Title X, Public Health

Before revoking or canceling any shellfish certificate, the commissioner of the department of health and human services shall give written notice stating that he contemplates such action, giving his reasons therefor. Said notice shall appoint a time of hearing and shall be sent b…

A licensed food service establishment or retail food store within the state may only sell wild mushrooms or food products made with wild mushrooms, identified, harvested, and distributed in accordance with this subdivision unless purchased from an out-of-state source approved by …

A food service establishment or retail food store within this state licensed under this chapter may have its license revoked under RSA 143-A:7 if the department finds any of the following: I. Records have not been kept in accordance with RSA 143-A:23 and RSA 143-A:24. II. Purchas…

Any person, firm or corporation whose certificate has been suspended or revoked, or for whom a renewal has been denied, shall discontinue the processing and sale of shellfish. The sale or processing of shellfish from a non-certified establishment shall constitute a violation of t…

I. Any person who identifies, harvests, or distributes wild mushrooms without having a license to do so as required by this subdivision may be subject to an administrative fine levied by the commissioner of the department not to exceed $1,000 for each violation. II. The departmen…

The commissioner of the department of health and human services and the commissioner of the department of environmental services are empowered to make all necessary regulations for the proper enforcement of the respective duties of each agency under this subdivision.

Whoever violates any provision of this subdivision, or regulations made under authority of the preceding RSA 143:26, shall be guilty of a misdemeanor.

The department shall: I. Maintain a database of all wild mushroom identifier, harvester, and distributor licensees. Such database shall be available to the public on the department's Internet site. II. Approve training courses and licensing exams for tier 1 and tier 2 mushroom id…

The department shall adopt rules under RSA 541-A relative to: I. The content of the required educational courses for persons applying for a tier 1 or tier 2 mushroom identifier, harvester, and distributor license, including identification of mushrooms, appropriate locations from …

Any shellfish sold in violation of this subdivision may be forfeited.

I. "Commissioner" means the commissioner of the department of health and human services. II. "Department" means the department of health and human services. III. "Food" means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or …

Unclean, unhealthful or unsanitary conditions or practices shall be deemed to exist if the floors, sidewalls and ceilings are not properly constructed and maintained; or if food in the process of production, storage, sale or distribution is unnecessarily exposed to flies, dust or…

I. It shall be unlawful for any person, unless exempted under RSA 143-A:5, to operate a food service establishment or retail food store within the state without having obtained a food service license to be issued by the commissioner. The commissioner shall not refuse to issue a f…

The department of health and human services or its inspectors, or special agents designated for that purpose, shall have full power and authority at all times to enter and inspect every building, room, or other place occupied or used for the production, storage, sale, or distribu…

The following establishments and events shall be exempt from departmental licensure and inspection under this chapter, except that the department may inspect when the department has reason to suspect an imminent health hazard as defined in RSA 143-A:3, IV-b: I. Food service estab…

In the event that a person infected with any communicable disease is employed, or if structural alterations are necessary for the protection of food products as herein required, the commissioner of the department of health and human services shall issue an order prohibiting the e…

I. The commissioner of the department of health and human services may order immediate: (a) Closure of any establishment or place where food is produced, manufactured, stored, or sold; or (b) Discontinuance of use of any car or vehicle used for transportation or distribution of f…

The commissioner may exempt from licensure under this chapter soup kitchens operated for the poor.

I. The commissioner of the department of health and human services shall adopt rules pursuant to RSA 541-A, necessary for the enforcement of this chapter. It shall be the duty of local boards of health to assist in carrying out the provisions of this chapter. II. The commissioner…

I. Upon receipt of an application in writing from a new food service establishment or retail food store, or a food service establishment or retail food store which has changed ownership, or a food service establishment or retail food store which has had its previous license revok…

No establishment which serves food or drink to the public with or without charge shall provide sugar except in individually wrapped packets or in covered containers from which sugar is poured through a hole not more than 3/8 of an inch in diameter.

Whoever violates any of the provisions of this subdivision, or fails to comply with the lawful orders and requirements of the commissioner of the department of health and human services duly made as herein provided, shall be guilty of a violation.

I. If any food service establishment or retail food store licensed under this chapter repeatedly violates any legally adopted rule of the commissioner, or any provision of RSA 143 or RSA 143-A, or if the operation of the licensed establishment creates an imminent health hazard, t…

The commissioner of the department of health and human services, after notice and hearing, pursuant to rules adopted under RSA 541-A, 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 adopte…

All fines collected for the violation of RSA 143 shall be paid to the state.

Any person whose license has been revoked may at any time make a written request to the commissioner for a re-inspection. Re-inspection shall occur within 10 days of receipt of the request. If the commissioner or his or her authorized representative finds that the reasons for rev…

The term "beverage" as used in this subdivision shall include all still and carbonated drinks; fruit juices and all beverages compounded therefrom; all bottled waters, whether for medicinal or table use; and all packaged liquids intended for use in the manner of drink. Milk and u…

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to: I. The application procedure for any class of license issued under this chapter and the length of the licensing period. I-a. The amount of the fee to be charged for any license application processed, for each…

I. When a licensee fails to pay the applicable fee required by this chapter, the commissioner of the department of health and human services, after notice and hearing pursuant to rules adopted under RSA 541-A, may suspend or revoke the license or may issue an appropriate order. I…

The general court finds that gasoline, gasoline ethers and tertiary butyl alcohol (TBA), diesel fuel, heating oil, motor oil, and used motor oil, comprise a sufficiently distinct class of property which represents a potential serious health and safety problem to the citizens of N…

In this chapter: I. "Department" means the department of environmental services. I-a. [Repealed.] I-b. "Commissioner" means the commissioner of the department of environmental services. II. "Discharge" means the release or addition of any oil or hazardous substance to land, groun…

The purpose of this chapter is to cope with the problem of pollution from the spillage or discharge of oil, recognizing the damage resulting to vegetation, marine, animal and bird life from such pollution. It is the intent of this chapter to provide procedures that will expedite …

In this chapter: I. "Department" means the department of health and human services. II. "Established name" has the meaning given in section 502(e)(3) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 352(e)(3)). III. "Equivalent drug product" means a therapeutically equivalen…

The following acts and the causing thereof are hereby prohibited: I. The manufacture, sale, or delivery, holding or offering for sale of any food or drug, device or cosmetic, that is adulterated or misbranded. II. The adulteration or misbranding of any food or drug, device or cos…

No dealer shall be convicted of a violation of the provisions of this chapter when he can establish a guaranty signed by a wholesaler, jobber, manufacturer or other party residing in the United States, from whom he received in good faith such articles, to the effect that the same…

I. Any person who owns or operates an underground storage facility without a permit as required by this chapter, who fails to comply with a condition of that permit or of an order issued under RSA 146-C:9-a, or who violates any provision of this chapter or the rules adopted under…

Any person who negligently or intentionally discharges or spills oil into or on the waters of any lake, pond, river, stream, or into tidal waters or into the groundwater of the state which causes damage to the property of another shall be liable in tort to the person whose proper…

The commissioner of the department of environmental services may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter including any rule adopted under the provisions of this chapter. Appeals from a decision…

I. The department of health and human services is charged with the enforcement of this chapter. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, necessary for the proper enforcement thereto, including as a part of said rule…

I. Any person who, without regard to fault, directly or indirectly causes or suffers the discharge or disposal of oil or a hazardous substance into or onto any surface water or groundwater of this state, or in a land area where it has seeped or may or will ultimately seep into an…

The department of environmental services shall establish and maintain at ports within the state, and other places as it shall determine, such employees and equipment as in its judgment may be necessary to carry out RSA 146-A. Inspection and enforcement employees of the department…

I. A holder who has not assumed ownership of a facility or facility site by the act of taking title by foreclosure or by other similar means and who has not assumed responsibility for the care, custody or control of a facility or facility site shall not be considered an owner or …

I. There is hereby established the New Hampshire oil pollution control fund. This nonlapsing, revolving fund shall, at a minimum, pay the salaries and expenses of the persons specified in RSA 146-A:11, except as the legislature may otherwise determine, as well as the costs to imp…

I. Under this section, the following terms shall be construed as follows: (a) "Person" means any operator, distributor, dealer, or broker who, or any wholesale terminal facility which, imports or causes to be imported oil into the state. "Person" does not mean an oil spill cleanu…

I. A fiduciary shall not be considered an owner or operator under this chapter in its individual capacity and shall not be liable in its individual capacity under RSA 146-C:11. II. Nothing in this section shall preclude claims under RSA 146-C:11 against: (a) A fiduciary in its re…

The commissioner shall adopt rules under RSA 541-A, after public hearing, relative to: I. Operation and inspection of oil terminal facilities, including equipment related to the operation of oil terminal facilities. I-a. Requirements for facility owners to prepare, submit, and co…