146:1 Prohibited Acts. – 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 cosmetic. III. The receipt […]
146:10 Guaranty to Dealer. – 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 […]
146:11 Enforcement; Rules; Inspections. – 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 rules, when not inconsistent […]
146:12 Flour and Bread Enrichment. – No person shall, within the state, distribute, manufacture, bake, mix or compound for sale, offer for sale, have in possession with intent to sell or sell for human consumption, any flour, white bread or rolls unless the same conforms to the definition and standard of identity then in […]
146:13 Maple Products. – 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 […]
146:14 Vinegar. – 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 […]
146:15 Repealed by 1961, 83:2, eff. July 1, 1961. –
146:15-a Frozen Desserts. – 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 to the definition and standards of identity […]
146:16 Veal. – 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 […]
146:17 Prosecutions. – 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 the violation was not wilful […]
146:18 Penalty. – 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 […]
146:18-a Administrative Fines. – 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 adopted under this chapter, except […]
146:19 Forfeitures. – Any articles adulterated or misbranded within the meaning of this chapter may be forfeited. Source. GL 271:2, 3, 5. PS 269:12. PL 139:20. 1929, 45:12. RL 164:19.
146:2 Terms Defined. – 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 […]
146:20 Authority to Embargo and Condemn. – 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 […]
146:21 Additives. – 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 respect to any food, […]
146:3 Adulterations, Foods. – 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 […]
146:4 Adulterated Drugs, Devices. – 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 […]
146:5 Foods Misbranded. – Foods shall be deemed to be misbranded in the following cases: I. If its labeling is false or misleading in any particular. II. If it is offered for sale under the name of another article. III. If it is an imitation of another food for which a definition and standard […]
146:6 Drugs, Devices, Misbranding. – A drug or device shall be deemed to be misbranded in the following cases: I. If its labeling is false or misleading in any particular. II. If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; […]
