reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-F - Reduced Cigarette Ignition Propensity › Section 339-F:6 - Certification.

339-F:6 Certification. –
I. Each manufacturer shall submit a written certification attesting that each cigarette listed in the certification has been tested in accordance with RSA 339-F:3 and meets the performance standard set forth in RSA 339-F:4.
II. Each cigarette listed in the certification shall be described with the following information:
(a) Brand (i.e., the trade name on the package).
(b) Style (i.e., light, ultra light).
(c) Length in millimeters.
(d) Circumference in millimeters.
(e) Flavor (i.e., menthol, chocolate), if applicable.
(f) Filter or non-filter.
(g) Package description (i.e., soft pack, box).
(h) Marking approved in accordance with RSA 339-F:8.
III. Each cigarette certified under this section shall be re-certified every 3 years.
IV. If a manufacturer has certified a cigarette pursuant to paragraph II, and thereafter makes any change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standard under RSA 339-F:3, such cigarette shall not be sold or offered for sale in this state until the manufacturer retests the cigarette in accordance with the testing standards in RSA 339-F:3 and maintains records of the retesting as required by RSA 339:F-5. Any altered cigarette that does not meet the performance standard in RSA 339-F:4 shall not be sold in this state.
V. For each cigarette listed for certification a manufacturer shall pay a fee of $250 to the department of safety for deposit in the fire standards and training and emergency medical services fund established in RSA 21-P:12-d for the purpose of providing fire safety education pursuant to RSA 153:10-c.
VI. For each cigarette re-certified under this chapter a manufacturer shall pay a fee of $250 to the department of safety for deposit in the fire standards and training and emergency medical services fund established in RSA 21-P:12-d for the purpose of providing fire safety education pursuant to RSA 153:10-c.
VII. The state fire marshal shall submit an annual report by December 31 relative to certification of reduced ignition propensity cigarettes to the standing committees in the house of representatives and the senate with jurisdiction over matters pertaining to health and human services and ways and means.
Source.
2006, 195:1, eff. Oct. 1, 2007. 2009, 122:1, eff. Jan. 1, 2010; 144:176, eff. July 1, 2009.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-F - Reduced Cigarette Ignition Propensity › Section 339-F:7 - Notification of Certification.

339-F:7 Notification of Certification. –
Manufacturers certifying cigarettes in accordance with RSA 339-F:6 shall provide a copy of such certifications to all wholesalers and agents to which they sell cigarettes and also shall provide sufficient copies of an illustration of the cigarette packaging marking utilized by the manufacturer pursuant to RSA 339-F:8 for each retailer to which the wholesalers and agents sell cigarettes. Wholesalers and agents shall provide a copy of these cigarette packaging markings received from manufacturers to all retailers to which they sell cigarettes. Wholesalers and agents shall permit the commissioner or the commissioner's designee to inspect markings of cigarette packaging marked in accordance with RSA 339-F:8. Retailers shall permit the commissioner, the commissioner's designee, any law enforcement official, or any fire chief or fire chief's designee, to inspect markings of cigarette packaging marked in accordance with RSA 339-F:8.
Source.
2006, 195:1, eff. Oct. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-F - Reduced Cigarette Ignition Propensity › Section 339-F:8 - Marking of Cigarette Packaging.

339-F:8 Marking of Cigarette Packaging. –
I. Cigarettes which have been certified by a manufacturer in accordance with RSA 339-F:6 shall be marked to indicate compliance with the requirements of this chapter. Such marking shall be in 8 point type or larger and consist of:
(a) Modification of the UPC to include a visible mark printed at or around the area of the UPC. Such mark may consist of alphanumeric or symbolic character permanently stamped, engraved, embossed, or printed in conjunction with the UPC;
(b) Any visible combination of alphanumeric or symbolic character permanently stamped, engraved, or embossed upon the cigarette package or cellophane wrap; or
(c) Printed, stamped, engraved, or embossed text that indicates that the cigarettes meet the standards of this chapter.
II. A manufacturer shall use only one marking, and shall apply this marking uniformly for all packages, including but not limited to packs, cartons, and cases, and brands marketed by that manufacturer.
III. The manufacturer shall notify the commissioner of the selected marking.
IV. Prior to the certification of any cigarette, a manufacturer shall present its proposed marking to the commissioner for approval. Upon receipt of the request, the commissioner shall approve or disapprove the marking offered. A marking in use and approved for the sale of cigarettes in the state of New York shall be deemed approved. Proposed markings shall be deemed approved if the commissioner fails to act within 10 business days of receiving a request for approval.
V. No manufacturer shall modify its approved marking unless the modification has been approved by the commissioner in accordance with this section.
Source.
2006, 195:1, eff. Oct. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-F - Reduced Cigarette Ignition Propensity › Section 339-F:9 - Penalties.

339-F:9 Penalties. –
I. Any wholesaler, agent, or other person or entity who knowingly sells cigarettes wholesale in violation of RSA 339-F:2, I(c) shall be subject to a civil penalty not to exceed $10,000 for each sale. Any retailer who knowingly sells cigarettes in violation of RSA 339-F:2 shall be subject to the following:
(a) A civil penalty not to exceed $500 for each sale or offer for sale of such cigarettes if the total number of cigarettes sold or offered for sale in such sale does not exceed 1,000 cigarettes.
(b) A civil penalty not to exceed $1,000 for each sale or offer for sale of such cigarettes if the total number of cigarettes sold or offered for sale in such sale exceeds 1,000 cigarettes.
II. In addition to any penalty prescribed by law, any corporation, partnership, sole proprietor, limited partnership or association engaged in the manufacture of cigarettes that knowingly makes a false certification pursuant to RSA 339-F:6 shall be subject to a civil penalty not to exceed $10,000 for each such false certification.
III. Notwithstanding RSA 617, any cigarette sold, offered for sale, or possessed for sale in this state, in violation of RSA 339-F:2 shall be contraband under RSA 78:18 and shall be subject to seizure and forfeiture. All cigarettes seized and forfeited shall be destroyed and not resold.
Source.
2006, 195:1, eff. Oct. 1, 2007. 2019, 178:6, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-F - Reduced Cigarette Ignition Propensity › Section 339-F:10 - Enforcement.

339-F:10 Enforcement. –
To enforce the provisions of this chapter, the department of justice may bring an action on behalf of the people of this state to enjoin acts in violation of this chapter and to recover civil penalties authorized under RSA 339-F:9.
Source.
2006, 195:1, eff. Oct. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-G - Minimum Energy Efficiency Standards for Certain Products › Section 339-G:1 - Definitions.

339-G:1 Definitions. –
In this chapter:
I. "Bottle-type water dispenser" means a water dispenser that uses a bottle or reservoir as the source of potable water.
II. "Department" means the department of energy.
III. "Commercial hot food holding cabinet" means a heated, fully-enclosed compartment with one or more solid or glass doors that are designed to maintain the temperature of hot food that has been cooked in a separate appliance. "Commercial hot food holding cabinet" does not include heated glass merchandizing cabinets, drawer warmers, or cook-and-hold appliances.
IV. "Electricity ratio" means the ratio of furnace electricity use to total furnace energy use. Electricity ratio = (3.412*E
AE
)/(1000*E
F
+ 3.412*E
AE
) where E
AE
(average annual auxiliary electrical consumption) and E
F
(average annual fuel energy consumption) are defined in Appendix N to subpart B of part 430 of title 10 of the Code of Federal Regulations and E
F
is expressed in millions of BTUs per year.
V. "Residential furnace" means a self-contained space heater designed to supply heated air through ducts of more than 10 inches length and which utilizes only single-phase electric current, or single-phase electric current or DC current in conjunction with natural gas, propane, or home heating oil, and which:
(a) Is designed to be the principle heating source for the living space of one or more residences;
(b) Is not contained within the same cabinet with a central air conditioner whose rated cooling capacity is above 65,000 BTU per hour; and
(c) Has a heat input rate of less than 225,000 BTU per hour.
VI. "Water dispenser" means a factory-made assembly that mechanically cools and heats potable water and that dispenses the cooled or heated water by integral or remote means.
Source.
2008, 310:1, eff. Jan. 1, 2009. 2021, 91:229, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-G - Minimum Energy Efficiency Standards for Certain Products › Section 339-G:2 - Applicability.

339-G:2 Applicability. –
I. The provisions of this chapter apply to the testing, certification, and enforcement of efficiency standards for the following types of new products sold, offered for sale, or installed in the state:
(a) Bottle-type water dispensers;
(b) Commercial hot food holding cabinets; and
(c) Residential furnaces.
II. The provisions of this chapter do not apply to:
(a) New products manufactured in the state and sold outside the state;
(b) New products manufactured outside the state and sold at wholesale inside the state for final retail sale and installation outside the state;
(c) Products installed in mobile manufactured homes at the time of construction;
(d) Products designed expressly for installation and use in recreational vehicles; or
(e) Residential furnaces that use natural gas or propane and that are installed as replacements for previously installed furnaces.
Source.
2008, 310:1, eff. Jan. 1, 2009.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-G - Minimum Energy Efficiency Standards for Certain Products › Section 339-G:3 - Minimum Energy Efficiency Standards.

339-G:3 Minimum Energy Efficiency Standards. –
I. Bottle-type water dispensers designed for dispensing both hot and cold water shall not have standby energy consumption greater than 1.2 kilowatt hours per day, as measured in accordance with the test criteria contained in Version 1.1 of the United States Environmental Protection Agency's "ENERGY STAR Program Requirements for Bottled Water Coolers," except that units with an integral, automatic timer shall not be tested using Section D, "Timer Usage," of the test criteria.
II. Commercial hot food holding cabinets shall have a maximum idle energy rate of 40 watts per cubic foot of interior volume, as determined by the "idle energy rate-dry test" in ASTM F2140-01, "Standard Test Method for Performance of Hot Food Holding Cabinets" published by ASTM International. Interior volume shall be measured in accordance with the method shown in the United States Environmental Protection Agency's "ENERGY STAR Program Requirements for Commercial Hot Food Holding Cabinets" as in effect on August 15, 2003.
III. (a) Residential furnaces shall comply with the following Annual Fuel Utilization Efficiency (AFUE), and electricity ratio:
Product Type
Minimum
Maximum electricity
AFUE
Ratio
Natural gas- and propane-
90 percent
2.0 percent
fired furnaces
(b) The department may adopt rules to exempt compliance with the residential furnace AFUE standards at any building, site or location where complying with the standards would be in conflict with any local zoning ordinance, building or plumbing code, or other rule regarding installation and venting of residential furnaces.
Source.
2008, 310:1, eff. Jan. 1, 2009. 2021, 91:230, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-G - Minimum Energy Efficiency Standards for Certain Products › Section 339-G:4 - Sale and Installation of Products.

339-G:4 Sale and Installation of Products. –
I. After December 31, 2008, no new bottle-type water dispenser or commercial hot food holding cabinet shall be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the efficiency standards in RSA 339-G:3. After December 31, 2009 no new bottle-type water dispenser or commercial hot food holding cabinet shall be installed in the state unless the energy efficiency of the new product meets or exceeds the efficiency standards in RSA 339-G:3.
II. Within 6 months after the effective date of this section, the department, in consultation with the attorney general, shall determine if implementation of state standards for residential furnaces requires a waiver from federal preemption. The department shall make separate determinations for each part of the state standards including minimum Annual Fuel Utilization Efficiency (AFUE), maximum electricity ratio, and any prescriptive requirements. If the department determines that a waiver from federal preemption is not needed for any part, then after December 31, 2008, or the date which is one year after the date of said determination, if later, no new residential furnace may be sold or offered for sale in the state unless the efficiency of the new product meets or exceeds the applicable non-preempted part of the efficiency standards in RSA 339-G:3. If the department determines that a waiver from federal preemption is required for all or part of the state standards, then the department shall apply for such waiver within one year of such determination and upon approval of such waiver application, the applicable state standards shall go into effect at the earliest date permitted by federal law. The department shall certify any determinations and approvals under this paragraph to the secretary of state and the director of the office of legislative services.
Source.
2008, 310:1, eff. Jan. 1, 2009. 2021, 91:230, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-G - Minimum Energy Efficiency Standards for Certain Products › Section 339-G:5 - Modified and Additional Standards.

339-G:5 Modified and Additional Standards. –
The department may establish more stringent efficiency standards for the products listed in RSA 339-G:2, I. Every 2 years, the department shall propose to the general court new efficiency standards for products not listed in RSA 339-G:2, I. Standards proposed by the department shall promote energy conservation in the state and be lifecycle cost-effective for consumers who purchase and use the products. The department may apply for a waiver from preemption in accordance with federal procedures for those products regulated by the federal government. The department may adopt rules, pursuant to RSA 541-A, necessary to implement the provisions of this section.
Source.
2008, 310:1, eff. Jan. 1, 2009. 2021, 91:230, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-G - Minimum Energy Efficiency Standards for Certain Products › Section 339-G:6 - Testing.

339-G:6 Testing. –
The manufacturers of products listed in RSA 339-G:2, I shall test samples of their products in accordance with the test procedures established in this chapter or those specified in the state building code as defined in RSA 155-A. The department shall adopt by rule test procedures for determining the energy efficiency of the products listed in RSA 339-G:2, I if such procedures are not provided for in RSA 339-G:3 or in the state building code. The department shall adopt United States Department of Energy approved test methods, or in the absence of such test methods, other appropriate nationally-recognized test methods. The department may adopt updated test methods when new versions of test procedures become available.
Source.
2008, 310:1, eff. Jan. 1, 2009. 2021, 91:230, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-G - Minimum Energy Efficiency Standards for Certain Products › Section 339-G:7 - Certification and Identification.

339-G:7 Certification and Identification. –
I. Manufacturers of new products listed in RSA 339-G:2, I shall certify to the department that such products are in compliance with the provisions of this chapter. Such certifications shall be based on test results. The department shall adopt rules, pursuant to RSA 541-A, governing the certification of such products and may coordinate with the certification programs of other states with similar standards.
II. Manufacturers of new products listed in RSA 339-G:2, I shall identify each product offered for sale or installation in the state as in compliance with the provisions of this chapter by means of a mark, label, or tag on the product and packaging at the time of sale or installation. The department shall adopt rules, pursuant to RSA 541-A, governing the identification of such products and packaging, which shall be coordinated to the greatest practical extent with the labeling programs of other states and federal agencies with equivalent efficiency standards. The department shall allow the use of existing marks, labels, or tags which connote compliance with the efficiency requirements of this chapter.
Source.
2008, 310:1, eff. Jan. 1, 2009. 2021, 91:230, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-G - Minimum Energy Efficiency Standards for Certain Products › Section 339-G:8 - Inspections.

339-G:8 Inspections. –
With prior notice and at reasonable and convenient hours, the department may cause periodic inspections to be made of distributors or retailers of new products listed in RSA 339-G:2, I in order to determine compliance with the provisions of this chapter. The department shall also coordinate with local enforcement agencies regarding inspections prior to occupancy of newly constructed buildings containing new products that are also covered by the state building code.
Source.
2008, 310:1, eff. Jan. 1, 2009. 2021, 91:230, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-G - Minimum Energy Efficiency Standards for Certain Products › Section 339-G:9 - Enforcement; Penalties.

339-G:9 Enforcement;  Penalties. –
The department shall cause investigations to be made of complaints received concerning violations of this chapter and shall report the results of such investigations to the attorney general. The attorney general may institute proceedings to enforce the provisions of this chapter. Any manufacturer, distributor, or retailer who violates any provision of this chapter shall be issued a warning by the department for any first violation. Repeat violations shall be subject to a civil penalty of not more than $250. Each violation of this chapter shall constitute a separate offense, and each day that such violation continues shall constitute a separate offense.
Source.
2008, 310:1, eff. Jan. 1, 2009. 2021, 91:230, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 340 - Bulky Articles › Section 340:3 - Memorandum; Record.

340:3 Memorandum;  Record. –
Constructive notice may be given of a sale of grain, threshed or unthreshed, straw, corn-fodder, hay, flax, potatoes, leaf tobacco, lumber, bark, wood or other fuel, bricks, stones, lime, gypsum, ore, manufacturing or other machinery, or hides in the process of tanning, by written memorandum signed by the vendor and vendee describing the property, its location and the consideration of such sale, and containing an affidavit as provided in RSA 340:4, and causing the same to be filed in the office of the secretary of state or in the registry of deeds, as the case may be, where filing is required to perfect a security interest in such goods under RSA 382-A:9-501.
Source.
1895, 22:1. PL 216:39. RL 262:45. RSA 340:3. 1959, 247:2. 2001, 102:31, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 340 - Bulky Articles › Section 340:4 - Affidavit.

340:4 Affidavit. –
Such vendor and vendee shall make and subscribe an affidavit in substance as follows: We severally swear that the foregoing memorandum is made for the purpose of witnessing the sale and the consideration therefor, and for no other purpose whatever; that the amount therein stated is the true consideration, and has been actually paid by the vendee to the vendor as specified in said memorandum; and that said sale was not made for the purpose of enabling the parties to execute said memorandum, but was an honest transaction entered into in good faith between said parties.
Source.
1895, 22:2. PL 216:40. RL 262:46.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 348 - Bonded Warehouses › Section 348:1 - Licenses.

348:1 Licenses. –
Any person, firm or corporation having a place of business within the state, who keeps and maintains for hire a warehouse for the storage of goods, wares, and merchandise of persons, firms or corporations, shall be a public warehouseman. A public warehouseman shall obtain an annual license from the secretary of state. The fee for such license shall be $50. Whoever violates any provision of this section shall be guilty of a misdemeanor.
Source.
1917, 182:1. PL 169:1. 1937, 90:1, 2. RL 205:1. 1949, 265:15. 1951, 99:1. RSA 348:1. 1973, 528:241, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 348 - Bonded Warehouses › Section 348:2 - Bond.

348:2 Bond. –
He shall give bond to the state for the faithful performance of his duties, in an amount and with sureties to be approved by the governor, and may appoint one or more deputies, for whose acts he shall be responsible.
Source.
1917, 182:1. PL 169:2. RL 205:2.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 348 - Bonded Warehouses › Section 348:3 - Suit on Bond.

348:3 Suit on Bond. –
Whoever is injured by the failure of a public warehouseman to perform his duty, or by his violation of any of the provisions of this chapter, may bring an action for his own benefit, in the name of the state, on the bond of such warehouseman. The writ shall be indorsed by the person in whose behalf such action is brought, or by some other person satisfactory to the court; and the indorser shall be liable to the defendant for any costs which he may recover in such action, but the state shall not be liable for costs.
Source.
1917, 182:2. PL 169:3. RL 205:3.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 348 - Bonded Warehouses › Section 348:4 - Insurance.

348:4 Insurance. –
Such warehouseman shall, upon request in writing by a party placing property with him for storage, cause such property to be insured for whom it may concern.
Source.
1917, 182:3. PL 169:4. RL 205:4.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 348 - Bonded Warehouses › Section 348:5 - Warehouse Receipts.

348:5 Warehouse Receipts. –
Every such warehouseman shall give to each person who deposits property with him for storage a receipt therefor, which shall be negotiable in form, shall describe the property, shall state distinctly the brands or distinguishing marks thereon, the rate of charges for storing it and the amount and rate of insurance thereon, and, if it is grain, the quantity and inspected grade thereof; or, upon request, he shall give a similar receipt, non-negotiable in form, which shall have the words "Not Negotiable" plainly written, printed or stamped upon the face thereof.
Source.
1917, 182:4. PL 169:5. RL 205:5.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 348 - Bonded Warehouses › Section 348:6 - Transfer of Title.

348:6 Transfer of Title. –
The title to property which is stored in a public warehouse under a warehouseman's receipt therefor shall pass to a purchaser or pledgee as provided in RSA 382-A.
Source.
1917, 182:5. PL 169:6. RL 205:6. RSA 348:6. 1959, 247:2, eff. July 1, 1961.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 348 - Bonded Warehouses › Section 348:8 - Records.

348:8 Records. –
Such warehouseman shall keep books in which shall be entered an account of all his transactions relative to the storing and insuring of goods, wares and merchandise, the issuing of receipts therefor and the disposition of proceeds of sales thereof under the provisions of this chapter. Such books shall be open to the inspection of any person interested in the property to which the entries relate.
Source.
1917, 182:7. PL 169:8. RL 205:8.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 348 - Bonded Warehouses › Section 348:9 - Notice of License and Qualification.

348:9 Notice of License and Qualification. –
The secretary of state shall, at the expense of each warehouseman, give notice of his license and qualification, of the amount of the bond given by him, and also of the discontinuance of his license, by publishing the same for not less than 10 days in one or more newspapers, if any, published in the county or town in which the warehouse is located; otherwise, in one or more newspapers published statewide.
Source.
1917, 182:8. PL 169:9. RL 205:9. RSA 348:9. 1991, 254:6, eff. Aug. 9, 1991.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 348 - Bonded Warehouses › Section 348:12 - Proceeds of Sale.

348:12 Proceeds of Sale. –
If a warehouseman, pursuant to a sale under RSA 382-A:7-210, holds an unclaimed balance of proceeds for the person to whom he would be bound to deliver the goods, such proceeds shall be held subject to the provisions of RSA 471-C.
Source.
1917, 182:9. PL 169:12. RL 205:12. RSA 348:12. 1959, 247:2. 1965, 214:3. 1988, 256:5, eff. June 29, 1988.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 348 - Bonded Warehouses › Section 348:13 - to 348:19. Repealed by 1959, 247:2, eff. July 1, 1961.

348:13 to 348:19. Repealed by 1959, 247:2, eff. July 1, 1961. –
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 348 - Bonded Warehouses › Section 348:20 - Fraud in Selling.

348:20 Fraud in Selling. –
No person shall, with intent to injure or defraud, unlawfully sell, pledge, lend or in any other way dispose of, or permit or be a party to the unlawful selling, pledging, lending or other disposition of, any property stored in a public warehouse, without the authority of the person in whose name the same is stored.
Source.
1917, 182:14. PL 169:20. RL 205:20.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 348 - Bonded Warehouses › Section 348:21 - False Receipt.

348:21 False Receipt. –
No person shall falsely make, utter, forge or counterfeit, or permit or be a party to the false making, uttering, forging or counterfeiting of, a warehouse receipt, certificate or other instrument, or of the signature of a warehouseman, or of an indorser or other person, to an instrument used to pass or to give title to property stored in a public warehouse.
Source.
1917, 182:15. PL 169:21. RL 205:21.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 348 - Bonded Warehouses › Section 348:22 - Attached Property.

348:22 Attached Property. –
No person, knowing that his interest in the property described in a warehouseman's receipt has been attached, shall indorse, assign or otherwise dispose of such receipt without disclosing such attachment to the person to whom such receipt is indorsed, assigned or disposed of.
Source.
1917, 182:16. PL 169:22. RL 205:22.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 348 - Bonded Warehouses › Section 348:23 - Penalty.

348:23 Penalty. –
Whoever violates any provision of this subdivision shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person.
Source.
1917, 182:14, 15, 16. PL 169:23. RL 205:23. RSA 348:23. 1973, 528:242, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 349 - Trade Names › Section 349:2 - Withdrawal or Addition of Partner; Discontinuance of Business.

349:2 Withdrawal or Addition of Partner;  Discontinuance of Business. –
Whenever any member of such partnership or association withdraws therefrom, the partnership or association shall, within 10 days, file in the office of the secretary of state a certificate signed by all members, including the withdrawing member, setting forth the fact of such withdrawal, together with the date thereof. Whenever a new member is added to such a partnership or association or joins a sole proprietorship holding a registered trade name, the new member and previous member or members shall, within 10 days, file in the office of the secretary of state a certificate signed by all members, including the new member, setting forth the facts of such addition, together with the date thereof. If any person, partnership or association to whom the provisions of this chapter apply shall cease to do business, a certificate setting forth such fact and the date of such discontinuance shall be filed with the secretary of state within 30 days thereafter. Such certificate shall be signed by the members of such partnership or association, or by any sole proprietor, or by his or their executors or administrators.
Source.
1919, 57:2, 3. PL 155:2, 4. RL 186:2, 4. RSA 349:3, 5. 1955, 284:1 par. 2. 1985, 339:11. 1987, 393:9, eff. July 25, 1987.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 349 - Trade Names › Section 349:3 - Evidence.

349:3 Evidence. –
Until a certificate as specified in RSA 349:2 is filed, such failure to file shall be prima facie evidence that withdrawal or addition of a partner or discontinuance of partnership has not occurred.
Source.
1919, 57:2. PL 155:3. RL 186:3. RSA 349:4. 1955, 284:1 par. 3. 1985, 339:12, eff. June 14, 1985.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 349 - Trade Names › Section 349:4 - Nonjoinder as Defendant.

349:4 Nonjoinder as Defendant. –
No action commenced against any such person, partnership or association or any member thereof, upon any cause of action growing out of their affairs, transactions or business, shall be abated, nor shall any attachment made upon the writ in such action be affected, by reason of the nonjoinder of any member of such partnership or association or individual, who has not been included in such certificates.
Source.
GS 106:2. GL 117:2. PS 121:2. 1919, 57:6. PL 155:9. RL 186:9. RSA 349:10. 1955, 284:1 par. 4, eff. July 1, 1955.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 349 - Trade Names › Section 349:5 - Registration; Procedure.

349:5 Registration;  Procedure. –
Every person, proprietorship, partnership, or association, as defined in RSA 349:1, engaged in the conduct of any business, enterprise, venture, or activity within the state of New Hampshire under a trade name, firm, or style shall, subject to the limitations hereinafter set forth, file in the office of the secretary of state a certificate signed by such person, proprietorship, or by the members of such partnership or association stating the name under which the business is to be conducted, the principal place of said business, and a brief description of the kind of business to be carried on with the names and addresses of the principal parties engaged therein. Said registration shall further state the date of organization of said business.
Source.
GS 106:1. GL 117:1. PS 121:1. 1919, 57:1. PL 155:1. RL 186:1. RSA 349:1. 1955, 284:1 par. 5. 1987, 393:10. 2004, 248:61, eff. July 1, 2004.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 349 - Trade Names › Section 349:6 - Effect of Registration.

349:6 Effect of Registration. –
Registration in accordance with the requirements of RSA 349:5 and the reservation of the name, firm or style thereby accomplished shall be effective upon filing and continue in force and effect upon payment of the requisite fees as provided in RSA 349:7 for a period of 5 years after said date of filing in the absence of earlier withdrawal or discontinuance, notice of which shall be given in accordance with the provisions of RSA 349:2.
Source.
1955, 284:1 par. 6. 1985, 339:13, eff. June 14, 1985.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 349 - Trade Names › Section 349:7 - Record; Fees.

349:7 Record;  Fees. –
There shall be paid to the secretary of state for filing of registration and issuance of certificate of registration a fee of $50. Upon payment of said fee, the secretary of state shall deliver to the person filing and registering such trade name a certificate of registration under his signature and state seal showing the name and address of the person or persons claiming ownership of the trade name, the nature of the business thereby reserved and described and a receipt for the payment of said fee. The fee for renewal of any registration shall be $50. The fee for notice of discontinuance, addition, or withdrawal shall be $10. The secretary shall keep a suitable file or record of all such certificates. He shall prepare blanks for such certificates, and shall, upon request, furnish such blanks to persons, partnerships, or associations.
Source.
1919, 57:4. PL 155:5. RL 186:5. 1949, 265:10. RSA 349:6. 1955, 59:2; 284:1 par. 7. 1969, 289:7. 1977, 563:36. 1985, 339:17. 1989, 408:71, eff. Aug. 4, 1989.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 349 - Trade Names › Section 349:8 - Reregistration.

349:8 Reregistration. –
Every person, proprietorship, partnership or association registered in accordance with the requirements of this subdivision shall be required to reregister at the time of the expiration of the 5-year period set forth in RSA 349:6. The secretary of state shall, at least 6 months prior to the expiration of the term of registration, forward notice of the requirement of renewal together with a proper form for such renewal. A second such notice shall be mailed at least 30 days prior to expiration. Unless within 30 days after expiration said registration is renewed, the registration shall be discontinued and the name thereby abandoned and free. The secretary of state shall cancel from his register all registrations more than 5 years old and not renewed in accordance with the provisions of this section.
Source.
1955, 59:2; 284:1 par. 8. 1985, 339:14, eff. June 14, 1985.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 349 - Trade Names › Section 349:9 - Penalty.

349:9 Penalty. –
Any person who fails to comply with the provisions of the preceding sections of this chapter shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.
Source.
1919, 57:6. PL 155:8. RL 186:8. RSA 349:9. 1955, 284:1 par. 9. 1973, 530:51, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 349 - Trade Names › Section 349:10 - Fraudulent Registration; Civil Rights.

349:10 Fraudulent Registration;  Civil Rights. –
Any person who shall for himself, or on behalf of any other person, procure the filing and registration of any trade name in the office of the secretary of state, under the provisions hereof, by making any false or fraudulent representations or declarations, verbally, or in writing, or by any fraudulent means, shall be liable to pay all damages sustained in consequence of any such filing, to be recovered by or on behalf of the party injured thereby, in any court having jurisdiction, and shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Any person, proprietorship, partnership or association who has adopted and registered a trade name as aforesaid may proceed by suit to enjoin the use, display, or interference of any other firm, person, proprietorship or association making use thereof, and all courts of competent jurisdiction may grant injunctions to restrain such interference, use, display, or activity, as may be by the said court deemed just and reasonable, and may require the defendants to pay to such person all profits derived from such wrongful interference, use, display or activity; and such court may also order that any such counterfeits or imitations in the possession or under the control of any defendant in such case be delivered to an officer of the court, or to the complainant, to be destroyed.
Source.
1955, 284:1 par. 10. 1973, 528:243, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 349 - Trade Names › Section 349:11 - Prior Rights.

349:11 Prior Rights. –
Nothing herein shall adversely affect the rights or the enforcement of rights in trade names acquired in good faith at any time at common law.
Source.
1955, 284:1 par. 10-a, eff. July 1, 1955.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-A - Model State Trademark Act › Section 350-A:1 - Definitions.

350-A:1 Definitions. –
I. The term "trademark" as used herein means any word, name, symbol, or device or any combination thereof adopted and used by a person to identify goods made or sold by him and to distinguish them from goods made or sold by others.
II. The term "service mark" as used herein means a mark used in the sale or advertising of services to identify the services of one person and distinguish them from the services of others.
III. The term "mark" as used herein includes any trademark or service mark entitled to registration under this chapter whether registered or not.
IV. The term "trade name" means a word, name, symbol, device or any combination thereof used by a person to identify his business, vocation or occupation and distinguish it from the business, vocation or occupation of others.
V. The term "person" as used herein means any individual, firm, partnership, corporation, association, union or other organization.
VI. The term "applicant" as used herein embraces the person filing an application for registration of a trademark under this chapter, his legal representatives, successors or assigns.
VII. The term "registrant" as used herein embraces the person to whom the registration of a trademark under this chapter is issued, his legal representatives, successors or assigns.
VIII. For the purposes of this chapter, a trademark shall be deemed to be "used" in this state (a) on goods when it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in the state, and (b) on services when it is used or displayed in the sale or advertising of services and the services are rendered in this state.
Source.
1969, 448:1, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-A - Model State Trademark Act › Section 350-A:2 - Registrability.

350-A:2 Registrability. –
A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:
I. Consists of or comprises immoral, deceptive or scandalous matter; or
II. Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute; or
III. Consists of or comprises, the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof; or
IV. Consists of or comprises the name, signature or portrait of any living individual, except with his written consent; or
V. Consists of a mark which, (a) when applied to the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them, or, (b) when applied to the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them, or (c) is primarily merely a surname; provided, however, that nothing in this paragraph shall prevent the registration of a mark used in this state by the applicant which has become distinctive of the applicant's goods or services. The secretary of state may accept as evidence that the mark has become distinctive, as applied to the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this state or elsewhere for the 5 years next preceding the date of the filing of the application for registration; or
VI. Consists of or comprises a mark which so resembles a mark registered in this state or a mark or trade name previously used in this state by another and not abandoned, as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive.
Source.
1969, 448:1, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-A - Model State Trademark Act › Section 350-A:3 - Application for Registration.

350-A:3 Application for Registration. –
Subject to the limitations set forth in this chapter, any person who adopts and uses a mark in this state may file in the office of the secretary of state, on a form to be furnished by the secretary of state, an application for registration of that mark setting forth, but not limited to, the following information:
I. The name and business address of the person applying for such registration; and, if a corporation, the state of incorporation,
II. The goods or services in connection with which the mark is used and the mode or manner in which the mark is used in connection with such goods or services and the class in which such goods or services fall,
III. The date when the mark was first used anywhere and the date when it was first used in this state by the applicant or his predecessor in business, and
IV. A statement that the applicant is the owner of the mark and that no other person has the right to use such mark in this state either in the identical form thereof or in such near resemblance thereto as might be calculated to deceive or to be mistaken therefor. The application shall be signed and verified by the applicant or by a member of the firm or an officer of the corporation or association applying. The application shall be accompanied by a specimen or facsimile of such mark in triplicate. The application for registration shall be accompanied by a filing fee of $50 payable to the secretary of state.
Source.
1969, 448:1. 1977, 563:37. 1990, 3:27, eff. Feb. 20, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-A - Model State Trademark Act › Section 350-A:4 - Certificate of Registration.

350-A:4 Certificate of Registration. –
I. Upon compliance by the applicant with the requirements of this chapter, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant. The certificate of registration shall be issued under the signature of the secretary of state and the seal of the state, and it shall show the name and business address and, if a corporation, the state of incorporation, of the person claiming ownership of the mark, the date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state, the class of goods or services and a description of the goods or services on which the mark is used, a reproduction of the mark, the registration date and the term of the registration.
II. Any certificate of registration issued by the secretary of state under the provisions hereof or a copy thereof duly certified by the secretary of state shall be admissible in evidence as competent and sufficient proof of the registration of such mark in any action or judicial proceedings in any court of this state.
Source.
1969, 448:1, eff. Sept. 1, 1969.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-A - Model State Trademark Act › Section 350-A:5 - Duration and Renewal.

350-A:5 Duration and Renewal. –
I. Registration of a mark hereunder shall be effective for a term of 10 years from the date of registration and, upon application filed within 6 months prior to the expiration of such term, on a form to be furnished by the secretary of state, the registration may be renewed for a like term. A renewal fee of $50, payable to the secretary of state, shall accompany the application for renewal of the registration.
II. A mark registration may be renewed for successive periods of 10 years in like manner.
III. The secretary of state shall notify registrants of marks hereunder of the necessity of renewal within the year next preceding the expiration of the 10 years from the date of registration, by writing to the last known address of the registrants.
IV. Any registration in force on September 1, 1969, shall expire 10 years from the date of registration or of the last renewal thereof or one year after September 1, 1969, whichever is later, and may be renewed by filing an application with the secretary of state on a form furnished by him and paying the aforementioned renewal fee therefor within 6 months prior to the expiration of the registration.
V. All applications for renewals under this chapter, whether of registrations made under this chapter or of registrations effected under any prior act, shall include a statement that the mark is still in use in this state.
VI. The secretary of state shall within 6 months after September 1, 1969, notify all registrants of marks under previous acts of the date of expiration of such registrations unless renewed in accordance with the provisions of this chapter, by writing to the last known address of the registrants.
Source.
1969, 448:1. 1990, 3:28, eff. Feb. 20, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 350-A - Model State Trademark Act › Section 350-A:6 - Assignment.

350-A:6 Assignment. –
Any mark and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with that part of the good will of the business connected with the use of and symbolized by the mark. Assignment shall be by instruments in writing duly executed and may be recorded with the secretary of state upon the payment of a fee of $10, payable to the secretary of state who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this chapter shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary of state within 3 months after the date thereof or prior to such subsequent purchase.
Source.
1969, 448:1, eff. Sept. 1, 1969.