reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:22 - Inspectors.

339:22 Inspectors. –
The mayor and aldermen of every city, and the selectmen of every town of more than 1,500 inhabitants, and of every town of less than 1,500 inhabitants upon the written application of 5 or more citizens of such town therefor, shall appoint annually one or more suitable persons, not interested in the sale of crude petroleum, or in the sale and manufacture of petroleum, earth rock-oil or any of their products, and who are not employees of any person so interested, to be inspectors thereof in such city or town, and who, before entering upon the duties of their office, shall be duly sworn.
Source.
1873, 44:1. GL 122:30. 1879, 57:23. PS 126:25. PL 162:22. RL 193:22.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:23 - Compensation.

339:23 Compensation. –
Their compensation shall be fixed by the selectmen and paid by persons requiring their services.
Source.
1873, 44:1. GL 122:30. 1879, 57:23. PS 126:25. PL 162:23. RL 193:23.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:24 - Penalty.

339:24 Penalty. –
Any inspector guilty of fraud, deceit or culpable negligence in the performance of his duties shall be guilty of a misdemeanor.
Source.
1873, 44:1. GL 122:30. 1879, 57:23. PS 126:25. PL 162:24. RL 193:24. RSA 339:24. 1973, 528:233, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:25 - Sale; Test.

339:25 Sale;  Test. –
No person shall mix for sale gasoline with kerosene or other illuminating or fuel oils, or shall sell or offer for sale such mixture. No person shall sell or offer for sale kerosene or similar illuminating or fuel oils which flash under 100 degrees Fahrenheit, open cup test. Provided, that this shall not be construed as applying to the sale of gasoline as such for fuel or illuminating purposes.
Source.
1873, 44:2. GL 122:31. 1879, 57:24. PS 126:26. PL 162:25. 1927, 31:1. RL 193:25. RSA 339:25. 1983, 146:1, eff. Aug. 6, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:26 - Penalty; Damages.

339:26 Penalty;  Damages. –
Whoever violates the provisions of RSA 339:25 shall be guilty of a misdemeanor, and shall be liable for all damage occasioned to any person by the explosion or ignition of such oil thus unlawfully sold, kept or offered for sale; and such oil or compounds, and the casks or packages containing the same, shall be forfeited and sold. The proceeds of such sale shall go to the state.
Source.
1873, 44:2. GL 122:31. 1879, 57:24. PS 126:26. PL 162:26. RL 193:26. RSA 339:26. 1973, 528:234, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:27 - False Name.

339:27 False Name. –
Any person who shall keep, sell, or offer for sale naphtha under any false or assumed name shall for each offense be liable to the penalties and subject to the liabilities set forth in RSA 339:26.
Source.
1873, 44:4. GL 122:33. PS 126:28. PL 162:28. RL 193:27.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:28 - Search.

339:28 Search. –
Upon complaint made to a municipal court, or to a justice of the peace, by the mayor or an alderman of any city, or by a selectman of any town, or by an inspector appointed under the provisions of this chapter, or by an engineer of a fire department, fireward, chief of police or city marshal, that he has probable cause to suspect, and does suspect, that any of the articles enumerated in this subdivision are offered for sale, or are deposited and kept within the limits of the city or town, contrary to the provisions hereof, the court or justice may issue a warrant directed to any such officer, or to any sheriff, deputy sheriff, constable or police officer, ordering him to enter any shop, warehouse, manufactory or other building specified in the warrant to make diligent search for such articles, and to make return of his doings to the court or justice forthwith.
Source.
1873, 44:7. GL 122:36. PS 126:32. PL 162:32. RL 193:31.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:29 - Special Permits.

339:29 Special Permits. –
Such articles when kept for sale shall not be allowed to remain in any street, lane, alley or traveled way, or upon any wharf, or in any yard, or on the grounds of any railroad corporation, in any city for a longer time than 24 hours, or in any town for a longer time than 48 hours, without a special permit from the mayor and aldermen of the city, or from the selectmen of the town, or from some person by them duly authorized. Any person so keeping such articles for a longer time shall be fined not more than $50.
Source.
1873, 44:8. GL 122:37. PS 126:33. PL 162:33. RL 193:32.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:30 - Inspection.

339:30 Inspection. –
No person shall sell, or keep for sale or in storage, any crude or refined petroleum, naphtha, kerosene, earth-rock, machinery or illuminating oil, in a city or town, without having the same inspected and approved by an authorized inspector. Any person violating the provisions of this section shall be punished in the manner provided in RSA 339:26.
Source.
1873, 44:9. GL 122:38. PS 126:34. PL 162:34. RL 193:33.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:31 - "Sterling."

339:31 "Sterling." –
No person shall make, sell or offer to sell or dispose of, or have in his possession with intent to sell or dispose of, any article of merchandise marked, stamped or branded with the words "sterling" or "sterling silver," or encased or enclosed in any thing in or by which the said article is packed, enclosed or otherwise prepared for sale or disposition, having thereon any engraving or printed label, stamp, imprint, mark or trademark indicating or denoting that such article is silver, sterling silver, or solid silver, unless .925 of the component parts of the metal of which the said article is manufactured are pure silver.
Source.
1895, 63:1. PL 162:35. RL 193:34.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:32 - "Coin."

339:32 "Coin." –
No person shall in any like way use the terms "coin" or "coin silver" unless .900 of the component parts of the metal of which the article is manufactured are pure silver.
Source.
1895, 63:2. PL 162:36. RL 193:35.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:33 - Penalty.

339:33 Penalty. –
Any person who violates any provision of RSA 339:31 or RSA 339:32 shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.
Source.
1895, 63:3. PL 162:37. RL 193:36. RSA 339:33. 1973, 530:48, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:35, - Repealed by 1985, 72:4, VII, eff. July 1, 1985.

339:35, 339:36. Repealed by 1985, 72:4, VII, eff. July 1, 1985. –
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:37, - Repealed by 1985, 72:4, VIII, eff. July 1, 1985.

339:37, 339:38. Repealed by 1985, 72:4, VIII, eff. July 1, 1985. –
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:39 - Appointment; Tenure.

339:39 Appointment;  Tenure. –
If at any time the governor and council shall determine that an emergency exists requiring public regulation of the supply and sale of fuel for any purpose or allocation of available supplies of electrical energy, the governor, with the advice and consent of the council, may appoint an energy administrator, who shall hold office until the governor and council shall determine that the emergency has ceased to exist.
Source.
1923, 111:3. PL 162:43. RL 193:42. RSA 339:39. 1975, 234:1, eff. Aug. 2, 1975.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:40 - Regulations.

339:40 Regulations. –
The energy administrator shall have the authority to make such rules and regulations with respect to the sale and distribution of fuel, including the fixing of prices and standards, and with respect to the allocation of available supplies of electrical energy as the public good may require. Such rules and regulations shall supersede for the time being any orders of the commissioner of agriculture, markets, and food with which the same may conflict.
Source.
1923, 111:3. PL 162:44. RL 193:43. 1950, 5, pt. 13:1. RSA 339:40. 1975, 234:2. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:41 - Investigations.

339:41 Investigations. –
He shall have authority to compel the attendance of witnesses and the production of documents, may examine the books and papers of producers of or dealers in fuel or electrical energy, and may compel the cooperation of all officers, boards, commissions and departments of the state having information that may assist him in making investigations in the discharge of his duties.
Source.
1923, 111:3. PL 162:45. RL 193:44. RSA 339:41. 1975, 234:3, eff. Aug. 2, 1975.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:42 - Assistants.

339:42 Assistants. –
He may also appoint such assistants as he may deem necessary to carry out the provisions hereof.
Source.
1923, 111:3. PL 162:46. RL 193:45.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:43 - Appeal.

339:43 Appeal. –
On appeal by any interested party, the governor and council shall hold a hearing and may modify or rescind any rule or regulation made by the energy administrator. Any party aggrieved by the decision of the governor and council with respect to any rule, regulation or ruling of the energy administrator may appeal to the supreme court which shall determine the validity of such rule, regulation or ruling.
Source.
1923, 111:3. PL 162:47. RL 193:46. RSA 339:43. 1975, 234:4, eff. Aug. 2, 1975.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:44 - Penalty.

339:44 Penalty. –
Any person who shall knowingly violate any provision of this or the preceding subdivision, or shall fail to comply with any rule or regulation of the energy administrator issued in accordance herewith, shall be guilty of a misdemeanor if a natural person or shall be guilty of a felony if any other person.
Source.
1923, 111:4. PL 162:48. RL 193:47. RSA 339:44. 1973, 528:235. 1975, 234:5, eff. Aug. 2, 1975.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:45 - Fabrics; Paper.

339:45 Fabrics;  Paper. –
No person shall sell or offer for sale or exchange any woven fabric or paper containing arsenic in any form, or any article of dress or of household use composed wholly or in part of such woven fabric or paper, or any article of dress containing arsenic; provided, that this section shall not apply to dress goods or articles of dress containing not more than
1/100 grain, nor to other material containing not more than
1/10 grain, of arsenic per square yard of the material.
Source.
1901, 27:1. PL 162:49. RL 193:48.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:46 - Penalty.

339:46 Penalty. –
Any person who violates any provision of RSA 339:45 shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.
Source.
1901, 27:1. PL 162:50. RL 193:49. RSA 339:46. 1973, 530:49, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:47 - Sales Prohibited.

339:47 Sales Prohibited. –
No person shall sell, offer for sale, deal in or supply, or have in his possession with intent to sell, offer for sale, give away, deal in or supply, any article of food or drink, or any medicinal or toilet preparation or perfume intended for human use internally or externally, which contains any wood alcohol or methyl alcohol, either crude or refined, under or by whatever name or trademark the same may be called or known.
Source.
1911, 16:1. 1915, 3:1. PL 162:51. 1933, 6:1. RL 193:50.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:48 - Warning Label; Color to be Added.

339:48 Warning Label;  Color to be Added. –
No person shall sell, offer for sale, have in possession with intent to sell, deal in, supply or give away any wood alcohol or methyl alcohol, either crude or refined, under or by whatever name the same may be called or known, or however manufactured, and whether in concentrated or dilute form, unless the container in which the same is sold, delivered, offered for sale, possessed for sale, dealt in, supplied, or given away shall bear a label or tag with the following conspicuously printed in red thereon, viz.:
(Skull and crossbones symbol)
"WARNING-Methanol is a violent poison. It cannot be taken internally without inducing blindness and general physical decay, with death resulting either soon or ultimately. Inhalation of its vapors or prolonged contact with the skin are to be avoided. Its use in any article of food, beverage or medicinal or toilet preparation for human use internally or externally is unlawful."
Provided, however, that where wood alcohol or methyl alcohol is added by the vendor direct to the radiator of an automobile, the labeling here stipulated shall not be required. But no person shall sell, offer for sale, have in possession with intent to sell, deal in, or supply any wood alcohol or methyl alcohol, offered or intended for other than industrial use, unless the said alcohol has added to it a dye, such as to impart a conspicuous color.
Source.
1915, 3:2. PL 162:52. 1933, 6:2. RL 193:51.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:49 - Denatured Alcohol; Sales as "Alcohol" Prohibited.

339:49 Denatured Alcohol;  Sales as "Alcohol" Prohibited. –
No person shall sell, offer for sale or label or advertise for sale, as "alcohol" without qualification, any fluid or solid which is not ethyl alcohol free from denaturing substances and from any other added matter; nor shall any person sell any product or preparation the label of which claims "alcohol" without qualification as an ingredient, unless such alcohol shall be exclusively ethyl alcohol; nor shall any person sell in package form any so-called completely denatured alcohol the container of which does not bear conspicuously the words "Denatured Alcohol."
Source.
1915, 3:3. PL 162:53. 1933, 6:3. RL 193:52.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:50 - Penalty.

339:50 Penalty. –
Any person who violates any provision of this subdivision shall be guilty of a misdemeanor.
Source.
1915, 3:4. PL 162:54. RL 193:53. RSA 339:50. 1973, 528:236, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:52 - Misbranding; Standards of Quality.

339:52 Misbranding;  Standards of Quality. –
No person shall manufacture for sale, keep for sale, or sell, for household use, any ammonia or any laundry type chlorinated bleaching fluid the label or package of which shall bear any false or misleading statements. Any ammonia for household use whether or not the word ammonia is qualified by "sudsy", "scented", "detergent", or any other combination of terms, shall have an ammonia content of not less than 4 percent by weight calculated as ammonia. Any laundry type chlorinated bleaching fluid shall contain not less than 2-
1/4 percent by weight of available chlorine.
Source.
1927, 8:1. RL 193:55. RSA 339:52. 1975, 356:1, eff. Aug. 6, 1975.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:53 - Enforcement.

339:53 Enforcement. –
The department of health and human services shall enforce the provisions of this subdivision and is authorized and empowered to approve such brands and labels intended for use hereunder as may be submitted to it for that purpose and as may in its judgment conform to the requirements hereof; provided that, in any prosecution hereunder, the fact that any brand or label involved in said prosecution has not been submitted to said department for approval, or if submitted has not been approved by it, shall be immaterial.
Source.
1925, 46:2. PL 162:56. RL 193:56. RSA 339:53. 1983, 291:1, I. 1995, 310:175, 181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:54 - Authority to Embargo and Condemn.

339:54 Authority to Embargo and Condemn. –
Any article found in violation of this subdivision may be subject to embargo and condemnation in accord with the provisions of RSA 146:20.
Source.
1953, 84:1, eff. April 10, 1953.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:55 - Penalty.

339:55 Penalty. –
Any person who violates any provision of this subdivision shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.
Source.
1925, 46:3. PL 162:57. RL 193:57. RSA 339:55. 1973, 530:50, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:56 - Labels; Use of Undisinfected Secondhand Materials Prohibited.

339:56 Labels;  Use of Undisinfected Secondhand Materials Prohibited. –
No person shall manufacture for purposes of sale, sell, offer or expose for sale, or have in possession with intent to sell, any mattress, pillow, cushion, muff bed, quilt, upholstered furniture or similar article having a filling of hair, down, feathers, wool, cotton, kapok or other material, unless there is plainly marked upon each such article, or upon a tag of some durable substance sewed thereon, or otherwise securely attached thereto, a statement of the kind of material used for filling in the manufacture of such article, the name of the manufacturer or vendor, and also, if the material has been previously used, the word, secondhand. Provided, that no secondhand materials, the use of which is not prohibited under RSA 339:59 and which may be deemed by the department of health and human services suitable for reuse, shall be used unless the same have been disinfected by a method or methods approved by the said department.
Source.
1925, 157:1. PL 162:58. 1941, 162:1. RL 193:58. RSA 339:56. 1983, 291:1, I. 1995, 310:175, 181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:57 - Bales, etc.

339:57 Bales, etc. –
If any such article is enclosed in a bale, box, crate or other receptacle, there shall be plainly marked upon such receptacle, or upon a durable tag securely attached thereto, a statement that the contents of the package are marked as herein required.
Source.
1925, 157:1. PL 162:59. RL 193:59.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:58 - Renovated Mattresses.

339:58 Renovated Mattresses. –
Whoever renovates or remakes any mattress shall attach a tag thereto bearing the word remade and a statement of the kind of material used for filling.
Source.
1925, 157:1. PL 162:60. RL 193:60.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:59 - Prohibited Materials.

339:59 Prohibited Materials. –
No person shall use, in the manufacture of any such article for purposes of sale, or sell, offer or expose for sale, or have in possession for the purpose of such use or for sale or for use in remaking or renovating any such article, any material which has previously been used in or about a hospital, or on or about the person of anyone having an infectious or contagious disease, nor shall any person sell, or offer or expose for sale, any such article containing materials which have been previously so used.
Source.
1925, 157:2. PL 162:61. RL 193:61.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:60 - Labeling Material.

339:60 Labeling Material. –
No person engaged in the business of selling any hair, down, feathers, wool, cotton, kapok or other materials commonly used for filling such articles, shall ship any box, crate, package or other container in which is placed any such hair or other such material unless there is attached thereto a tag containing a statement of the contents of the package together with the name of the vendor, and, if the material has been used before, with the word, secondhand. Provided, that no person shall ship, sell or use for the purposes named in this subdivision any secondhand materials, not being prohibited under RSA 339:59 and deemed by the department of health and human services suitable for reuse, which have not been disinfected by a method or methods approved by the said department.
Source.
1925, 157:3. PL 162:62. 1941, 162:2. RL 193:62. RSA 339:60. 1983, 291:1, I. 1995, 310:175, 181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:61 - False Representation.

339:61 False Representation. –
No person shall sell or offer for sale any such material which has been used before, representing the same to be new material.
Source.
1925, 157:3. PL 162:63. RL 193:63.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:62 - Penalty.

339:62 Penalty. –
Whoever violates any of the foregoing provisions of this subdivision shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1925, 157:3, 8. PL 162:64. RL 193:64. RSA 339:62. 1973, 528:237, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:63 - Removing Label.

339:63 Removing Label. –
Whoever, except a purchaser at retail, removes or effaces any marking upon any article or receptacle or any tag or label attached therein as above provided shall be guilty of a violation.
Source.
1925, 157:7. PL 162:65. RL 193:65. RSA 339:63. 1973, 531:107, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:64 - Evidence.

339:64 Evidence. –
Possession of any such article, not marked as herein provided, by any person engaged in the business of manufacturing, selling or offering the same for sale shall be prima facie evidence that such article is being manufactured, remade or renovated, or is offered or exposed for sale, in violation of the provisions of this subdivision.
Source.
1925, 157:1. PL 162:66. RL 193:66.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:65 - Duty, Police, Etc.

339:65 Duty, Police, Etc. –
Any police officer, member of any local board of health, or other town official, who has reason to believe that any provision hereof has been or is being violated shall give notice thereof to the department of health and human services.
Source.
1925, 157:6. PL 162:67. RL 193:67. RSA 339:65. 1983, 291:1, I. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:66 - Duty, Department of Health and Human Services.

339:66 Duty, Department of Health and Human Services. –
The department of health and human services, whenever there is reason to believe that any provision hereof is being violated in any factory, shop, warehouse, store or other place, shall cause an investigation of such place to be made, and for this purpose any member or duly authorized employee of said department may enter such building or other place at all reasonable times. If, upon investigation, mattresses, pillows, cushions, muff beds, quilts or similar articles, or materials for use in the manufacture, remaking or renovating of the same, shall there be found, which have been previously used in or about a hospital, or on or about the person of anyone having an infectious or contagious disease, such materials or articles, whether manufactured, remade or renovated or in process thereof, shall be marked by the department with labels bearing the word unclean in conspicuous letters, and the department, with or without notice to the owner or supposed owner, may order the removal and destruction of the said materials or articles or make such other order relating thereto as the circumstances of the case require.
Source.
1925, 157:4. PL 162:68. RL 193:68. RSA 339:66. 1983, 291:1, I. 1995, 310:175, 181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:67 - Posting Premises.

339:67 Posting Premises. –
The department of health and human services, or its duly authorized employee, whenever it is deemed necessary to safeguard the public health, may post upon any building or part thereof containing such materials or articles, or from which the same have been removed, a notice or warning of the danger of contagion or infection resulting from violation of the provisions hereof, and may continue such notice upon the said premises until the same have been properly cleaned and disinfected. Whoever removes or effaces such notice or warning except by order of the department shall be guilty of a violation.
Source.
1925, 157:5. PL 162:69. RL 193:69. RSA 339:67. 1973, 531:108. 1995, 310:175, 181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:68 - Limitation.

339:68 Limitation. –
The provisions of this subdivision, except RSA 339:66 and 339:67, shall not apply to persons who sell or offer for sale goods of the kinds herein mentioned which are owned by them and have been in good faith used by them in their own houses or hotels, or to administrators, executors, guardians or trustees in bankruptcy.
Source.
1925, 157:9. PL 162:70. RL 193:70.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:69 - Safety Information Required.

339:69 Safety Information Required. –
All dealers selling solid fuel heating appliances shall supply the purchaser with complete instructions on the safe installation and operation of the appliance. Such instructions shall include, but not be limited to, the following:
I. Safe clearance from structural members, as established by the National Fire Protection Association's pamphlet 89M, "Clearance for Heat Producing Appliances";
II. The type of fuel to be burned in the appliance;
III. Proper starting instructions;
IV. Proper storage of fuel;
V. Safe disposal of ashes; and
VI. Proper chimney maintenance.
Source.
1979, 449:1, eff. Aug. 24, 1979.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:70 - Penalty.

339:70 Penalty. –
Any person failing to comply with the provisions of this subdivision shall be guilty of a violation if a natural person or guilty of a misdemeanor if any other person.
Source.
1979, 449:1, eff. Aug. 24, 1979.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:71-339:76 - Repealed by 2007, 138:6, II, eff. Aug. 17, 2007.

339:71-339:76 Repealed by 2007, 138:6, II, eff. Aug. 17, 2007. –
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:77 - Lead Fishing Sinkers and Jigs; Sale Prohibited.

339:77 Lead Fishing Sinkers and Jigs;  Sale Prohibited. –
I. No person shall sell at retail or offer for retail sale within the state of New Hampshire a lead sinker or lead jig.
II. For purposes of this section, "sell at retail" or "retail sale" means the sale to any person in the state of New Hampshire for any purpose other than for resale, "lead sinker" means any sinker made from lead that weighs one ounce or less, "lead jig" means a lead weighted hook that weighs one ounce or less. Prohibited fishing tackle shall include lead sinkers with a total weight of one ounce or less and lead jigs with a total weight of one ounce or less, regardless of whether they are painted, coated, or covered by some other substance or by attached skirts. Lead sinkers and lead jigs shall not include lead fishing related items, including but not limited to lead core line, spinnerbaits, buzzbaits, spoons, poppers, plugs, or flies.
III. Any person who violates this section shall be guilty of a separate violation for each day of sale or offering of sale, provided that the penalty for each violation of this section shall not exceed $250.
Source.
2004, 172:2, eff. Jan. 1, 2006. 2013, 193:2, eff. June 1, 2016.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339 - Sales of Certain Articles › Section 339:78 - Definitions.

339:78 Definitions. –
In this subdivision:
I. "Consumer" means a person who purchases home heating oil, kerosene, or liquefied petroleum gas for personal, family, or household purchases.
II. "Heating fuel" means heating oil, kerosene, or liquefied petroleum gas.
III. "Heating fuel season" means a period of 12 months beginning no earlier than May 1.
Source.
2007, 376:4, eff. Sept. 1, 2007. 2014, 300:1, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-A - Labeling of Hazardous Substances › Section 339-A:1 - Prohibited Acts.

339-A: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 misbranded hazardous substance.
II. The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous substance, if such act is done while such substance is held for sale, and results in such substance being a misbranded hazardous substance.
III. The giving of a guarantee or undertaking referred to in RSA 339-A:4, which guarantee or undertaking is false, except by a person who relied upon a guarantee or undertaking to the same effect signed by, and containing the name and address of, the person residing in the state from whom he received in good faith the hazardous substance.
IV. The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by RSA 339-A:5.
V. The removal or disposal of a detained or embargoed article in violation of RSA 339-A:6.
VI. The use by any person to his own advantage, or revealing other than to the commissioner of the department of health and human services or employees of the department of health and human services, or to the courts when relevant, of any information acquired under authority of RSA 339-A:5 concerning any method of process which as a trade secret is entitled to protection.
VII. The delivery or proffered delivery, for pay or otherwise, of a hazardous substance in a reused food, drug or cosmetic container or in a container which, though not a reused container, is identifiable as a food, drug, or cosmetic container by its labeling or by other identification. The reuse of a food, drug, or cosmetic container as a container for a hazardous substance shall be deemed to be an act which results in the hazardous substance being a misbranded hazardous substance. As used in this paragraph the term "food," "drug," and "cosmetic" shall have the same meaning as defined in RSA 146:2.
Source.
1965, 77:1. 1967, 112:1. 1995, 310:181, 182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-A - Labeling of Hazardous Substances › Section 339-A:3 - Misbranded Package.

339-A:3 Misbranded Package. –
The term misbranded hazardous substance means a hazardous substance (including a toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted) intended, or packaged in a form suitable, for use in the household or by children, which substance, except as otherwise provided by or pursuant to RSA 339-A:5, fails to bear a label:
I. Which states conspicuously (a) the name and place of business of the manufacturer, packer, distributor or seller; (b) the common or usual name or the chemical name (if there be no common or usual name) of the hazardous substance or of each component which contributes substantially to its hazard, unless the commissioner by rule permits or requires the use of a generic name; (c) the signal word "DANGER" on substances which are extremely flammable, corrosive, or highly toxic; (d) the signal word "WARNING" or "Caution" on all other hazardous substances; (e) an affirmative statement of the principal hazard or hazards, such as "Flammable," "Vapor Harmful," "Causes Burns," "Absorbed Through Skin," or similar wording description of the hazard; (f) precautionary measures describing the action to be followed or avoided, except when modified by rule of the commissioner pursuant to RSA 339-A:5; (g) instructions, when necessary or appropriate, for first aid treatment; (h) the word "poison" for any hazardous substance which is defined as "highly toxic" by RSA 339-A:2, IV; (i) instructions for handling and storage of packages which require special care in handling or storage; and (j) the statement "keep out of reach of children" or its practical equivalent, or if the article is intended for use by children and is not a banned hazardous substance, adequate directions for the protection of children from the hazard.
II. On which any statements required under paragraph I of this section are located prominently and are in English language in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the label.
Source.
1965, 77:1. 1967, 112:4. 1985, 190:104. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-A - Labeling of Hazardous Substances › Section 339-A:4 - Guaranty to Dealer.

339-A:4 Guaranty to Dealer. –
No person shall be subject to the penalties of RSA 339-A:7 for having violated paragraph I of RSA 339-A:1, if the receipt, delivery, or proffered delivery of a hazardous substance was made in good faith, unless he refuses to furnish on request of the commissioner or of an employee of the department of health and human services, the name and address of the person from whom he purchased or received such hazardous substance, and copies of all records, if any there be, pertaining to the delivery of the hazardous substance to him; or if he establishes a guarantee or undertaking signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the hazardous substance, to the effect that the hazardous substance is not in misbranded packages within the meaning of the terms of the chapter.
Source.
1965, 77:1. 1995, 310:181, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-A - Labeling of Hazardous Substances › Section 339-A:5 - Enforcement; Regulations; Exemptions.

339-A:5 Enforcement;  Regulations;  Exemptions. –
I. The department of health and human services is charged with the enforcement of this chapter. All inspectors and employees of the department, upon presenting appropriate credentials, shall be permitted access, at reasonable times, to any factory, warehouse, or establishment in which hazardous substances are manufactured, processed, packed, or held for sale, or to enter any vehicle being used to transport or hold such hazardous substances for purposes of inspection for compliance with this chapter and to obtain samples, if desired, provided the value thereof is tendered to the manufacturer, distributor or vendor.
II. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
(a) Declaring any substance or mixture of substances to be a hazardous substance which he finds meets the requirements of RSA 339-A:2, II(a).
(b) Establishing such reasonable variations or additional label requirements as may be found necessary for the protection of the public health and safety. Any such hazardous substance intended, or packaged in a form suitable, for use in the household or by children, which fails to bear a label in accordance with such rules shall be deemed to be a misbranded hazardous substance.
(c) Flammability under RSA 339-A:2, IX.
(d) Labeling requirements under RSA 339-A:3.
(e) Exemptions under RSA 339-A:5, III.
(f) All regulations relating to hazardous substances promulgated under the federal act.
(g) A schedule of administrative fines which may be imposed under RSA 339-A:7-a for violation of this chapter or the rules adopted pursuant to it.
(h) Procedures for notice and hearing prior to the imposition of an administrative fine imposed under RSA 339-A:7-a.
III. If the commissioner finds that because of the size of the package involved or because of the minor hazard presented by the substance contained therein, or for other good and sufficient reasons, failure to comply with the labeling requirements otherwise applicable under this chapter is impracticable or is not necessary for the adequate protection of the public health and safety, the commissioner may adopt rules exempting such substance from the requirements to the extent he determines to be consistent with adequate protection to the public health. The commissioner may exempt from the requirements established by or pursuant to this chapter any hazardous substance or any container of a hazardous substance with respect to which he finds that adequate requirements satisfying the purposes of this chapter have been established by or pursuant to any other state law or rules adopted under such law.
Source.
1965, 77:1. 1967, 112:5, 6. 1983, 291:1, I. 1985, 190:105, 106. 1991, 355:51. 1995, 310:161, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-A - Labeling of Hazardous Substances › Section 339-A:6 - Authority to Embargo and Condemn.

339-A:6 Authority to Embargo and Condemn. –
Any misbranded hazardous substance found in violation of this chapter may be subject to embargo and condemnation in accord with the provisions of RSA 146:20.
Source.
1965, 77:1. 1967, 112:7, eff. July 15, 1967.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-A - Labeling of Hazardous Substances › Section 339-A:7 - Penalty.

339-A:7 Penalty. –
Whoever violates any of the provisions of RSA 339-A or any regulations promulgated hereunder shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1965, 77:1. 1973, 528:238, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-A - Labeling of Hazardous Substances › Section 339-A:7-a - Administrative Fines.

339-A:7-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. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The commissioner shall adopt rules in accordance with RSA 541-A relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the general fund.
Source.
1991, 355:52. 1995, 310:182, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-A - Labeling of Hazardous Substances › Section 339-A:8 - Urea-formaldehyde Foam Insulation.

339-A:8 Urea-formaldehyde Foam Insulation. –
No person may manufacture or offer for sale in this state urea-formaldehyde foam insulation or a new home or new manufactured housing containing urea-formaldehyde foam insulation.
Source.
1983, 397:1. 1987, 147:1, eff. July 10, 1987.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-A - Labeling of Hazardous Substances › Section 339-A:9 - Sales Prohibited.

339-A:9 Sales Prohibited. –
No person shall manufacture or offer for sale any particle board or fiber board or housing unit or manufactured housing constructed of particle board, fiber board, or any similar construction material, containing urea-formaldehyde resin, without a written cautionary statement to the purchaser as set forth in RSA 339-A:10.
Source.
1983, 397:2. 1987, 147:2, eff. July 10, 1987.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-A - Labeling of Hazardous Substances › Section 339-A:10 - Cautionary Statement.

339-A:10 Cautionary Statement. –
The cautionary statement provided for in RSA 339-A:9 shall be printed in at least 10 point book face sans serif type and shall appear in all respects in the following form:
STATEMENT OF PRODUCT DISCLOSURE
THE PRODUCT (OR HOUSING UNIT) CONTAINS UREA-FORMALDEHYDE RESIN. FOR SOME PEOPLE UREA-FORMALDEHYDE MAY CAUSE HEALTH PROBLEMS SUCH AS IRRITATION OF THE EYES, NOSE, AND THROAT; COUGHING, HEADACHES, SHORTNESS OF BREATH, OR CHEST OR STOMACH PAINS. CHILDREN UNDER 2 YEARS OF AGE, ELDERLY PERSONS WITH BREATHING PROBLEMS OR PERSONS WITH ALLERGIES MAY HAVE MORE SERIOUS DIFFICULTIES. IF YOU HAVE A QUESTION ABOUT PROBLEMS YOU MAY HAVE WITH UREA-FORMALDEHYDE, CONSULT A DOCTOR.
Source.
1983, 397:2, eff. Jan. 1, 1984.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-A - Labeling of Hazardous Substances › Section 339-A:11 - Display of Statement.

339-A:11 Display of Statement. –
I. A seller or manufacturer shall incorporate the cautionary statement required by RSA 339-A:9 in a contract for sale with the purchaser. The cautionary statement shall appear in the contract immediately preceding the place in the contract for the purchaser's signature.
II. If a contract for sale does not exist, the statement shall be printed on a label containing no other written material and attached to the fiber board, particle board or other similar construction material, or housing unit or manufactured housing containing urea-formaldehyde resin.
Source.
1983, 397:2. 1987, 147:3, eff. July 10, 1987.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-B - Sale of Liquid Fuels › Section 339-B:1 - Deception Prohibited.

339-B:1 Deception Prohibited. –
No person shall store, sell, offer or expose for sale any liquid fuels, lubricating oils, greases or other similar products in any manner whatsoever which may deceive, tend to deceive or has the effect of deceiving the purchaser of said products as to the nature, quality or quantity of the products so sold, exposed or offered for sale.
Source.
1971, 404:1, eff. Aug. 28, 1971.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-B - Sale of Liquid Fuels › Section 339-B:2 - Used Lubricants.

339-B:2 Used Lubricants. –
A person may store, sell, or offer for sale any lubricating oil composed in whole or in part of previously used lubricating oil if:
I. The containers of the reclaimed, recleaned or reconditioned previously used lubricating oil, lubricants or mixtures of lubricants be plainly labeled, showing that the content thereof, is a previously used product.
II. No representation is made that lubricating oil is new or unused.
III. It is disclosed clearly and conspicuously that the lubricating oil has been previously used, in all advertising, sales promotional material and on each front or face panel of the container. The front or face panel means the part of the container on which the brand name is usually featured and which is customarily exposed to the view of prospective purchasers when displayed at point of retail sales. The term "re-refined," or any other word or term of similar import, to describe previously used lubricating oil shall not be used unless the physical and chemical contaminants acquired through previous use have been removed by a refining process.
Source.
1971, 404:1, eff. Aug. 28, 1971.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-B - Sale of Liquid Fuels › Section 339-B:2-a - Mixture of Used and Virgin Oil.

339-B:2-a Mixture of Used and Virgin Oil. –
To encourage the recycling of waste oil, a person may store or sell a mixture that consists of at least 90 percent virgin no. 6 oil and the remainder complying with the used fuel oil specifications in 40 CFR, section 279.11, table 1.
Source.
1995, 192:2, eff. Aug. 11, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-B - Sale of Liquid Fuels › Section 339-B:3 - Proper Trade Name Required.

339-B:3 Proper Trade Name Required. –
No person shall keep, expose or offer for sale, or sell any liquid fuels, lubricating oils, greases or other similar products from any container, tank, pump, or other distributing device, other than those manufactured or distributed by the manufacturer or distributor indicated by the name, trademark, symbol, sign or other distinguishing mark or device appearing upon said container, tank, pump, or other distributing device in which such products are sold, exposed or offered for sale or distributed.
Source.
1971, 404:1, eff. Aug. 28, 1971.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-B - Sale of Liquid Fuels › Section 339-B:4 - Imitating Trade Names.

339-B:4 Imitating Trade Names. –
It is unlawful for any person to disguise or camouflage his own equipment by imitating the design, symbol, trade name, or the equipment under which recognized brands of liquid fuels, lubricating oils, and similar products are generally marketed.
Source.
1971, 404:1, eff. Aug. 28, 1971.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-B - Sale of Liquid Fuels › Section 339-B:5 - Using Trademark of Another.

339-B:5 Using Trademark of Another. –
No person shall expose or offer for sale or sell under any trademark, trade name, or name or other distinguishing mark, any liquid fuels, lubricating oils, greases, or other similar products, other than those manufactured or distributed by the manufacturer or distributor marketing such products under such trade name, trademark, or name or other distinguishing mark.
Source.
1971, 404:1, eff. Aug. 28, 1971.