§2900. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1999, c. 679, Pt. A, §1 (NEW).] 1. Aseptically processed and packaged. “Aseptically processed and packaged” means hermetically sealed in a container and thermally processed to render the product free of microorganisms capable of […]
§2901-A. Standards and labeling Notwithstanding any other requirements of this chapter, milk and milk products, defined in accordance with standards then in effect that have been adopted by the United States Government and labeled in conformity with labeling requirements then in effect that have been adopted by the United States Government, are considered to conform […]
§2901-B. Trademark for milk and milk products The department shall adopt rules permitting the use of the certification trademark provided for in section 443-B on milk or milk products. The initial rules must include limitations relating to the use of milk from cows that have been treated with recombinant bovine somatotropin, referred to in this […]
§2901-C. Licenses and permits A person required to obtain a permit or license under this section, section 2902-A or rules adopted under section 2910 or pursuant to former section 2902 may not sell, transport or transfer milk or milk products prior to obtaining the appropriate license or permit. [PL 1999, c. 679, Pt. A, […]
§2901. Definitions (REPEALED) SECTION HISTORY PL 1969, c. 41, §1 (AMD). PL 1971, c. 164, §§1-12 (AMD). PL 1977, c. 31 (AMD). PL 1979, c. 541, §§A72,A73 (AMD). PL 1979, c. 672, §§A30-33 (AMD). PL 1981, c. 315, §§1-6 (AMD). PL 1987, c. 700, §1 (AMD). PL 1987, c. 874, §1 (AMD). PL 1997, c. […]
§2902-A. Operating permits 1. Sale prohibited. Following the adoption of and in accordance with rules established according to this section, no operator of a dairy farm may sell any milk to a milk distributor unless the operator holds a valid operating permit for the farm issued by the commissioner. [PL 1999, c. 679, Pt. […]
§2902-B. Sale of unpasteurized milk and milk products 1. Sale of unpasteurized milk or milk product. A person may not sell unpasteurized milk or a product made from unpasteurized milk, including heat-treated cheese, unless the label on that product contains the words “not pasteurized.” [PL 2005, c. 270, §3 (AMD).] 2. Sale of unpasteurized […]
§2902. Licensing fees (REPEALED) SECTION HISTORY PL 1971, c. 164, §13 (AMD). PL 1977, c. 694, §§137,138 (AMD). PL 1979, c. 672, §§A34-36 (AMD). PL 1981, c. 315, §§7-9 (AMD). PL 1981, c. 574, §1 (AMD). PL 1985, c. 751, §§1-3 (AMD). PL 1989, c. 888, §§3,4 (AMD). PL 1999, c. 362, §8 (RPR). PL […]
§2903-A. Refusal to purchase 1. Notice of refusal. A milk plant owner or operator who has a verbal or written contract with a milk producer for the purchase of milk may not refuse to continue to purchase milk under the contract without first giving notice to the producer in accordance with this section. The milk […]
§2903-B. Testing of samples for resolving disputed test results The commissioner shall develop a process for obtaining and testing a sample of milk when a milk producer disputes the result of a test or a component analysis performed by an employee of a milk plant that is used to determine acceptance of milk by the […]
§2903. Restrictions on sales (REPEALED) SECTION HISTORY PL 1971, c. 99, §2 (AMD). PL 1971, c. 164, §§14-16 (AMD). PL 1979, c. 672, §§A37,38 (AMD). PL 1981, c. 315, §§10,11 (AMD). PL 1983, c. 348, §§1,2 (AMD). PL 1985, c. 32 (AMD). PL 1999, c. 362, §9 (RP).
§2904-A. Farm cheese (REPEALED) SECTION HISTORY PL 1997, c. 639, §2 (NEW). PL 1999, c. 418, §3 (AMD). PL 2005, c. 270, §4 (RP).
§2904. Rules and regulations (REPEALED) SECTION HISTORY PL 1969, c. 41, §2 (AMD). PL 1977, c. 694, §139 (AMD). PL 1999, c. 362, §10 (RP).
§2905. Sales to institutions (REPEALED) SECTION HISTORY PL 1999, c. 362, §11 (RP).
§2906. Civil suits The district attorney for the county in which any violation of sections 2901‑A to 2903‑B has occurred shall, if requested, assist the commissioner in suits arising under those sections. [PL 2005, c. 270, §5 (AMD).] SECTION HISTORY PL 1977, c. 696, §98 (RPR). PL 1999, c. 362, §12 (AMD). PL 1999, […]
§2907. Jurisdiction The District Court and the Superior Court have concurrent jurisdiction in cases arising under sections 2901‑A to 2903‑B. [PL 2005, c. 270, §6 (AMD).] SECTION HISTORY PL 1999, c. 362, §13 (AMD). PL 1999, c. 679, §A10 (AMD). PL 2005, c. 270, §6 (AMD).
§2908-A. Violations 1. Violation. A firm, person, corporation or society may not sell milk or milk products in the State without the license or permits provided in sections 2901‑C and 2902‑A, violate sections 2901‑A to 2903‑B or neglect, fail or refuse to comply with those sections and the rules, regulations and standards of identity and […]
§2908. Violations (REPEALED) SECTION HISTORY PL 1969, c. 41, §3 (AMD). PL 1977, c. 696, §99 (RPR). PL 1985, c. 751, §4 (AMD). PL 1991, c. 725, §1 (AMD). PL 1999, c. 362, §14 (AMD). PL 1999, c. 679, §A11 (AMD). PL 2003, c. 452, §B19 (RP). PL 2003, c. 452, §X2 (AFF).
§2909. Inspection The commissioner, or a duly authorized agent of the commissioner, may perform inspections as authorized by written consents obtained pursuant to section 2901-B. [PL 1993, c. 663, §2 (NEW).] SECTION HISTORY PL 1993, c. 663, §2 (NEW).
§2910-A. Injunctions by commissioner In addition to any other remedy for the enforcement of sections 2901‑C to 2903‑B or a rule, order or decision by the commissioner adopted or issued pursuant to this chapter, the commissioner is authorized to apply to the Superior Court for a preliminary or permanent injunction restraining any person from violating […]
