EAB Regulatory Information

De-regulation of EAB:

New Hampshire:
Ash wood and ash wood products were de-regulated in New Hampshire in 2018. Live life stages of emerald ash borer are regulated under the invasive species rules and as such, live life stages cannot be collected, transported, imported, exported, moved, bought, sold, distributed, propagated or released (Agr 3802.01 c). A variance is available for those conducting research on emerald ash borer (Agr 3802.03) by contacting the NH Dept. Agriculture, Markets & Food. Transportation of emerald ash borer for disposal (destruction) is exempted from the Invasive Species rules.

Out-of-state firewood is restricted in New Hampshire.

Federal Regulations:
As of January 14, 2021, the USDA will no longer regulate EAB, or the movement of ash wood, ash wood products, and hardwood firewood. They will no longer issue permits, certifications, compliance agreements or violations for movement of EAB-regulated articles.

State EAB Regulations:

States may enact state-level quarantines and rules to reduce the introduction of EAB into their state. States may enact firewood quarantines or EAB-specific quarantines. Federal de-regulation of EAB means that there is no required national standard for regulating EAB, and it is likely that regulations will vary between states.

Several states have existing emerald ash borer regulations. This list is not exhaustive and is likely subject to change in response to the federal de-regulation of emerald ash borer. For up-to-date information on exporting ash wood and ash wood products, contact the Division of Plant Industry at (603) 271-3681. 

Compliance agreements:

An agreement between the state and the regulated person or industry that allows for the movement of regulated material to states with emerald ash borer requirements. The compliance agreement attests that regulated materials will be processed or handled in a manner to render them low-risk for moving emerald ash borer. The agreement is issued after a visit to your facility by a state inspector. It is renewed annually.

If you are a NH-based business that has previously had a compliance agreement with the USDA, please contact the Division of Plant Industry for renewal information at (603) 271-3681.