSA 147:1 or RSA 147:2. 508:14 Landowner Liability Limited. I. An owner, occupant, or lessee of land, including the state or any political subdivision, who without charge permits any person to use land for recreational purposes or as a spectator of recreational activity, shall not be liable for personal injury or property damage in the absence of intentionally caused injury or damage. II. An owner of land who permits another person to gather the produce of the land under pick-your-own or cut-your-own arrangements, provided said person is not an employee of the landowner and notwithstanding that the person picking or cutting the produce may make remuneration for the produce to the landowner, shall not be liable for personal injury or property damage to any person in the absence of willful, wanton, or reckless conduct by such owner. NHFMA Recommended Insurance Needs: Market general liability (trip and fall) Vendor general liability Vendor product liability Beginner Farmer Farmers’ Market Insurance program:

  8. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm Section 672:1 [Planning and Zoning] Declaration of Purpose. – The general court hereby finds and declares that: III-b. Agriculture makes vital and significant contributions to the food supply, the economy, the environment and the aesthetic features of the state of New Hampshire, . . . Agricultural activities are a beneficial and worthwhile feature of the New Hampshire landscape and shall not be unreasonably limited by use of municipal planning and zoning powers or by the unreasonable interpretation of such powers; III-d. For purposes of paragraphs III-b, III-c, and III-e, "unreasonable interpretation' includes the failure of local land use authorities to recognize that agriculture, forestry, and commercial and recreational fisheries, when practiced in accordance with applicable laws and regulations, are traditional, fundamental and accessory uses of land throughout New Hampshire, and that a prohibition upon these uses cannot necessarily be inferred from the failure of an ordinance or regulation to address them; Section 674:17 Purposes of Zoning Ordinances. – I. Every zoning ordinance shall be adopted in accordance with the requirements of RSA 674:18. Zoning ordinances shall be designed: (i) To encourage the preservation of agricultural lands and buildings; and

  9. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm Section 674:32-b [Existing Agricultural Uses.] – Any agricultural use which exists pursuant to RSA 674:32-a may without restriction be expanded, altered to meet changing technology or markets, or changed to another agricultural use, as set forth in RSA 21:34-a, so long as any such expansion, alteration, or change complies with all federal and state laws, regulations, and rules, including best management practices adopted by the commissioner of agriculture, markets, and food; subject, however, to the following limitations: (a) Any new establishment, re-establishment after disuse, or significant expansion of an operation involving the keeping of livestock, poultry, or other animals may be made subject to special exception, building permit, or other local land use board approval. (b) Any new establishment, re-establishment after disuse, or significant expansion of a farm stand, retail operation, or other use involving on-site transactions with the public, may be made subject to applicable special exception, building permit, or other local land use board approval.

  10. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm Section 674:32-c [Agricultural Uses of Land] Other General Provisions. – I. The tilling of soil and the growing and harvesting of crops and horticultural commodities, as a primary or accessory use, shall not be prohibited in any district. II. Nothing in this subdivision shall exempt new, re-established, or expanded agricultural operations from generally applicable building and site requirements . . .; provided, however, that in circumstances where their literal application would effectively prohibit an agricultural use allowed by this subdivision, or would otherwise be unreasonable in the context of an agricultural use,. . . . Such waiver shall continue only as long as utilized for the permitted agricultural use. IV. Nothing in this subdivision shall be deemed to affect the regulation of sludge or septage.

  11. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm RSA 175:1 Definitions. – In this title: [ALCOHOLIC BEVERAGES, CHAPTER 175, DEFINITIONS AND GENERAL PROVISIONS] XXXI-a. "Farmers' market' means an event or series of events at which 2 or more vendors of agricultural commodities gather for purposes of offering for sale such commodities to the public. Commodities offered for sale must include, but are not limited to, products of agriculture, as defined in RSA 21:34-a. "Farmers' market' shall not include any event held upon any premises owned, leased, or otherwise controlled by any individual vendor selling therein. RSA 21:34-a Farm, Agriculture, Farming. – V. The term ""farmers' market'' means an event or series of events at which 2 or more vendors of agricultural commodities gather for purposes of offering for sale such commodities to the public. Commodities offered for sale must include, but are not limited to, products of agriculture, as defined in paragraphs I-IV. ""Farmers' market'' shall not include any event held upon any premises owned, leased, or otherwise controlled by any individual vendor selling therein. HB 236, relative to the use of "farmer's markets" in trade names.  OUGHT TO PASS. Some businesses which do not meet the statutory definition of the term use the name farmers markets.  This bill does not impinge upon any business enterprise using the term "farmers' market" in its trade name if that name has already been registered at the time of passage of this bill.  Vote 15-1.

  12. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm NH WIC Farmers’ Market Nutrition Program: Limited to fresh fruits, vegetables and herbs purchased at a farmers’ market. Vendors must register with NHDAMF, 603-271-3788 Vendors must be trained prior to accepting WIC FMNP: NHDHHS, 800-WIC-4321 or 271-4935/4546 The Food Stamp Program: Any farmers’ market, farm stand or individual farmer may be licensed to redeem food stamp benefits for all food intended to be eaten at home, not in a store, nor hot at the point of sale: Breads/cereals Dairy products Fruit and vegetables Meat, fish and poultry Non-alcoholic beverages, snack foods, soft drinks, candy and ice Seeds and plants intended to grow food, but not for growing flowers or feeding to birds. USDA/FNS, Robert Hughes, 225-5253 NH Food Stamps at Farmers Market SARE Grant: Helen Costello, UNHCE Nutrition Connections, 224-9298

  13. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm Pesticide Licensing Pesticide: Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest or intended for use as a plant regulator, defoliant or desiccant New Hampshire Pesticide Licensing Requirements: Anyone using Restricted Use pesticides Anyone applying any Restricted or General use pesticides (any pesticide) in the course of employment. All farmers who use pesticides on a crop for sale must have a general or restricted use license. A person using a General use pesticide on his or her own property is exempt. Types of Licenses A private applicator is one who purchases and/or uses or supervises the use of a restricted-use pesticide on their own property or anyone else's property for the purpose of producing an Agricultural Commodity as long as they do it without direct compensation for their services. A commercial applicator is any individual applying pesticides on a commercial basis, on the property of another. . . . regardless of whether the applicator gets paid for the service and regardless of whether the pesticide would be classified as general use, including over the counter home owner type pesticides, or restricted use pesticides. RSA 430:33 Pesticide Applicator Registration Certificates and Permits Pesticide Safety Education Program: Contact your local county agricultural educator, or Rachel Maccini, Coordinator at 603-629-9494 extension 130.

  14. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm Pesticide: Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest or intended for use as a plant regulator, defoliant or desiccant agriculture.nh.gov/rules/index.htm Pes 700 Sale and Use of Pesticides, Prohibited and Restricted Use Pesticides www.ams.usda.gov/nop/NOP/standards/ListReg.html § 205.601 Synthetic substances allowed for use in organic crop production.

  15. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm Selling Shell (Fresh) Eggs Poultry eggs may be freely sold at any location in NH--no license is required. Farms with more than 3,000 laying hens are required to register under USDA Egg Products Inspection Act—NHDAMF implements EPIA. RSA 428:22-30 requires labeling of eggs under USDA grade standards. Eggs held for retail sale must be refrigerated at a temperature of no more than 450F. NHDAMF, Bureau of Markets, 271-3685 or NHDHHS, Bureau of Food Protection, 271-4583.

  16. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm Poultry and Meat Meat—All meat products that are sold must be inspected by the USDA Food safety and Inspection Service and bear the marks of Federal Inspection. Poultry Exemptions: Producer Grower (PG) • May slaughter and process poultry for distribution (buying and selling) by anyone operating under the PG exemption. • No more than 1,000 birds per calendar year. • Product Label: Name and Address and statement, “Exempt Public Law 90-492”. • Only distributed in State where prepared • There are a number of other exemptions; each exemption is determined on a case by case basis. Agr 1600 POULTRY, RSA 428:19 and RSA 436:24 USDA Albany District Office, Herb Vedder, 518-452-6870, herbert.vedder@fsis.udsa.gov

  17. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm Cheese, Butter, Yogurt and Other Dairy Products Must Be Made From Pasteurized Milk! Raw Milk: RSA 184:30-a, states no milk or milk products as defined in RSA 184:79 shall be sold, offered for sale or served unless pasteurized. This shall not serve to prohibit the direct sale of raw milk or cream from the producer, store or milk pasteurization plant to the final consumer… Raw milk and cream may be sold directly to the consumer from the farm or to the consumer from the farmer at a farmer’s market, if less than an average of 20 quarts of raw milk are sold per day RSA 184:30-a allows for “the sale, within the state, of cheese made from raw milk when such cheese has been aged a minimum of 60 days at a temperature above 35 degrees Fahrenheit, and is clearly labeled as unpasteurized.” Milk and milk products must be stored at 45°f or less. Below 40°f is best. NHDHHS, 271-4673, lkeller@dhhs.state.nh.us

  18. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm RSA 429 Maple and Honey Products RSA 434:11 Grading and Marking Potatoes RSA 434:40-b CiderRules Agr 901 Apples Agr 904 Maple Syrup Agr 907Cider RSA 438:4 State Standards of Weights and Measures Agr 1401Weights and Measures Definitions agriculture.nh.gov/rules/index.htm

  19. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm Food Manufacturing in a Residential Kitchen (Class F, $75 /year) The only products that may be manufactured in a residential kitchen are: • Baked items • Double crusted fruit pies • Candy and fudge • Packaging of dried products such as spices Food Processing In A Residential Kitchen (Class D, $125/year) Products that may be processed in a residential kitchen: • Acid foods, such as vinegars and mustards • Jams and jellies • Those foods allowed to be manufactured in residential kitchens Commercial Kitchens (Class C, $200/year) Products approved for processing in a commercial kitchen but not in a residential kitchen: • Acidified foods, including but not limited to pickles, pickled products, relishes, salsas, and sauces. • Potentially hazardous foods; • Foods processed under reduced oxygen packaging methods; and • Foods which undergo aseptic processing and packaging He-P 2300, NH Rules for the Sanitary Production and Distribution of Food • www.gencourt.state.nh.us/rules/he-p2300.html NHDHHS, Food Protection Section, 3-271-4589, www.dhhs.nh.gov/DHHS,FPS

  20. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm RSA 143-A:3 Definitions. – III. "Food' means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption. IV. "Food service establishment' means any fixed or mobile, attended or unattended restaurant; coffee shop; cafeteria; short order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial feeding establishment; food vending operation; private or public organization or institution, whether profit or nonprofit, which routinely serves food; catering kitchen; commissary, or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other eating and drinking establishment or operation in which potentially hazardous food is served or provided for the public with or without charge. VII. "Retail food store' means any establishment or section of an establishment where food or food products intended for off-premise consumption are offered to the public. The term includes . . . roadside markets or farm stands which sell only fresh fruits and vegetables; . . . VIII. "Temporary food service establishment' means any food service establishment which operates at a fixed location for a temporary period of time not exceeding 2 weeks, in connection with a fair, carnival, circus, public exhibition, or similar transitory gathering.

  21. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm RSA 143-A:5 Exemptions. – The following establishments shall be exempt from licensure under this chapter: I. Food service establishments and retail food stores licensed by city health officers under RSA 47:17. [The city councils shall have power to make all such salutary and needful bylaws] II. Food service establishments and retail food stores licensed by town health officers under RSA 147:1. [health officers of towns may make regulations] III. Temporary food service establishments and occasional food service establishments which are not under the jurisdiction of city or town health officers under RSA 147:1 and RSA 47:17. "Occasional food service establishment' means any food service establishment operated by a private or public organization or institution, whether profit or nonprofit, which prepares food or drink for sale or for service, and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge, no more than 4 days during a 30-day period.

  22. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm 143-A:12 Homestead Food License Required. – I. In this subdivision, ""homestead'' means a residential, non-commercial kitchen where home-made foods are manufactured or processed, or both, primarily for retail sales at farmers' markets, farm stands, or residences. II. There is hereby established a 2-level homestead license. For a level one license, a one-time fee of $25 shall be paid to the department of health and human services. The level 2 homestead license shall be based on gross sales. It shall be unlawful for a processor or a manufacturer to operate a homestead without a homestead license as required under this subdivision. The commissioner and the commissioner of the department of agriculture, markets, and food shall administer the homestead licensure required under this subdivision. Source. 2006, 133:2, eff. Jan. 1, 2007. NHDHHS, Food Protection Section, 271-4589, www.dhhs.nh.gov/DHHS,FPS

  23. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm The Farm Viability Committee, established by SB 519 to investigate maintaining the viability of farm businesses within the state. . . findings, recommendations and proposed legislation. http://www.nhfarmbureau.org/ FINDINGS 1. Farming and other agricultural interests are a vital part of New Hampshire's economy and need much more attention. They intertwine many different state agencies and programs, which need each other for survival and/or growth. 3. The agricultural interests perceive they lack access to the Legislature to express their questions and concerns. 4. The Committee found that there are laws, rules and regulations that are hindering the economic viability of New Hampshire farms.

  24. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm The Farm Viability Committee, RECOMMENDATIONS 4. Federal WIC and Food Stamp Programs are a vital part of the New Hampshire Farmers’ Markets, but the rules and regulations need to be fine tuned, such as supporting the use of Electronic Balance Transfer Cards. 6. The State should promote positive attributes of New Hampshire agriculture by highlighting successful activities and groups, such as Community Supported Agriculture and Farmers’ Markets.

  25. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm The Farm Viability Committee begat the Farm Viability Task Force In 2005 the New Hampshire General Court passed Senate Concurrent Resolution 1, authorizing a Farm Viability Task Force, because: “farming and other agricultural interests are a vital part of New Hampshire’s economy and need much more attention; and … intertwine many different state agencies and programs, which need each other for survival and growth.” The Task Force was tasked to: study and recommend policy and actions to promote the strength and vitality of the state’s agricultural sector, in recognition of its role in the state’s food system, economy, and environment. http://agriculture.nh.gov/publications/documents/FVTFFinalReport9-12-06.pdf

  26. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm The Farm Viability Task Force Recommended: 1. Fund agricultural Extension programs and research of direct benefit to agriculture in New Hampshire. 2. Increase direct marketing opportunities for producers. 3. Establish a Farm Viability Program. 4. Make conservation of farmland a high priority and dedicate a minimum of $3 million annually to buy permanent conservation easements that protect agricultural land. 5. Establish a Lease of Development Rights (LDR) program. 6. NHDAMF and UNHCE should collaborate with other Northeast states to enhance the dairy industry in New Hampshire and the Northeast region. 7. Strengthen school curricula concerning agriculture to help students understand our food system. 8. Authorize Agricultural Commissions that local governments may choose to adopt as an advisory committee. 9. Remove rules and regulations burdensome to agriculture and identify ways the State of New Hampshire can assist. 10. Continue the Task Force process of looking at the current status and future needs of agriculture in New Hampshire.

  27. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm 3. Establish a Farm Viability Program. HB 837, relative to easements and the land and community heritage investment program. OUGHT TO PASS WITH AMENDMENT. Rep. Judith T Spang for Resources, Recreation and Development: This bill clarifies language in the statute establishing term easements for farms by specifying that such an easement shall be available only to farms participating in an established farm viability program with the department of agriculture, markets and food. It further provides that when such a program ends, the easement shall also expire. The amendment replaces the original bill. Vote 15-0. The bill includes the following section: Farm Viability Program. Amend RSA 227-M by inserting . . . . . the following new section: 227-M:18 Farm Viability Program. I. There is established in the department of agriculture, markets and food, a 2 year pilot farm viability program. Such program shall expand the New Hampshire agricultural innovation program by strengthening farm viability and ensuring the contribution of New Hampshire agriculture to the state’s economic livelihood, public health, and general quality of life through capital investments in the form of grants from the community heritage investment program to be used towards agricultural infrastructure and equipment.

  28. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm 9. Remove rules and regulations burdensome to agriculture and identify ways the State of New Hampshire can assist. Proposal 1. Add language to RSA 672:1 III-b to clarify that the spirit of RSA 672:1 applies to State agencies and political bodies to read as follows: nor shall agriculture be unreasonably limited by other government agencies or political bodies. Friday, March 9 Municipal and County Government, Room 301, LOB 2:00 p.m. HB 462, relative to site plan review of agricultural operations. Allows municipalities to presume that agricultural operations are below the threshold for site plan review. The bill is a recommendation of the Governor’s Farm Viability Task Force. The bill reads as follows. . . . . .1 Declaration of Purpose Amended. Amend RSA 672:1, III-b: Proposal 2. Add language to RSA 672:1 III-d to clarify that that “agriculture, forestry, and commercial and recreational fisheries, when practiced in accordance with applicable laws and regulations, are traditional, fundamental and accessory uses of land throughout New Hampshire, and that a prohibition upon these uses cannot necessarily be inferred from the failure of an ordinance or regulation or law to address them;”

  29. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm 9. Remove rules and regulations burdensome to agriculture and identify ways the State of New Hampshire can assist, cont’d Proposal 3. Establish in RSA 674:43 IV that. Agricultural operations conforming to the definition of agriculture in RSA 21:34-a may be considered below the threshold for site plan review by nature. Proposal 4. Rescind RSA 259:3 (Title XXI, Motor Vehicles, Words and Phrases Defined) and RSA 259:32 (Title XXI, Motor Vehicles, Words and Phrases Defined). A more comprehensive and current definition of “Farm, Agriculture and Farming” appears in RSA 21:34-a,. Proposal 5. Add the following definition to RSA 21:34-a. “Agritourism: based on attracting visitors to farm operations for the purpose of eating a meal, making overnight stays, enjoyment, education or active involvement in the activity of the farm or operation.” On February 21 the House acted on the following bills: Passed with amendment HB 56, relative to the definition of agritourism. . . . HB 56 will now be introduced into the Senate and assigned to a committee.

  30. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm 9. Remove rules and regulations burdensome to agriculture and identify ways the State of New Hampshire can assist., cont’d Proposal 6. Strike the following from RSA 147:10. “… and no pen or sty for swine, …” . RSA 147:10 is too vague and can be misconstrued to encompass all swine operations commercial or otherwise. HB 208, relative to the definition of swine as a nuisance.  OUGHT TO PASS. Rep. Burton W Williams for Environment and Agriculture:  Removing the definition of Swine as a nuisance from RSA 147:10 would improve the law and have no effect on the duties of local health officers who already have extensive powers in this regard.  Vote 17-1. Proposal 7. Amend RSA 147:13 with the following, “or agricultural operations as defined by RSA 21:34-a.”. As written the law is vague and can be misinterpreted to include agricultural activities. Proposal 8. Rescind RSA 259:32. A better more encompassing definition occurs in RSA 21:34-a.

  31. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm 9. Remove rules and regulations burdensome to agriculture and identify ways the State of New Hampshire can assist., cont’d Proposal 9. RSA 261:84 Farm Plates. Add a section similar to section V of RSA 261:82 Agricultural Plates (20 mile rule) to this RSA. It would provide a clerk justification for issuing the plate and puts the onus on the applicant to state that they are in fact a farmer. HB 209, relative to eligibility for farm plates. OUGHT TO PASS. Rep. Brenda L Ferland for Transportation: This bill will require the use of a specific form. . . . . The Department of Safety and Commissioner of Agriculture support this bill. This bill was a recommendation of the recent farm study. Vote 17-0. Proposal 10. Restrict Cities and Towns from overriding an RSA that provides a specific exemption to that RSA that places an undue economic burden on the farmers’ market and the vendors. Proposal 11. Amend RSA 72:12-d to allow demountable, plastic covered greenhouses to have installed electricity, heat, ventilation, and irrigation that allows use when such utilities must be protected from freezing.

  32. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm 10. Continue the Task Force process of looking at the current status and future needs of agriculture in New Hampshire. Direct the State Agricultural Advisory Board to serve as the body authorized to review and make recommendations relative to the continuing viability of agriculture in New Hampshire.

  33. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm Are those products you want to sell at a farmers’ market legal in NH? This workshop will identifying licensing, liability and other such issues. Do we need to modify the NH and Federal laws? If we do, is there a committee, do we need form one? Do we have a sponsor who will push it through the legislature and/or write the bills, or do we need to write the bill? The NHFMA will present how they are approaching these issues.

  34. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm Information sources NHFMA—nhfma.org NHDAMF—agriculture.nh.gov/ NHDHHS—dhhs.nh.gov/DHHS,FPS UNHCE—extension.unh.edu NH Farm Bureau--http://www.nhfarmbureau.org/

  35. New Hampshire Farmers’ Market Associationnhfma.orgIn partnership with NHMade.comSponsored in part by grants from: The NHDAMF and Stonyfield Farm Comments & Questions? Jack Potter 528-1990 info@nhfma.org

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