Title XL, Agriculture, Horticulture and Animal Husbandry

The commissioner, or his inspectors at his direction, shall from time to time weigh or measure and inspect packages or amounts of commodities kept, offered, or exposed for sale, sold, or in the process of delivery, to determine whether the same contain the amounts represented and…

The commissioner, or his inspectors at his direction, shall have the power to issue stop-use orders, stop-removal orders, and removal orders with respect to weights and measures being, or susceptible of being, commercially used, and to issue stop-removal orders and removal orders…

The commissioner, or his inspectors at his direction, shall approve for use and seal or mark with appropriate devices such weights and measures as he finds upon inspection and test to be "correct" as defined in RSA 438:8, and shall reject and mark or tag as "rejected" such weight…

A registered service technician who installs, services, repairs, reconditions, tests, or calibrates a commercial weighing or measuring device shall seal said device in a manner approved by the commissioner. This seal shall authorize the device owner to use a licensed device unles…

Registered service agencies that employ a service technician who is registered with the division of weights and measures to test, adjust, repair, certify, reject, add, remove, or replace a commercial weighing or measuring device, shall pay an annual registration fee of $250, to b…

With respect to the enforcement of this chapter and any other law dealing with weights and measures that he or she is or may be empowered to enforce, the commissioner, or the commissioner's inspectors at his or her direction, is hereby vested with special police powers, and is au…

Any inspector of the department of agriculture, markets, and food appointed to enforce the laws and rules pertaining to weights and measures under RSA 438 shall successfully complete the preparatory training program for part-time police officers established by the police standard…

There may be a sealer of weights and measures in each city of not less than 35,000 population, according to the latest United States census. The sealer shall be appointed by the mayor, with the consent of the city council; provided, however, that no person shall be so appointed u…

The council of each city for which a sealer has been appointed as provided for by RSA 438:16 shall: (1) procure at the expense of the city such standards of weight and measure and such additional equipment, to be used for the enforcement of the provisions of this chapter in said …

The commissioner shall have concurrent authority to enforce the provisions of this chapter, in cities for which sealers of weights and measures have been appointed as provided in this chapter. City sealers shall investigate and prosecute within the jurisdiction of the city, unles…

Weights and measures that have been rejected under the authority of the commissioner shall remain subject to the control of the rejecting authority until such time as suitable repair or disposition has been made as required by this section. The owners of such rejected weights and…

The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or both of these systems shall be used for all commercial purposes in the state of New Hampshire. The definitions of basic…

Commodities in liquid form shall be sold only by liquid measure or by weight, and, except as otherwise provided in this chapter, commodities not in liquid form shall be sold only by weight, by measure of length or area, or by count; provided, however, that liquid commodities may …

Except as otherwise provided in this chapter, any commodity in package form introduced, or delivered for introduction into, or received in intrastate commerce, kept for the purpose of sale, or offered or exposed for sale in intrastate commerce shall bear on the outside of the pac…

In addition to the declarations required by RSA 438:21, any commodity in package form, the package being one of a lot containing random weights, measures, or counts of the same commodity and bearing the total selling price of the package, shall bear on the outside of the package …

No commodity in package form shall be so wrapped, nor shall it be in a container so made, formed, or filled as to mislead the purchaser as to the quantity of the contents of the packages; and the contents of a container shall not fall below such reasonable standard of fill as may…

Whenever a commodity in package form is advertised in any manner and the retail price of the package is stated in the advertisement, there shall be, closely and conspicuously associated with such statement of price, a declaration of the basic quantity of contents of the package a…

The word "weight" as used in this chapter in connection with any commodity shall mean net weight. Whenever any commodity is sold on the basis of weight, the net weight of the commodity shall be employed, and all contracts concerning commodities shall be so construed.

Whenever any commodity or service is sold, or is offered, exposed, or advertised for sale, by weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner calculated or tending to mislead or deceive an actual or prospective pu…

I. In this section, the term "grocery store" means any establishment or section of an establishment where food and food products are offered to the consumer and intended for off-premise consumption. The term includes delicatessens that offer prepared food in bulk quantities only.…

I. It shall be unlawful for any person, otherwise subject to inspection under this chapter, to make for sale, sell, offer to sell, or procure to be sold any type of prewrapped sandwich, unless each such sandwich is enclosed in a wrapper bearing an expiration date beyond which the…

The term "barrel" when used in connection with fermented liquor shall mean a unit of 31 gallons. The term "ton" shall mean a unit of 2,000 pounds avoirdupois weight. The term "cord" when used in connection with wood intended for fuel purposes shall mean the amount of wood that is…

When a vehicle delivers to an individual purchaser a commodity in bulk, and the commodity is sold in terms of weight units, the delivery shall be accompanied by a duplicate delivery ticket with the following information clearly stated, in ink or by means of other indelible markin…

I. When a vehicle is used to render or deliver commodities in bulk or provide services in terms of weight units, the vendor of the bulk commodities or services shall include with the original invoice to the purchaser a duplicate copy of the weight ticket that represents the actua…

The vendor shall provide an invoice to each purchaser of services or bulk commodities sold, rendered, or delivered in terms of weight. The invoice shall contain, but not be limited to, the following: I. Net weight. II. The location where the weight or service was determined. III.…

I. All distillate heating oil sold at retail shall be sold by liquid measure or by net weight in accordance with the provisions of RSA 438:20. II. In the case of each delivery of such liquid fuel not in package form and in an amount greater than 100 gallons in the case of sale by…

All fees and fines collected by a state inspector under the provisions of this chapter shall be forwarded to the commissioner of agriculture, markets, and food to be forwarded by him to the state treasurer. All fees and fines collected by a city sealer in that city shall be for t…

Fractional parts of any unit of weight or measure shall mean like fractional parts of the value of such unit as prescribed or defined in RSA 438:2 and 438:3, and all contracts concerning the sale of commodities and services shall be construed in accordance with this requirement.

Any person who shall hinder or obstruct in any way the commissioner, or any of the inspectors, or a sealer, in the performance of his official duties shall be guilty of a misdemeanor.

Any person who shall impersonate in any way the commissioner, or any one of the inspectors, or a sealer, by the use of his seal or a counterfeit of his seal shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

Such weights and measures in conformity with the standards of the United States as have been supplied to the state by the federal government or otherwise obtained by the state for use as state standards shall, when the same have been certified as being satisfactory for use as suc…

I. It shall be unlawful for any person to: (a) Use or have in possession for the purpose of using for any commercial purpose specified in RSA 438:10, sell, offer, or expose for sale or hire, or have in possession for the purpose of selling or hiring, an incorrect weight or measur…

The commissioner is authorized to apply to any court of competent jurisdiction for, and such court upon hearing and for cause shown may grant, a temporary or permanent injunction restraining any person from violating any provision of this chapter.

For the purposes of this chapter, proof of the existence of a weight or measure or a weighing or measuring device in or about any building, enclosure, stand, or vehicle in which or from which it is shown that buying or selling is commonly carried on shall, in the absence of concl…

Inspectors and officials appointed to enforce this chapter or any other laws dealing with weights and measures are hereby empowered, upon their successful completion of the preparatory training program for part-time police officers established by the police standards and training…

If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of the chapter and the applicability thereof to other persons and circumstances shall not be affected …

This chapter may be cited as the "Weights and Measures Act".

In addition to the state standards provided for in RSA 438:4, there shall be supplied by the state such "field standards" and such equipment as may be found necessary to carry out the provisions of this chapter. The field standards shall be verified upon their initial receipt and…

The functions, powers, and duties provided in this chapter are vested in the department of agriculture, markets, and food to be apprised and used by the commissioner of agriculture, markets, and food as specified herein and as otherwise provided by law. Subject to the state perso…

I. The commissioner shall have the custody of the state standards of weight and measure and of the other standards and equipment provided for by this chapter, and shall keep accurate records of such standards and equipment. II. The commissioner shall be responsible for the admini…

I. The commissioner shall adopt rules, under RSA 541-A, relative to: (a) Standards of net weight, measure, or count, and reasonable standards of fill for any commodity in package form. (b) Technical and reporting procedures to be followed and the report and record forms and marks…

The director shall operate under the duties prescribed to him or her by the commissioner, including but not limited to: I. Subject to direction from the commissioner, the director of weights and measures shall direct and supervise the functions of the division of weights and meas…

The commissioner, or his inspectors at his direction, at least once each year, shall test the standards of weight and measure procured by any city for which the appointment of a sealer of weights and measures is provided by this chapter, and shall approve the same when found to b…