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Committee pauses Agriculture rule adoptions to review long‑expired rules and statutory authority
Summary
Members questioned why several Department of Agriculture rules had been expired for decades and asked staff to check whether statutory RSAs already provide needed authority; the committee granted timeline waivers and postponed the item one month to allow the agency to confirm whether rules are required.
The Rules Committee postponed consideration of several Department of Agriculture rules after a lengthy discussion about rules the department said had been expired for many years. Alan Wyman, division director of regulatory services at the New Hampshire Department of Agriculture, Markets, and Food, told the committee the department has prioritized correcting expired rules left over from prior administrations and is working to align rules with updated RSAs.
"My name is Alan Wyman. I'm in the division director of regulatory services under the New Hampshire Department of Agriculture, Markets, and Food," Wyman said, explaining that the department is focusing first on rules tied to fines or enforcement and then on rules that merely elaborate statutory language. Committee members repeatedly asked whether statutes (RSAs) already provide the department's authority and whether some rules could be removed rather than updated.
One member observed that if a rule had not been enforced in 20 years, the committee should consider whether it is still necessary. The committee discussed the practical need to update RSAs before rules in some cases — for example, egg and cider rules that must now align with USDA or other modern standards — and heard that the department had been working through RSA updates in coordination with the legislature.
After discussion, a motion was made and seconded to grant any necessary timeline waivers and postpone consideration of rule 25‑207 for one month so staff could confirm whether statutory 'shall' directives require the rules or whether the rules can be repealed. The committee approved the motion. Members encouraged the department to eliminate rules that duplicate statutory language and to use interim processes when appropriate.
The committee will reconvene on the item next month after staff review of the RSAs and the department's conditional‑approval documentation.
