Title XIV, Milk and Milk Products

Any article found in violation of this subdivision may be subject to embargo and condemnation in accord with the provisions of RSA 146:20.

In addition to the provisions of RSA 184:101, the superior court, upon complaint of the commissioner or the attorney general, shall have jurisdiction to restrain and enjoin any act forbidden or declared illegal by this chapter.

The milk sanitation board may promulgate regulations setting forth definitions and standards of identity for milk and milk products. When promulgating such regulations the board shall not be inconsistent with those standards of identity for milk and milk products established by e…

The commissioner, after notice and the opportunity for a hearing, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter. Each day that the offense remains uncorrected …

In this subdivision: I. "Commissioner" means the commissioner of the department of agriculture, markets, and foods. II. "Department" means the department of agriculture, markets, and foods. III. "Federal promotion deduction" means the administrative assessment and marketing servi…

I. The dairy premium program is established to provide payments to milk producers who ship milk in the state of New Hampshire regardless of the destination of such milk. II. Participation by milk processors in the dairy premium program is voluntary. III. All milk products sold as…

I. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to: (a) Verification of the volume of milk produced and net sales of premium milk through audits. (b) A process to fund the cost of further segregation of New Hampshire milk from the dairy premium fund, if nec…

There is established a dairy premium fund which shall be administered by the commissioner. The commissioner shall deposit into the fund any appropriations from the program made to the department from the general fund to be used consistent with the definitions and provisions of th…

I. The dairy premium fund board is established and shall be comprised of the following members: (a) The commissioner of the department of agriculture, markets, and food. (b) The executive director of Granite State Dairy Promotion. (c) Two members from dairy cooperatives, appointe…

I. The labeling of milk that does not meet the requirements of RSA 184:79, XXII through XXII-c as "fresh," "New Hampshire fresh," or "northeastern fresh" is prohibited. II. The knowingly and falsely labeling of milk as participating in the dairy premium program is prohibited. III…

In this subdivision: I. "Department" means the department of agriculture, markets, and food. II. "Forages" means hay, haylage, silage, and pasture. III. "Homegrown feed" means forages and grain, or a composite in any combination grown on land owned or leased by the producer. IV. …

I. In order to qualify for the New Hampshire dairy producer drought relief program, a producer shall complete and submit an application in which the department shall be provided proof of homegrown feed loss due to drought along with records of milk production for the 2016 calenda…

I. The homegrown cost of feed shall be $6.10 per hundredweight of milk produced. II. To arrive at the amount to be paid to the producer, the cost of feed in paragraph I shall be multiplied by the percentage of homegrown feed loss in 2016 over either the year 2015 due to drought o…

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, or milk or cream from…

The commissioner of the department of health and human services shall adopt rules pursuant to RSA 541-A, relative to: I, II. [Repealed.] III. Licensing under RSA 184:85. IV. Denial and revocation of licenses under RSA 184:86. V. Producer permits required by RSA 184:88. VI. Applic…

Any person who purchases milk from producers in this state using the bulk tank collector system of collecting milk shall not operate without a valid permit issued by the department of health and human services.

Any person who weighs, measures, or samples a producer's milk for the purpose of determining the amount and quality of milk as a basis for paying for product purchased shall procure from the commissioner of the department of health and human services a license showing that the ho…

The commissioner may make rules and regulations governing the application for and the granting of such licenses and shall charge a fee of $5 each for the same. Licenses issued hereunder shall be effective for a period of 2 years and be renewed biennially during the month of Janua…

As used in this subdivision the following terms shall have the following meanings: I-VIII. [Repealed.] IX. The term "milk producer" means any person who owns or controls one or more hooved mammals, a part or all of the milk or milk products from which are sold, or offered for sal…

There is hereby created an advisory board to be known as the milk sanitation board which shall consist of the following members: I. The commissioner of agriculture, markets, and food, or his or her designee. II. The commissioner of the department of health and human services, or …

The board shall elect a chairman from among its members and shall hold meetings on the call of the chairman or the commissioner. Four members shall constitute a quorum.

The board shall from time to time give advice to the commissioner upon problems affecting the adequacy of the milk supply or the sanitation thereof and hold such hearings and take such action as required in this subdivision.

The commissioner shall certify to the milk sanitation board that any laboratory in the state engaged in whole or in part in the analysis of milk or milk products meets the criteria established in rules adopted by the board under RSA 184:93, I(l), if requested by the board.

Each milk plant engaged in processing milk shall, at least once in each calendar month, collect and submit to a milk laboratory, which has been certified by the commissioner under RSA 184:82-a, for analysis a sample of milk of each producer supplying milk to such milk plant. Such…

I. It shall be unlawful for any person to operate a milk plant located within the state who does not possess a milk plant license from the commissioner with respect to each such plant located within the state. II. It shall be unlawful for any milk distributor to sell or offer for…

I. The commissioner may issue a license to any milk plant, out-of-state milk plant, milk distributor or producer-distributor upon receipt of a written application upon a form furnished by the commissioner and setting forth such information concerning the applicant and his operati…

A license shall be denied or revoked by the commissioner for failure to comply with any or all of the following requirements: I. Any milk plant, milk distributor or producer-distributor located within the state who fails to comply with the provisions of this subdivision or rules …

When denying or revoking a license, the department shall give written notice of the reasons for such action and provide information to the applicant or licensee related to the applicant or licensee's right to request a hearing.

It shall be unlawful for any milk producer to offer for sale or sell milk or milk products to an in-state licensee as defined in RSA 184:84 who does not possess a valid producer permit issued by the commissioner. However, producers located beyond the limits of routine inspection …

The commissioner may issue a permit to any milk producer upon receipt of a completed application furnished by the commissioner and setting forth such information concerning the applicant and the applicant's operation and facilities as may by rules be required. A permit will be gr…

If the commissioner finds upon inspection that a producer fails to comply with the requirements of this subdivision or rules adopted hereunder he shall notify the producer in writing of his violation and shall set forth a reasonable period of time in which to afford compliance. I…

The commissioner may suspend a producer's permit if it is found after investigation that circumstances exist which threaten the health or safety of the public. If a producer's permit is suspended, the commissioner shall provide the permittee with written notice of the basis for t…

Before denial or revocation of a producer permit the commissioner shall give written notice stating that such action is contemplated and giving reasons therefor. Such notice shall appoint a time of hearing and shall be sent by certified mail. On the day of hearing the producer ma…

I. The milk sanitation board shall adopt rules under RSA 541-A for the enforcement of this subdivision relative to: (a) The environmental conditions surrounding the production of milk and milk products both within and without the state; (b) The transportation of milk and milk pro…

The procedure for rehearing and appeal shall be that prescribed by RSA 541.

The commissioner, with the consent of the milk sanitation board, may conduct a milk sanitation rating of both producers and milk plants located within the state in order to evaluate the sanitary quality of milk and other dairy products produced and processed within the state. Sai…

The commissioner and his authorized milk inspectors, deputies and assistants, or any of them, shall have access, at any reasonable hours, to all premises and places where milk or milk products are produced, handled or processed or where the process of pasteurization is carried on…

In the event of a serious disaster, such as a conflagration, enemy attack, earthquake, flood, hurricane, tornado, drought, or other emergency, which shall result in an unusual nonseasonal shortage of milk or milk products, the milk sanitation board shall have power to suspend any…

The commissioner shall enforce the provisions of this subdivision.