Title X, Public Health

No person shall sell, expose for sale, exchange, barter, deal in or have in his possession with intent to so deal with, any article as and for maple sugar, maple candy or maple syrup unless the same shall be made solely from the sap of the maple tree. Maple syrup is syrup made by…

The commissioner may set a schedule of bonding to be required from oil, gas and petroleum product suppliers, dealers and others that are under the jurisdiction of this chapter to provide for emergency cleanup and provide for the protection of the environment from accidental intru…

Any person who is found to be strictly liable for a discharge or spillage of oil, and who willfully fails to comply with a department order requiring investigation, containment, cleanup, removal, remedial measures, or corrective measures, shall be liable to the state in double th…

I. No person shall deliver or cause the delivery of oil to a non-compliant storage tank or facility which has been red-tagged. II. No owner or operator of a facility may deposit or allow the deposit of oil into an underground storage tank or facility that has a red tag affixed to…

No person shall sell, expose for sale, exchange, barter, deal in or have in his possession with intent so to deal with, any article as and for cider vinegar unless the same shall be vinegar made solely from cider made of apples and shall have acidity equal to the presence of not …

I. Any person who recklessly discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who recklessly violates any provision of this chapter or any rule adopted under the…

I. The commissioner of the department of environmental services may impose an administrative fine not to exceed $4,000 for each offense upon any person who violates any provision of this chapter including any rule adopted under the provisions of this chapter or any order or permi…

The department shall apply the following procedure in determining whether to red-tag a storage tank or facility: I. The department shall perform an on-site inspection to determine whether a storage tank or facility is non-compliant with department rules for spill prevention, over…

I. Prohibitions. Any food, regardless of the name by which it is represented, made in semblance of frozen desserts or quiescently frozen confections, or prepared as such foods are customarily prepared or frozen, shall be deemed adulterated or misbranded, unless: (a) It conforms t…

No person shall kill, or cause to be killed, for the purpose of sale, a calf less than 4 weeks old and of a net dressed weight of less than 40 pounds not including the head and feet, or shall knowingly sell, or have in possession with intent to sell for food, the meat of any such…

I. A facility owner may request, in writing, that the department rescind the delivery prohibition imposed under RSA 146-C:14. The department, shall approve a request to rescind the delivery prohibition, upon determining the following: (a) The facility owner or operator has correc…

I. The department is authorized to issue an administrative order directing any person to cease activity violating this chapter or any rule adopted under the provisions of this chapter, to take action necessary to comply with this chapter or any rule adopted under the provisions o…

Any person who is determined to be strictly liable for discharge or spillage of oil and who willfully fails to comply with a department order requiring investigation, containment, cleanup, removal, remedial measures, or corrective measures, shall be liable to the state in double …

It shall be the duty of the commissioner of the department of health and human services through his authorized agent whenever he has satisfactory evidence of the violation of this chapter, to prosecute the same, or to make complaint to a prosecuting officer; provided, that where …

I. Effective August 8, 2012, no person shall operate an underground storage facility without designated class A, B, and C operators who have been trained and certified in accordance with an approved training program. II. (a) By August 8, 2012, owners of then-existing facilities s…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the …

An operator training program may be provided by the department, approved by the department pursuant to paragraph I or paragraph III, or deemed approved pursuant to paragraph II, to meet the requirements of this section. The department may charge a fee to cover expenses for operat…

Whoever violates any provision of RSA 146, for a first offense, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person; upon a second or subsequent conviction shall be guilty of a misdemeanor if a natural person, or guilty of a felony i…

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…

Any articles adulterated or misbranded within the meaning of this chapter may be forfeited.

I. Written operator response guidelines shall include spill reporting procedures, contact phone numbers, malfunctioning equipment lock-out/tag-out and notification procedures, and initial mitigation protocol for emergencies. II. Monthly visual inspections meeting the following mi…

I. No person, as defined in RSA 146-A:2, VI, shall sell, deliver for sale, import, or cause to be imported into the state for sale any neat gasoline ethers or gasoline containing MtBE, other gasoline ethers, or tertiary butyl alcohol (TBA) in quantities greater than 1/2 of one pe…

As used in this chapter the following words shall have the following meanings: I. The term "food" means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article. II. The term "drug" means (1) articles …

For the purpose of this chapter the following words shall have the following meanings, unless the context otherwise requires: I. "Barrel" means 42 United States gallons at 60 degrees Fahrenheit; I-a. "Discharge" or "spillage" means the release or addition of any oil to land, grou…

I. Unless instructed otherwise by the person receiving the drug pursuant to the prescription, a pharmacist filling a prescription for a drug product prescribed by its trade or brand name may select an equivalent drug product listed in "Approved Prescription Drug Products with The…

No owner or operator or other person responsible for the operation of a facility shall discharge or dispose of any oil or hazardous substance as defined in this chapter from any facility into or onto any land, groundwater, or surface water of the state.

In this chapter: I. "Above ground storage facility" means a location not regulated under RSA 146-C, consisting of a system of storage tanks, pipes, pumps, and appurtenant structures, singly or in any combination, with a total storage capacity less than or equal to 1,100,000 gallo…

I. In this section, "development" means any pipeline or other infrastructure that transports oil or natural gas from production facilities located in federal waters or other coastal state waters in the Atlantic Ocean through New Hampshire coastal state waters and any land-based s…

I. If the department determines that an approved operator training program has proven insufficient to adequately train operators as evidenced by inadequately trained operators, significant operational compliance issues, or inability to document that training has been provided, th…

I. Whenever a duly authorized agent of the department of health and human services finds or has probable cause to believe that any food, drug, device or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this chapter, he shall affix …

In this subdivision, "residential heating oil underground storage tank" means an underground storage tank used solely for heating a residential building.

I. Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity, or any color additive, shall with respect to any particular use or intended use be deemed unsafe for the purpose of application of RSA 146:3, I with r…

If the department determines that a facility is not in significant operational compliance with the release prevention and release detection measures of applicable state rules and statutes, or other requirements of this chapter or the implementing rules, then the department shall …

I. Except as provided in RSA 146-A:21, II, a residential heating oil underground storage tank shall be removed, in accordance with state fire code as defined by RSA 153:1, VI-a, if a change in the heating system removes it from use or if the owner does not intend to use it in the…

I. There is established a nonlapsing oil discharge and disposal cleanup fund. This fund shall be used, consistent with the provisions of this chapter, to reimburse costs incurred in cleaning up oil discharges in the groundwater and surface waters and soils of the state and in pay…

For the purposes of this chapter an article of food shall be deemed to be adulterated: I. (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be conside…

I. The owner of each existing underground storage facility shall register the facility with the department on forms provided by the department and shall provide the following information: (a) Facility name, location, and mailing address. (b) Owner's name, mailing address, and tel…

The discharge or spillage of oil into the surface water or groundwater of this state, or in a land area where the oil will ultimately seep into surface water or groundwater is prohibited. Nothing in this chapter, however, shall prohibit the application of mosquito larvae control …

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

I. A holder who has not assumed ownership of a facility or vessel by the act of taking title by foreclosure or by other similar means and who has not assumed responsibility for the operation of the facility or vessel shall not be liable under RSA 146-A:3-a. II. (a) A holder who h…

I. A fiduciary shall not be liable in its individual capacity under RSA 146-A:3-a. II. Nothing in this section shall preclude claims under RSA 146-A:3-a against: (a) A fiduciary in its representative capacity; (b) The assets of the estate or trust administered by a fiduciary; or …

Nothing in RSA 146-A:3-c or 146-A:3-d shall be construed to relieve a holder or fiduciary from any legal duty requiring a report, notification or disclosure of an oil discharge otherwise established under New Hampshire law.

I. Oil pipeline facility owners shall submit a spill response plan to the department that provides spill protection equivalent to or greater than a facility response plan under 49 C.F.R. section 194.101. A person who has contracted with an oil pipeline facility to provide contain…

I. There is established the oil fund disbursement board, to be composed of the following members: (a) The commissioner of environmental services, or his designee. (b) The commissioner of safety, or designee. (c) Three members representing petroleum dealers, distributors, and refi…

A drug or device shall be deemed to be adulterated in the following cases: I. (1) If it consists in whole or in part of any filthy, putrid, or decomposed substances; or (2) if it has been produced, prepared, packed or held under insanitary conditions whereby it may have been cont…

Unless the prescriber instructs otherwise, the label for every drug product dispensed shall include the product's trade or brand name, if any, or its established name and the name of the manufacturer, packer or distributor, using abbreviations if necessary.