New Hampshire Administrative Code

The owner or authorized agent of a licensed device shall transfer the license to another device of the same description by: (a) Submitting copies of placed in service reports reflecting the changes; and (b) Paying the division's invoice for the difference between the fee for the …

(a) The owner or authorized agent of a licensed device shall notify the division by letter, e-mail, or fax whenever the owner or authorized agent:(1) Destroys a licensed device; (2) Sells or otherwise transfers a licensed device to a new owner; (3) Sells or transfers the owner's …

(a) The division shall provide via mail, e-mail, or fax to each owner of a device license a "Renewal for Weighing and Measuring Device License Form" containing pre-printed information at least 60 days prior to the expiration of the licensee's license. (b) Owners of licensed devic…

The commissioner shall deny the application for an initial or renewed device license if: (a) The applicant has:(1) Made a willful misrepresentation or falsification on the application form; (2) Made a material omission on the application form; (3) Failed to pay any charge, fee, a…

The commissioner shall send a notice of the denial of an application for an initial or renewed license by certified mail to the last known address of the licensee or applicant. Notes N.H. Admin. Code § Agr 1407.09 #9639, eff 1-20-10 Amended by Volume XXXV Number 49, Filed Decembe…

Every applicant shall be entitled to a hearing pursuant to Agr 200 if the application for an initial or renewed device license is denied. Notes N.H. Admin. Code § Agr 1407.10 #9639, eff 1-20-10 Amended by Volume XXXV Number 49, Filed December 10, 2015, Proposed by #10976, Effecti…

(a) Original device licenses shall be posted conspicuously in the places of business where the devices are used most or all of the time. (b) Businesses needing to post licenses in additional remote locations shall photocopy the original license and post the photocopies conspicuou…

The following acts shall be prohibited with respect to device licenses: (a) Displaying or causing or permitting to be displayed any expired, fictitious, or fraudulently altered device license; (b) Permitting the use of a device license by anyone other than the owner and agents of…

(a) Pre-pack and factory scales shall be licensed at the option of the owner if the owner elects to apply for licensing and complies with the applicable requirements of this chapter. (b) After the issuance of a license for a pre-pack or factory scale, if the owner fails to comply…

In Agr 1408 the following terms shall have the following meanings: (a) "Cash discount price" means the discount from the regular price available when the buyer pays for the fuel in cash, by check or using a debit card; (b) "Compressed natural gas (CNG)" means natural gas which ha…

(a) All persons who offer for sale or sell gasoline or diesel fuel at retail shall post the price of all grades and services of such fuel in at least 2 of the following ways: (1) On a price sign affixed to the fuel dispenser, for example, a pump topper, in numerals not less than …

(a) When motor vehicle fuel is sold from a single dispenser for a regular price and a cash discount price, both unit prices shall be posted on the dispenser in accordance with Agr 1408.02. (b) Roadside signs advertising the cash discount price of gasoline or diesel fuel shall dis…

(a) When motor vehicle fuel is sold from a single dispenser for a special sale price or promotional discount price, the same special sale price or promotional discount price shall apply to the same grade, blend or mixture of motor vehicle fuel when sold from all other dispensers …

(a) If a computing device is part of the fuel dispensing equipment, it shall compute the total price for single purchases at all the unit prices for which the grade, blend or mixture of motor vehicle fuel being dispensed is offered for sale, except for the unit prices charged by …

(a) Kerosene offered for sale or sold shall: (1) Be labeled as kerosene; and (2) Comply with the standard specification in NIST Handbook 130, Uniform Laws and Regulations, Section III, G, Uniform Engine Fuels, Petroleum Products, and Automotive Lubricants Regulation as required b…

(a) Diesel fuel offered for sale or sold shall: (1) Be labeled as diesel fuel; and (2) Comply with the standard specification for diesel fuel oils in NIST Handbook 130, Uniform Laws and Regulations, Section III, G, Uniform Engine Fuels, Petroleum Products, and Automotive Lubrican…

(a) Be labeled as liquefied natural gas; (b) Be sold in terms of diesel gallon equivalent (DGE) or in mass; and (c) Liquefied natural gas dispensers shall be permanently and conspicuously labeled with the applicable pound conversion, "One DGE means 6.059 lb of liquefied natural g…

(a) Liquefied petroleum gas offered for retail sale and sold at retail as a motor vehicle fuel shall be:(1) Be labeled as liquefied petroleum gas; (2) Sold in gallons; and (3) Comply with the standard specifications of liquefied petroleum gas in NIST handbook 130, Uniform Laws an…

(a) The purpose of these rules is to protect consumers when an individual or business elects to sell refined petroleum products using temperature correction. (b) The rules in Agr 1409 shall apply to refined petroleum products. Temperature correction of any product other than refi…

(a) Any refined petroleum product being corrected to a reference temperature of 60 degrees Fahrenheit, whether sold at wholesale or retail, shall be accomplished only with a measuring system that has been licensed by the division in accordance with Agr 1408. (b) Sellers of refine…

(a) On a device equipped with an automatic temperature-compensating mechanism that will record in terms of liters or gallons compensated to 60 degrees Fahrenheit, provision shall be made for deactivating the automatic temperature-compensating mechanism so that the meter can indic…

(a) On devices equipped with automatic temperature-compensating systems, normal tests shall be conducted as follows: (1) By comparing the compensated volume indicated or recorded to the actual delivered volume corrected to 60 degrees Fahrenheit; and (2) With the temperature-compe…

The difference between the meter error for the test results determined with the automatic temperature-compensating system activated and the test results determined with the automatic temperature-compensating system deactivated, expressed as a percentage of the test volume, shall:…

(a) A delivery ticket shall not be inserted into a device delivering petroleum products and equipped with a printer until after the delivery system has been charged with product and immediately before a delivery of the product is begun. (b) At no time shall a ticket be in a vehic…

(a) The device licensing fees shall be as stated in RSA 438:10-a. Notes N.H. Admin. Code § Agr 1410.01 (See Revision Note at chapter heading for Agr 1400) #7462, eff 3-21-01; ss by #7955, eff 9-19-03; ss by #9416, INTERIM, eff 3-13-09, EXPIRED: 9-9-09 New. #9639, eff 1-20-10 Amen…

(a) The following fees shall be charged by the New Hampshire metrology laboratory for the testing and certification of standards used by registered service technicians, governmental agencies, members of the public and private industry: (1) Class F test weights meeting specificati…

(a) Test equipment owned by the division shall be rented only to currently registered service technicians for their use in testing and calibration of commercial weighing, measuring and counting devices. (b) The following fees shall apply to the rental of test equipment: (1) Test …

(a) The following fees shall be charged for the testing, certification and sealing of devices by the division's inspectors: (1) For precious metal and jewelry scales, $30 per scale; (2) For scales with a capacity of 100 pounds or less, other than precious metal and jewelry scales…

(a) The fee for an initial certificate of registration shall be $36 plus $12 for each device category the applicant chooses pursuant to Agr 1404.06(c)(13). (b) The fee for a renewed certificate of registration shall be $36 plus $12 for each device category the applicant chooses. …

(a) The fee for an initial weighmaster license shall be $96. (b) The fee for renewal of a weighmaster license shall be $96. Notes N.H. Admin. Code § Agr 1410.06 #9639, eff 1-20-10; ss by #10199, INTERIM, eff 10-11-12, EXPIRES: 4-9-13; ss by #10305, eff 3-27-13 Amended by Volume X…

The purpose of Agr 1411 is to set forth administrative sanctions for violations of RSA 438 and its implementing rules. Such administrative sanctions do not preclude criminal prosecution pursuant to RSA 438:40, II or III. The imposition of such administrative sanctions is not requ…

(a) Any individual or entity who has done an act or omission prohibited by RSA 438:40, I or a weights and measures administrative rule shall receive either a written warning of violation issued by the division or a fine imposed by the commissioner. (b) The division shall issue a …

(a) An individual or entity receiving a written warning of violation issued by the division shall: (1) Correct the violation described in the written warning; or (2) If the recipient does not understand the written warning of violation or know how to correct the violation, contac…

(a) The division shall deliver in hand or by certified mail a notice of administrative fine to any individual or entity who: (1) Has, for the second time, done an act or omission prohibited by RSA 438:40, I; (2) Has, for the second time, violated a weights and measures administra…

(a) An individual or entity who, without good cause as described in (b) below fails to reply to a notice of administrative fine by the date specified in the notice shall be subject to the following: (1) An administrative fine of $50.00 in addition to the fine specified by the not…

(a) Administrative fines shall be paid:(1) In person by: a. Cash; or b. Check, bank draft, or money order made payable to "Treasurer, State of New Hampshire"; or (2) By mail by check, bank draft, or money order made payable to "Treasurer, State of New Hampshire". (b) If a check i…

(a) The following principles shall apply to the fines set forth in (c) through (g) below: (1) No first instance of violation of any provision of RSA 438:40, I or violation of a weights and measures administrative rule shall be considered a "first offense" except as set forth in A…

The purpose of these rules is to protect public health and safety by establishing an expiration date on all sandwiches beyond which each sandwich shall not be sold. These rules implement the procedures of the department of agriculture, markets, and food pursuant to RSA 438:26-b, …

These rules shall apply to all vendors who sell fresh or unfrozen prewrapped sandwiches. These rules shall also apply to vendors and retailers who sell sandwiches that have been previously frozen before being thawed for retail sale. Notes N.H. Admin. Code § Agr 1412.02 (See Revis…

The following words shall have the meanings indicated when used in this chapter: (a) "Expiration date" means the last day of sale, printed or stamped on a prewrapped sandwich label, determined in accordance with these rules. (b) "Frozen" means kept at a temperature of less than 0…

(a) The expiration date for a fresh refrigerated prewrapped sandwich shall be a maximum of 7 days from the date the sandwich is made, but may be less than 7 days, as determined by the vendor in accordance with Agr 1412.04(g) and (h). (b) The expiration date for a previously froze…

In addition to the expiration date provided for in Agr 1412.04, the manufacturing date shall be clearly and conspicuously printed or stamped by the vendor on the sandwich wrapper label at the time it is wrapped. Alternatively, a manufacturing date code may be used provided the me…

A complaint may be filed by any person, in accordance with the following provisions: (a) A complaint shall be delivered to the department, containing all of the following:(1) The complainant's name and address; (2) The alleged violator's name and address, if known; (3) The specif…

Upon receipt of a complaint, the commissioner shall investigate the alleged complaint, in accordance with Agr 1412.06, to determine whether there is or was a violation of RSA 438:26-b, or a rule. Notes N.H. Admin. Code § Agr 1412.07 (See Revision Note at chapter heading for Agr 1…

(a) The commissioner or a weights and measures inspector shall enter the premises of any vendor or retailer, stop any person on the premises and seize any packages sold in violation of the law, without a formal warrant, pursuant to RSA 438:15. (b) The commissioner or a weights an…

(a) The commissioner or a weights and measures inspector shall issue an order when there is no stated expiration date on a prewrapped sandwich. The order shall require elimination of the violation by putting an expiration date on the label. If a sandwich with no expiration date w…

After an order has been issued by the commissioner or a weights and measures inspector the alleged violator may appeal, pursuant to RSA 438:7, III, to the commissioner or to the superior court. Notes N.H. Admin. Code § Agr 1412.10 (See Revision Note at chapter heading for Agr 140…