reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:8-a - Animal Records Database Established.

437:8-a Animal Records Database Established. –
I. The department of agriculture, markets, and food shall design, establish, and contract with a third party for the implementation and operation of an electronic system to facilitate the handling of animal records.
II. The department shall maintain a reporting system capable of receiving electronically transmitted records from veterinarians. The commissioner shall adopt rules under RSA 541-A to govern methods of obtaining, compiling, and maintaining such information he or she deems necessary to manage such database including procedures for providing authorized access. The commissioner shall also ensure that the database is secure from unauthorized access or use.
III. The commissioner may issue a waiver to a veterinarian who is unable to submit information by electronic means. Such waiver may permit the veterinarian to submit information by paper form or other means, provided all information required by RSA 437:8 is submitted in this alternative format and within the established time limit.
IV. The commissioner may grant a reasonable extension to a veterinarian who is unable, for good cause, to submit all the information required by RSA 437:8 within the established time limits. Any veterinarian who in good faith reports to the program as required by RSA 437:8 shall be immune from any civil or criminal liability as the result of such good faith reporting.
V. There is established a nonlapsing fund to be known as the animal records database fund in the department of agriculture, markets, and food which shall be kept distinct and separate from all other funds. All moneys in the animal records database fund shall be nonlapsing and continually appropriated to the commissioner, and except as otherwise provided in law, shall be used for the purpose of administering and maintaining the animal records database established in this section. The database fund shall draw moneys only from grants and appropriations.
VI. Notwithstanding paragraph V, the fund shall be initiated by transfers from the agricultural product and scale testing fund established under RSA 435:20, IV, as provided in RSA 435:20, V.
Source.
2021, 91:302, eff. June 25, 2021.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:8-b - Confidentiality.

437:8-b Confidentiality. –
I. Information submitted to the animal records database is exempt from public disclosure, and shall not be subject to discovery, subpoena, or other means of legal compulsion for release. Disclosure to local, state, and federal officials is not public disclosure. This exemption shall not affect the disclosure of information used in official local, state, or federal animal health investigations or pet vendor license investigations under this chapter. Database records, information, or lists may be made available pursuant to a court order on a case-by-case basis. Any information, record, or list received pursuant to this paragraph shall not be transferred or otherwise made available to any other person or listed entity not authorized under this paragraph.
II. The department shall establish and maintain procedures to ensure the privacy and confidentiality of animal and animal owner information.
III. The department may use and release information and reports from the program for program analysis and evaluation, statistical analysis, public research, public policy, and educational purposes, provided that the data are aggregated or otherwise de-identified.
IV. No animal records database records, information, or lists shall be sold, rented, transferred, or otherwise made available in whole or in part, in any form or format, directly or indirectly, to another person.
V. Certificates of transfer shall be removed from the animal records database after 4 years.
VI. Any person who knowingly accesses, alters, destroys, publishes, or discloses animal records database information except as authorized in this section or attempts to obtain such information by fraud, deceit, misrepresentation, or subterfuge shall be guilty of a class B felony.
VII. Nothing in this section shall limit the right of a person damaged by a violation to pursue any other appropriate cause of action.
Source.
2021, 91:302, eff. June 25, 2021.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:9 - Rulemaking Authority.

437:9 Rulemaking Authority. –
The commissioner may adopt rules, pursuant to RSA 541-A, relative to:
I. The information required from an applicant for a license as a pet vendor;
II. The health and sanitation standards to effectuate the purposes of this subdivision;
III. Information required to be maintained in records of pet vendors regarding identifying features of animals or birds obtained and transferred;
IV. Notice and hearing on the refusal to issue or the revocation of a license;
V. Setting limits for reasonable daily boarding and care costs for animals confiscated under RSA 644:8, IV.
VI. Any other matter the commissioner may deem necessary to carry out the provisions of this subdivision.
Source.
2017, 156:233, eff. July 1, 2017. 2019, 306:12, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:10 - Penalty.

437:10 Penalty. –
I. Any person who transfers ownership of a live dog, cat, or ferret without an official certificate of transfer or any pet vendor who transfers live animals or birds customarily used as household pets in this state without having a license to do so as required by this chapter shall be guilty of a misdemeanor and may be subject to an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
II. In addition to the penalty under paragraph I, any pet vendor who violates any of the provisions of this subdivision or rule adopted under it may be subject to an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
Source.
2017, 156:233, eff. July 1, 2017. 2022, 225:3, eff. Jan. 1, 2023.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:14 - Artificial Coloring.

437:14 Artificial Coloring. –
No chick, duckling, gosling, or rabbit that has been dyed or otherwise colored artificially shall be sold or offered for sale; raffled; offered or given as a prize, premium, or advertising device; or displayed in any store, shop, carnival, or other public place.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:15 - Sale or Gift.

437:15 Sale or Gift. –
Rabbits younger than 8 weeks of age shall not be sold or offered for sale; raffled; or offered or given as a prize, premium, or advertising device.
Source.
1985, 72:1, eff. July 1, 1985. 2012, 82:1, eff. July 22, 2012. 2019, 81:1, eff. Aug. 17, 2019.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:16 - Conditions of Keeping and Display.

437:16 Conditions of Keeping and Display. –
Stores, shops, vendors, and others offering chicks, ducklings, or goslings younger than 4 weeks of age for sale, raffle, or as a prize, premium, or advertising device, or displaying chicks, ducklings, or goslings to the public, shall provide and operate brooders or other heating devices that may be necessary to maintain the chicks, ducklings, or goslings in good health, and shall keep adequate food and water available to the birds at all times.
Source.
1985, 72:1, eff. July 1, 1985. 2019, 81:2, eff. Aug. 17, 2019.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:17 - Penalty.

437:17 Penalty. –
Any person, firm, or corporation violating any of the provisions of this subdivision shall be guilty of a violation; provided that after any violation has been called to the attention of the violator by any law enforcement officer, each day on which such violation continues or is repeated shall constitute a separate offense.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:17-a - Monk Parakeets.

437:17-a Monk Parakeets. –
Monk parakeets (Myiopsitta monachus), also known as quaker parrots, may be possessed and sold within the state.
Source.
2011, 116:1, eff. July 30, 2011.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:18 - Definitions.

437:18 Definitions. –
As used in this subdivision, unless the context otherwise requires:
I. "Animal" means a domestic animal, a household pet, or a wild animal in captivity.
II. "Owner" means the person having the right of possession of an animal, whether such right was acquired by gift, purchase, or other means.
III. "Animal care center" means any veterinary establishment, humane society, boarding kennel, or other center providing care and treatment for animals.
IV. "Abandoned animal" means:
(a) Any animal whose owner neglects or refuses to reclaim it within 7 days after the mailing of the notification provided for in RSA 437:19.
(b) Any animal left in an animal care center by a person unknown or by an owner who, when leaving the animal, gives a false name or false address.
(c) Any ferret in the custody of the animal care center for at least 7 days.
(d) Any cat in the custody of the animal care center for at least 7 days which has a form of positive identification including, but not limited to a tattoo, collar, microchip, eartag, or any other form of identification approved by the commissioner of agriculture, markets, and food pursuant to rules adopted under RSA 466:13-a.
V. "Operator" means the director, manager, veterinarian, or other person charged with the supervision of an animal care center.
Source.
1985, 72:1. 1998, 368:2, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:19 - Notice to Owner; Reclaiming of Animals.

437:19 Notice to Owner;  Reclaiming of Animals. –
The operator of an animal care center having custody of an animal, the owner of which has refused or neglected to reclaim the animal for a period of 7 days, or has refused or neglected to pay the just fees and charges due for boarding, grooming, surgical, medical or other care of the animal for a period of 7 days, shall notify the owner by certified mail of the intention of the operator to treat the animal as an abandoned animal within the meaning of this subdivision if the owner does not reclaim the animal or pay the charges and fees within 7 days after the mailing of the notification. Any cat not licensed in accordance with RSA 466:13-a and which is reclaimed from an animal care center shall be released to the owner only upon proof of a current, valid rabies vaccination or upon being vaccinated against rabies in accordance with RSA 436.
Source.
1985, 72:1. 1998, 368:5, eff. Aug. 25, 1998.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:20 - Disposition of Abandoned Animals.

437:20 Disposition of Abandoned Animals. –
Ownership of an animal shall vest in the operator of the animal care center having custody thereof upon determination that the animal has been abandoned under the provisions of this subdivision, and the operator may dispose of such abandoned animal in any lawful manner as if he were its rightful owner.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:21 - Duty of Operator.

437:21 Duty of Operator. –
It shall be the duty of the operator of an animal care center, when taking custody of an animal, to advise its owner of the provisions of this subdivision.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437 - Sale of Pets and Disposition of Unclaimed Animals › Section 437:22 - Experimentation and Vivisection Prohibited.

437:22 Experimentation and Vivisection Prohibited. –
I. It shall be unlawful for any agent acting on behalf of an animal shelter facility as defined in RSA 437:1, I, or an animal care center as defined in RSA 437:18, III, to give, release, sell, trade or transfer with or without a fee any live animal brought, caught, detained, obtained or procured by any means, to any association, corporation, individual, educational institution, laboratory, medical facility, or anyone else, for the purpose of experimentation or vivisection.
II. All animals which are put to death by an animal control officer, humane retaining facility, animal care facility, or agents acting on behalf of such a facility shall be put to death humanely using a method approved by the commissioner of the New Hampshire department of agriculture, markets, and food.
III. Any person who violates the provisions of paragraphs I or II shall be guilty of a misdemeanor.
Source.
1985, 72:1. 1995, 130:4, eff. July 23, 1995. 2017, 156:234, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437-A - Animal Population Control › Section 437-A:1 - Definitions.

437-A:1 Definitions. –
In this chapter:
I. "Commissioner" means the commissioner of the department of agriculture, markets, and food.
II. "Department" means the department of agriculture, markets, and food.
III. "Fund" means the companion animal neutering fund established in RSA 437-A:4-a.
Source.
1993, 219:3. 1995, 130:4. 1997, 332:2, eff. Aug. 22, 1997.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437-A - Animal Population Control › Section 437-A:2 - Program Established.

437-A:2 Program Established. –
The department shall establish and implement an animal population control program. The purpose of this program shall be to reduce the population of unwanted and stray dogs and cats by encouraging the owners of dogs and cats to have them permanently sexually sterilized, thereby reducing potential threats to public health and safety from mid-Atlantic rabies and other sources. The program shall not begin operation until June 1, 1994. The commissioner shall report relative to the progress of the program beginning on September 1, 1994, to the president of the senate, the speaker of the house and the governor within its biennial report pursuant to RSA 20:7.
Source.
1993, 219:3, eff. Jan. 1, 1994. 2015, 259:22, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437-A - Animal Population Control › Section 437-A:3 - Eligibility of Owner of Dog or Cat to Participate.

437-A:3 Eligibility of Owner of Dog or Cat to Participate. –
I. (a) A resident of the state who owns a dog or cat and who is eligible for one of the following programs shall also be eligible to participate in a reduced fee companion animal population control program if the owner signs a consent form certifying that the person is the owner of the dog or cat or is authorized by the owner to present the dog or cat for the procedure and such person pays a fee of $25:
(1) The Food Stamp Program authorized by Title XIII of the Food and Agriculture Act of 1977 (7 U.S.C. section 2011 et seq.) and RSA 161:2, XIII.
(2) The Supplemental Security Income Program established pursuant to Title XVI of the Social Security Act (42 U.S.C. section 1381 et seq.).
(3) The Temporary Assistance for Needy Families Act established pursuant to 42 U.S.C. section 601 et seq. and RSA 161-B.
(4) The aid to the needy blind program established under RSA 161:2, V.
(5) The medicaid program established under RSA 167.
(6) The old age assistance program established under RSA 167.
(7) The aid to the permanently and totally disabled program established under RSA 167.
(b) A resident of the state who owns a dog or cat and has a household income at or below 130 percent of the federal poverty guidelines shall also be eligible to participate in a reduced fee companion animal population control program if the owner signs a consent form certifying that the person is the owner of the dog or cat or is authorized by the owner to present the dog or cat for the procedure and such person pays a fee of $25.
II. Dogs and cats imported from out of state into New Hampshire animal shelters or adoption agencies shall not be eligible for this program.
Source.
1993, 219:3, eff. Jan. 1, 1994. 2002, 161:1, eff. July 1, 2002. 2004, 61:1, eff. Jan. 1, 2005. 2005, 194:1, eff. July 1, 2005. 2009, 98:1, eff. Jan. 1, 2010. 2014, 187:1, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437-A - Animal Population Control › Section 437-A:4 - Veterinarian Participation.

437-A:4 Veterinarian Participation. –
I. Any veterinarian licensed in this state may participate in the program established under this chapter. A veterinarian shall file with the commissioner an application on which such veterinarian shall supply, in addition to any other information requested by the commissioner, a fee schedule listing the fees charged for animal sterilization, examination, and the presurgical immunizations specified in RSA 437-A:4, II(b) in the normal course of business. The animal sterilization fee may vary with the animal's weight, sex and species. The commissioner may, however, disqualify from participation in the program any veterinarian whose fees are deemed unreasonable. A fee shall be determined unreasonable if the fee is more than 20 percent greater than the average fee of all those who have applied to participate in the program for the following calendar year. Any application submitted after January 1 will be judged against the existing average for that calendar year.
II. (a) The commissioner shall reimburse, to the extent funds are available, participating veterinarians for 80 percent of the fee, less payment paid by the owner to the veterinarian as provided in RSA 437-A:3, for each animal sterilization procedure administered. To receive this reimbursement, the veterinarian shall submit an animal sterilization certificate which shall be signed by the veterinarian and the owner of the animal.
(b) For all animals sterilized under RSA 437-A:3, the commissioner shall also reimburse, to the extent funds are available, any licensed veterinarian of this state participating in such program for an examination fee and the presurgical immunization of dogs and cats against rabies. Reimbursement for the full cost of the presurgical immunization shall be made by the commissioner to the participating veterinarian upon the written certification, signed by the veterinarian and the owner of the animal, that the immunization has been administered. There shall be no additional charges to the owners of animals sterilized under RSA 437-A:3 for examination fees or the presurgical immunization.
Source.
1993, 219:3. 2000, 134:1, eff. July 7, 2000. 2008, 60:1, eff. July 20, 2008. 2009, 98:2, eff. Jan. 1, 2010. 2012, 171:22, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437-A - Animal Population Control › Section 437-A:4-a - Fund Established; Solicitation and Acceptance of Funds.

437-A:4-a Fund Established;  Solicitation and Acceptance of Funds. –
I. There is hereby established the companion animal neutering fund. Any funds received by the commissioner under this chapter, RSA 466:4, I(c), and RSA 466:6, III shall be deposited in the fund and shall be used by the commissioner exclusively for implementation including veterinarian reimbursement, promotion, and other costs associated with the program. Moneys in the fund shall be continually appropriated to the commissioner. Interest earnings credited to the assets of the fund shall become part of the fund. Any balance remaining in the fund at the end of the fiscal year shall be carried forward to the fund for the next fiscal year.
II. The commissioner may solicit and accept funds from any public or private source to be used to carry out the provisions of this chapter. All such funds shall be deposited into the fund established under paragraph I.
Source.
1997, 332:1, eff. Aug. 22, 1997.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437-A - Animal Population Control › Section 437-A:5 - Rulemaking.

437-A:5 Rulemaking. –
The commissioner shall adopt rules pursuant to RSA 541-A relative to:
I. Format and content of all forms required under this chapter.
II. Proof of eligibility under RSA 437-A:3, I.
II-a. Administration of the fund established under RSA 437-A:4-a.
III. [Repealed.]
Source.
1993, 219:3. 1997, 332:3, eff. Aug. 22, 1997. 2009, 98:3, eff. Jan. 1, 2010. 2012, 171:26, XXI, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437-A - Animal Population Control › Section 437-A:6 - Enforcement; Administrative Fine.

437-A:6 Enforcement;  Administrative Fine. –
Any person who knowingly falsifies proof of eligibility for, or participation in, any program under this chapter, who furnishes any licensed veterinarian with inaccurate information concerning the ownership of an animal submitted for a sterilization procedure, who furnishes the commissioner with false information concerning an animal sterilization fee schedule or an animal sterilization certificate submitted pursuant to this chapter or who violates any provision of this chapter or rule adopted under this chapter may be subject to an administrative fine levied by the commissioner not to exceed $1,000 for each violation.
Source.
1993, 219:3, eff. Jan. 1, 1994.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437-A - Animal Population Control › Section 437-A:7 - to 437-A:9 Repealed by 2010, 368:1(31), eff. Dec. 31, 2010.

437-A:7 to 437-A:9 Repealed by 2010, 368:1(31), eff. Dec. 31, 2010. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 437-B - Cost of Care Fund › Section 437-B:1 - Cost of Care Fund.

437-B:1 Cost of Care Fund. –
I. There is established in the department of agriculture, markets, and food a nonlapsing fund to be known as the cost of care fund which shall be kept distinct and separate from all funds. The cost of care fund is established to assist municipalities in covering the costs of care incurred from caring for animals pending the resolution of any action brought for animal cruelty under RSA 644:8 or RSA 644:8-a.
II. The treasurer shall deposit in the cost of care fund court-ordered restitution for care in animal cruelty cases under RSA 644:8 or RSA 644:8-a as specified in paragraph VI and moneys received from RSA 435:20, IV provided the balance in the cost of care fund shall not exceed $2,000,000.
III. The arresting officer or his or her designee may apply to the commissioner of the department of agriculture, markets, and food for a grant from the cost of care fund to reimburse costs incurred caring for animals in animal cruelty cases brought under RSA 644:8 or RSA 644:8-a during pretrial care, for the period between when the animals are seized and until the final disposition of the case. The commissioner of the department of agriculture, markets, and food and the state veterinarian shall review such applications, respond to such applications within 15 days, and distribute no more than $500,000 per application.
IV. The commissioner shall establish rules under RSA 541-A relative to:
(a) The administration and disbursement of the cost of care fund, including guidelines to ensure that multiple applicants would have equitable access to grants.
(b) The application process by an arresting officer or his or her designee for financial assistance to cover the cost of emergency veterinary treatment.
V. The commissioner may accept private gifts and donations of any kind for the purpose of supporting the cost of animal care which shall be deposited into the cost of care fund.
VI. If a person is convicted of animal cruelty and is ordered by the court to make restitution, the municipality shall report such restitution to the department of agriculture, markets, and food. If the restitution exceeds the costs incurred by the municipality in caring for the seized animals, that excess shall be remitted to the department and shall be deposited into the cost of care fund.
Source.
2019, 346:300, eff. July 1, 2019. 2020, 37:98, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:2 - Systems of Weights and Measures.

438:2 Systems of Weights and Measures. –
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 units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by the National Institute of Standards and Technology are recognized and shall govern weighing and measuring equipment and transactions in the state.
Source.
1985, 72:1. 1989, 324:2, eff. Aug. 1, 1989.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:3 - Definitions of Special Units of Measure.

438:3 Definitions of Special Units of Measure. –
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 contained in a space of 128 cubic feet when the wood is ranked and well stowed, as defined in the National Institute of Standards and Technology Handbook 130 as revised and amended.
Source.
1985, 72:1. 1994, 100:2, eff. July 10, 1994.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:4 - State Standards of Weight and Measure.

438:4 State Standards of Weight and Measure. –
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 such by the National Institute of Standards and Technology, be the state standards of weight and measure. The state standards shall be kept in a safe and suitable place in the office or laboratory of the state bureau of weights and measures; they shall not be removed from the said office or laboratory except for repairs or for certification.
Source.
1985, 72:1. 1989, 324:3. 1991, 10:1, eff. June 18, 1991.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:5 - Field Standards and Equipment.

438:5 Field Standards and Equipment. –
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 at intervals, as recommended by the National Conference on Weights and Measures Handbook 105 series pursuant to RSA 438:8, IV, thereafter by comparison with the state standards or standards of NIST recognized or accredited laboratories.
Source.
1985, 72:1, eff. July 1, 1985. 2023, 157:3, eff. Sept. 26, 2023.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:6 - Administration; Inspections.

438:6 Administration;  Inspections. –
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 personnel rules, and within the limits of available appropriations and funds, the commissioner may employ such inspectors and assistants and incur such expenses as may be necessary to carry out the provisions of this chapter. The commissioner or his inspectors, at his direction, shall at least once a year visit the various cities having local sealers and inspect their work and, in the performance of duties hereunder, he shall inspect, from time to time, the weights, measures, balances or any other weighing or measuring devices of any person, firm, or corporation in those cities.
Source.
1985, 72:1. 1989, 324:4. 1995, 130:4, 5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:7 - General Powers and Duties of Commissioner.

438:7 General Powers and Duties of Commissioner. –
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 administration and enforcement of the provisions of this chapter and the administrative rules adopted under this chapter.
III. The commissioner may issue an order to any person in violation of this chapter, any term or condition of a license, permit or registration issued under this chapter, or any rule adopted under this chapter. This order may require such remedial or corrective measures as may be necessary. The order shall require elimination of the violation and shall set the time frame within which the remedial or corrective measures shall be completed. Any person to whom an order is directed may appeal to the commissioner or to the superior court.
IV. The commissioner may hold hearings concerning the issuance of licenses, permits or registrations and the enforcement of these and any other provisions of this chapter.
V. The commissioner may impose administrative fines pursuant to RSA 438:40.
VI. The commissioner shall license annually all devices used commercially to provide services on the basis of weight, measure, or count or to establish size, quantity, extent, area or measurement of commodities or articles sold or offered or exposed for sale.
VII. The commissioner shall biennially make to the governor a report on all of the activities under this chapter within its biennial report pursuant to RSA 20:7.
VIII. The commissioner shall designate the registration and expiration dates for all licenses, permits, and registrations issued under this chapter.
IX. The commissioner shall make an annual report on October 1 of each year to the house and senate committees on executive departments and administration and to the house and senate clerks including the number of consumer complaints, the number of inspections, and the number of audits during the prior fiscal year for meters, scales, and other devices.
Source.
1985, 72:1. 1989, 324:5. 1994, 100:3, 4, eff. July 10, 1994. 2011, 202:3, eff. July 1, 2011. 2015, 259:23, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:8-a - Division Director; Duties.

438:8-a Division Director;  Duties. –
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 measures including the work of the inspectors, the metrologist, and the clerical staff.
II. The director, in accordance with the policies of the department of administrative services, shall keep records on the weights and measures inspectors which shall include, by employee, the hours worked, approval of any overtime hours worked and the reason therefor, and accurate records of leave time accrued and used.
III. The director shall, with the approval of the commissioner, establish a written procedure for prosecuting violations of this chapter and shall make judicious use of the civil penalty system in lieu of criminal prosecution when in his or her judgment it will be equally or more effective in enforcing the provisions of this chapter.
IV. The director shall, with approval of the commissioner, establish a written code of conduct for the inspectors which shall be available upon request and shall establish written regulations and standard operating procedures for the inspectors.
V. [Repealed.]
Source.
2012, 238:1, eff. June 18, 2012. 2022, 323:29, II, eff. Sept. 6, 2022.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:8-b - Repealed by 2022, 323:29, I, eff. Sept. 6, 2022.

438:8-b Repealed by 2022, 323:29, I, eff. Sept. 6, 2022. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:9 - Testing of Standards; Testing at State Supported Institutions.

438:9 Testing of Standards;  Testing at State Supported Institutions. –
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 be correct, and he shall inspect such standards at least once each year. He shall from time to time test all weights and measures used in checking the receipt or disbursement of supplies in every institution for the maintenance of which moneys are appropriated by the legislature, reporting his findings, in writing, to the supervisory board and to the executive office of the institution concerned.
Source.
1985, 72:1. 1991, 10:3, eff. June 18, 1991.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:10 - General Testing.

438:10 General Testing. –
When not otherwise provided by law, the commissioner, or his inspectors at his direction, shall have the power to inspect and test to ascertain if they are correct all weights and measures kept, offered, or exposed for sale. It shall be the duty of the commissioner, as he may deem necessary, to inspect and test to ascertain if they are correct all weights and measures commercially used (1) in determining the weight, measurement, or count of commodities or things sold, or offered or exposed for sale, on the basis of weight, measure, or of count, or (2) in computing the basic charge or payment for services rendered on the basis of weight, measure, or of count; provided, however, that with respect to single-service devices (that is, devices designed to be used commercially only once and to be then discarded) and with respect to devices uniformly mass-produced, as by means of a mold or die and not susceptible of individual adjustment, tests may be made on representative samples of such devices. The lots of such samples which are representative shall be held to be correct or incorrect upon the basis of the results of the inspections and tests on such samples.
Source.
1985, 72:1. 1989, 324:8, eff. Aug. 1, 1989.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:10-a - Fees for Licensing Commercial Devices.

438:10-a Fees for Licensing Commercial Devices. –
The following annual device license fees shall be charged for the following categories:
I. Scales 100 pounds or less, other than precision scales, $18 each;
II. Scales over 100 pounds to 2,000 pounds, $27 each;
III. Scales over 2,000 pounds to 5,000 pounds, $54 each;
IV. Non-vehicle scales over 5,000 pounds, $90 each;
V. Vehicle scales, $180 each;
VI. Lift truck/forklifts, on board weighing systems/scales, $90 each;
VII. On board weighing systems/scales, refuse or recyclable materials collection trucks, $90 each;
VIII. Precision scales, $36 each;
IX. Retail motor fuel dispensers, except liquefied petroleum gas and natural gas dispensers, $18 per meter;
X. Liquefied petroleum gas retail motor fuel dispensers, $54 per meter;
XI. Natural gas retail motor fuel dispensers, $54 per meter;
XII. Liquid vehicle tank meters, except liquefied petroleum gas and natural gas meters, $54 per meter;
XIII. Liquid bulk storage meters, $90 per meter;
XIV. Liquefied gas meters, $90 per meter;
XV. Taxi meters, $27 per meter; and
XVI. Linear and cordage measures, $18 per meter.
Source.
2011, 202:1, eff. July 1, 2011. 2022, 111:1, 2, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:11 - Investigations.

438:11 Investigations. –
Under the direction of the commissioner, the director shall investigate complaints made concerning violations of the provisions of this chapter and shall, upon his or her own initiative, conduct such investigations as deemed appropriate and advisable to develop information on prevailing procedures in commercial quantity determination and on possible violations of the provisions of this chapter and to promote the general objective of accuracy in the determination and representation of quantity in commercial transactions.
Source.
1985, 72:1, eff. July 1, 1985. 2023, 157:2, eff. Sept. 26, 2023.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:12 - Inspection of Packages.

438:12 Inspection of Packages. –
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 whether they are kept, offered or exposed for sale or sold in accordance with law. When such packages or amounts of commodities are found not to contain the amounts represented, or are found to be kept, offered, or exposed for sale in violation of law, the commissioner may order them off sale and may so mark or tag them as to show them to be illegal. In carrying out the provisions of this section, the commissioner may employ recognized sampling procedures under which the compliance of a given lot of packages will be determined on the basis of the result obtained on a sample selected from and representative of such lot. No person shall (1) sell, or keep, offer, or expose for sale, in intrastate commerce, any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section unless and until such package or amount of commodity has been brought into full compliance with all legal requirements, or (2) dispose of any package or amount of commodity that has been ordered off sale or marked or tagged as provided in this section and that has not been brought into compliance with legal requirements, in any manner, except with the specific approval of the commissioner.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:13 - Stop-Use, Stop-Removal Orders.

438:13 Stop-Use, Stop-Removal Orders. –
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 with respect to packages or amounts of commodities kept, offered, or exposed for sale, sold, or in process of delivery, whenever in the course of his enforcement of the provisions of this chapter he deems it necessary or expedient to issue such orders. No person shall use, remove from the premises specified, or fail to remove from the premises specified, any weight, measure, or package or amount of commodity contrary to the terms of a stop-use order, stop-removal order, or removal order issued under the authority of this section.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:14 - Disposition of Correct and Incorrect Apparatus.

438:14 Disposition of Correct and Incorrect Apparatus. –
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 weights and measures as he finds, upon inspection or test, to be "incorrect" as defined in RSA 438:8, but which in his best judgment are susceptible of satisfactory repair; provided, however, that such sealing or marking shall not be required with respect to such weights and measures as may be exempted therefrom by a rule of the commissioner adopted under the authority of RSA 438:8. The commissioner shall condemn and may seize and destroy weights and measures found to be incorrect if not corrected or disposed of as required by RSA 438:19.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:14-a - Registered Service Technician.

438:14-a Registered Service Technician. –
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 unless rejected pursuant to RSA 438:14.
Source.
2010, 358:2, eff. Sept. 18, 2010. 2011, 202:4, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:15 - Police Powers, Right of Entry and Stoppage.

438:15 Police Powers, Right of Entry and Stoppage. –
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 authorized to arrest, without formal warrant, any violator of said laws, and to seize for use as evidence, without formal warrant, incorrect or unsealed weights and measures or amounts or packages of commodity found to be used, retained, offered, or exposed for sale or sold in violation of law.
Source.
1985, 72:1, eff. July 1, 1985. 2012, 238:5, eff. June 18, 2012.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:15-a - Training of Inspectors.

438:15-a Training of Inspectors. –
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 standards and training council pursuant to RSA 106-L no later than 2 years from the date of hire. Upon successful completion of the training program such inspector shall be certified as a part-time police officer. Inspectors serving under permanent appointment on April 27, 1990 who have the power to enforce the laws and rules pertaining to weights and measures under RSA 438 shall also successfully complete the preparatory training program for part-time police officers within one year of April 27, 1990 and shall, upon completion, be certified as part-time police officers.
Source.
1989, 324:9. 1990, 217:2. 1995, 130:4, eff. July 23, 1995. 2017, 206:17, eff. Sept. 8, 2017.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:16 - City Sealers of Weights and Measures; Appointment.

438:16 City Sealers of Weights and Measures;  Appointment. –
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 until his appointment has been approved in writing by the commissioner of agriculture, markets, and food and shall hold office during good behavior. The city sealer shall have the same power and duties in the city as state inspectors have throughout the state.
Source.
1985, 72:1; 189:1. 1987, 12:1. 1989, 324:10. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 438 - Standards for Weights and Measures › Section 438:17 - City Standards and Equipment.

438:17 City Standards and Equipment. –
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 city, as may be prescribed by the commissioner, (2) provide a suitable office for the sealer, and (3) provide for the necessary clerical services, supplies, and transportation, and for defraying contingent expenses incident to the official activities of the sealer in carrying out the provisions of this chapter. When the standards of weight and measure required by this section to be provided by a city have been examined and approved by the commissioner, they shall be the official standards for such city. It shall be the duty of the sealer to make, or to arrange to have made, at least as frequently as once a year, comparisons between his field standards and appropriate standards of a higher order belonging to his city or to the state, in order to maintain such field standards in accurate condition. Whenever the city council of a city shall neglect for 6 months to provide such standards, the city clerk of said city, on notification and request by the commissioner, shall provide the same and cause them to be tried, sealed, and deposited at the expense of the city.
Source.
1985, 72:1, eff. July 1, 1985.