reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:48-a - Repealed by 2018, 323:23, XI, eff. June 25, 2018.

184:48-a Repealed by 2018, 323:23, XI, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:51 - Repealed by 1986, 198:23, XLV, eff. Aug. 2, 1986.

184:51 Repealed by 1986, 198:23, XLV, eff. Aug. 2, 1986. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:60-a - Permit Requested.

184:60-a Permit Requested. –
Any person who purchases milk from producers in this state using the bulk tank collector system of collecting milk shall not operate without a valid permit issued by the department of health and human services.
Source.
1955, 86:2, eff. April 16, 1955. 2018, 323:4, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:60-b - Repealed by 2018, 323:23, XXI, eff. June 25, 2018.

184:60-b Repealed by 2018, 323:23, XXI, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:60-c - Repealed by 2018, 323:23, XXII, eff. June 25, 2018.

184:60-c Repealed by 2018, 323:23, XXII, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:61 - Repealed by 2018, 323:23, XXIII, eff. June 25, 2018.

184:61 Repealed by 2018, 323:23, XXIII, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:62 - Repealed by 2018, 323:23, XXIV, eff. June 25, 2018.

184:62 Repealed by 2018, 323:23, XXIV, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:63 - Repealed by 2018, 323:23, XXV, eff. June 25, 2018.

184:63 Repealed by 2018, 323:23, XXV, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:64 - Repealed by 2018, 323:23, XXVI, eff. June 25, 2018.

184:64 Repealed by 2018, 323:23, XXVI, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:65 - Repealed by 2018, 323:23, XXVII, eff. June 25, 2018.

184:65 Repealed by 2018, 323:23, XXVII, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:66 - Repealed by 2018, 323:23, XXVIII, eff. June 25, 2018.

184:66 Repealed by 2018, 323:23, XXVIII, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:67 - Repealed by 2018, 323:23, XXIX, eff. June 25, 2018.

184:67 Repealed by 2018, 323:23, XXIX, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:68 - Repealed by 2018, 323:23, XXX, eff. June 25, 2018.

184:68 Repealed by 2018, 323:23, XXX, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:69 - Repealed by 2018, 323:23, XXXI, eff. June 25, 2018.

184:69 Repealed by 2018, 323:23, XXXI, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:70 - Repealed by 2018, 323:23, XXXII, eff. June 25, 2018.

184:70 Repealed by 2018, 323:23, XXXII, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:71 - Repealed by 2018, 323:23, XXXIII, eff. June 25, 2018.

184:71 Repealed by 2018, 323:23, XXXIII, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:72 - Repealed by 2018, 323:23, XXXIV, eff. June 25, 2018.

184:72 Repealed by 2018, 323:23, XXXIV, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:73 - Repealed by 2018, 323:23, XXXV, eff. June 25, 2018.

184:73 Repealed by 2018, 323:23, XXXV, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:74 - Repealed by 2018, 323:23, XXXVI, eff. June 25, 2018.

184:74 Repealed by 2018, 323:23, XXXVI, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:75 - Repealed by 2018, 323:23, XXXVII, eff. June 25, 2018.

184:75 Repealed by 2018, 323:23, XXXVII, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:76 - Repealed by 2018, 323:23, XXXVIII, eff. June 25, 2018.

184:76 Repealed by 2018, 323:23, XXXVIII, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:76-a - Weighing of Milk.

184:76-a Weighing of Milk. –
Any person who weighs, measures, or samples a producer's milk for the purpose of determining the amount and quality of milk as a basis for paying for product purchased shall procure from the commissioner of the department of health and human services a license showing that the holder is competent and qualified to perform such work, the competency and qualifications of such weighers and samplers to be determined by examination.
Source.
1955, 86:3, eff. April 16, 1955. 2018, 323:5, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:77 - Licenses; Rules and Regulations as to Fees.

184:77 Licenses;  Rules and Regulations as to Fees. –
The commissioner may make rules and regulations governing the application for and the granting of such licenses and shall charge a fee of $5 each for the same. Licenses issued hereunder shall be effective for a period of 2 years and be renewed biennially during the month of January. Licenses may be revoked by the commissioner if after due notice the licensee fails or has failed to comply with the law, rules and regulations under which the license was granted.
Source.
1925, 148:8. PL 163:71. RL 194:72. 1947, 93:1. RSA 184:77. 1955, 86:4. 1977, 563:91, eff. July 15, 1977.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:78 - Repealed by 2018, 323:23, XXXIX, eff. June 25, 2018.

184:78 Repealed by 2018, 323:23, XXXIX, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:80 - Milk Sanitation Board Established.

184:80 Milk Sanitation Board Established. –
There is hereby created an advisory board to be known as the milk sanitation board which shall consist of the following members:
I. The commissioner of agriculture, markets, and food, or his or her designee.
II. The commissioner of the department of health and human services, or his or her designee.
III. The dean of the college of life science and agriculture at the University of New Hampshire, or his or her designee.
IV. An individual who holds a milk plant license.
V. Three individuals who hold valid producer permits.
The milk plant licensee and the producer permit holders shall be residents of the state and shall be appointed by the governor with the consent of the council and each shall hold office for a term of 6 years and until his successor shall be appointed and qualified; provided, that the original appointments shall be one for a term of 2 years, one for a term of 3 years, one for a term of 4 years, and one for a term of 6 years. The milk plant licensee and producer permit holders shall receive no compensation for their services but shall receive necessary travel and other expenses while engaged in actual work of the board.
Source.
1963, 289:1. 1967, 345:5. 1973, 366:3. 1989, 327:4. 1995, 130:5; 310:181, 182, eff. Nov. 1, 1995. 2018, 323:9, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:81 - Organization.

184:81 Organization. –
The board shall elect a chairman from among its members and shall hold meetings on the call of the chairman or the commissioner. Four members shall constitute a quorum.
Source.
1963, 289:1. 1995, 310:183, eff. Nov. 1, 1995. 2018, 323:10, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:82 - Duties.

184:82 Duties. –
The board shall from time to time give advice to the commissioner upon problems affecting the adequacy of the milk supply or the sanitation thereof and hold such hearings and take such action as required in this subdivision.
Source.
1963, 289:1. 1995, 310:175, 183, eff. Nov. 1, 1995. 2018, 323:11, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:82-a - Duties; Department of Health and Human Services.

184:82-a Duties;  Department of Health and Human Services. –
The commissioner shall certify to the milk sanitation board that any laboratory in the state engaged in whole or in part in the analysis of milk or milk products meets the criteria established in rules adopted by the board under RSA 184:93, I(l), if requested by the board.
Source.
1994, 219:4. 1995, 310:181, 183, eff. Nov. 1, 1995. 2018, 323:12, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:83 - Analysis Required.

184:83 Analysis Required. –
Each milk plant engaged in processing milk shall, at least once in each calendar month, collect and submit to a milk laboratory, which has been certified by the commissioner under RSA 184:82-a, for analysis a sample of milk of each producer supplying milk to such milk plant. Such laboratory shall determine the bacterial count of such samples as raw milk, such determination to be made by the standard plate count method, as well as a determination for such harmful substances as the milk sanitation board may by regulations require and shall keep a record of such findings for a period of not less than one year following any such findings which shall be open to inspection by the commissioner. The laboratory shall make a report to the milk plant submitting any such samples, and said laboratory shall transmit a copy of each such report to the commissioner.
Source.
1963, 289:1. 1994, 219:5. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:84 - License Required.

184:84 License Required. –
I. It shall be unlawful for any person to operate a milk plant located within the state who does not possess a milk plant license from the commissioner with respect to each such plant located within the state.
II. It shall be unlawful for any milk distributor to sell or offer for sale within the state milk or milk products unless he shall possess a milk distributor's license from the commissioner. Such license shall not be required in the case of eating establishments or retail stores purchasing milk or milk products finally bottled and packaged from a licensee for resale at retail to the consumer. However, it shall be unlawful for any eating establishment or retail store to sell milk or milk products which have not been processed by a person who is a licensee.
III. It shall be unlawful for any producer-distributor to sell or offer for sale milk or milk products within the state unless he shall possess a producer-distributor's license from the commissioner.
IV. It shall be unlawful for any milk plant located outside the state to sell or offer for sale milk or milk products within the state unless the operator or owner of each plant so located shall possess an out-of-state milk plant license from the commissioner.
V. A milk producer-distributor who daily produces for sale less than 20 gallons of raw milk or processes less than 20 gallons of raw milk into cheese aged at least 60 days, yogurt, cream, butter, ice cream, frozen yogurt, or kefir shall not require a milk producer-distributor license, provided these products are offered as direct sales from the producer-distributor's own farm, farm stand, or at a farmers' market to the food consumer within the state of New Hampshire only. Ice cream and frozen yogurt produced and sold under this paragraph shall be packaged in containers no larger than 6 fluid ounces and shall be marked with an expiration date 30 days from the date of manufacture.
(a) Any product containing raw milk from the milk producer-distributor's farm or farm stand or at farmers' markets shall be clearly labeled. If the product is sold in containers provided by the producer-distributor, the individual container shall have a label which contains the name, address, and phone number of the milk producer-distributor's farm; the name of the product; and the following statement: "This product is made with raw milk and is exempt from New Hampshire licensing and inspection. RAW MILK: consuming raw milk may increase your risk of foodborne illness."
(b) A milk producer-distributor selling raw milk products under this paragraph shall place a sign at the point of sale which contains the name, address, and phone number of the milk producer-distributor's farm; and the following statement: "Products from this farm made from raw milk are exempt from New Hampshire licensing and inspection."
Source.
1968, 289:1. 1995, 310:183. 2012, 163:4, eff. June 7, 2012. 2022, 6:1, 2, eff. May 17, 2022.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:85 - Licenses; Fees.

184:85 Licenses;  Fees. –
I. The commissioner may issue a license to any milk plant, out-of-state milk plant, milk distributor or producer-distributor upon receipt of a written application upon a form furnished by the commissioner and setting forth such information concerning the applicant and his operation and facilities as shall be required by rule.
II. A license will be granted upon the express condition that the applicant shall at all times conduct his operation and maintain his facilities in accordance with the requirements of this subdivision and all rules adopted under this subdivision. All licenses shall be issued for a period of one year or portion of a year and expire on the first day of January next following their issuance.
III. Annual graduated license fees shall be set by rules adopted by the commissioner, pursuant to RSA 541-A. Any licensee who qualifies in more than one licensing category shall be required to pay only a single license fee, but shall meet all sanitary requirements established for each separate licensing category.
IV. All fees collected under this section shall be forwarded to the state treasurer. The state treasurer shall credit all moneys received under this section, and interest received on such money, to the public health services special fund established in RSA 143:11, from which the department shall pay all the expenses of the department incident to the licensing and regulation of milk plants, milk distributors and milk producer-distributors.
Source.
1963, 289:1. 1977, 563:14. 1982, 42:3. 1985, 190:93. 1995, 310:175, 183, eff. Nov. 1, 1995. 2017, 87:10, eff. July 1, 2017. 2018, 323:13, eff. June 25, 2018. 2021, 122:62, eff. July 9, 2021.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:86 - Denial and Revocation.

184:86 Denial and Revocation. –
A license shall be denied or revoked by the commissioner for failure to comply with any or all of the following requirements:
I. Any milk plant, milk distributor or producer-distributor located within the state who fails to comply with the provisions of this subdivision or rules adopted hereunder; or who purchases, processes or offers for sale any milk or milk products any part of which comes from any point outside the state unless such milk or milk products are produced within that state under provisions which are substantially equivalent to the requirements established by this subdivision or rules adopted hereunder, and said requirements are enforced with equal effectiveness as determined by an enforcement rating conducted on such forms and in such a manner and by such milk inspectors.
II. Any milk plant located within the state which takes on a milk producer who does not hold a valid producer's permit.
III. Any milk plant, milk distributor or producer-distributor located outside the state unless their milk or milk products have been produced and processed under provisions which are substantially equivalent to the requirements established by this subdivision or regulations promulgated hereunder, and said requirements are enforced with equal effectiveness as determined by an enforcement rating.
IV. Any milk distributor purchasing milk or milk products unless such milk or milk products are purchased from a licensed milk plant or a producer who holds a valid producer's permit.
Source.
1963, 289:1. 1985, 190:94. 1995, 310:183, eff. Nov. 1, 1995. 2018, 323:14, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:87 - Procedure.

184:87 Procedure. –
When denying or revoking a license, the department shall give written notice of the reasons for such action and provide information to the applicant or licensee related to the applicant or licensee's right to request a hearing.
Source.
1963, 289:1. 1995, 310:183, eff. Nov. 1, 1995. 2018, 323:15, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:87-a - Repealed by 2018, 323:23, XL, eff. June 25, 2018.

184:87-a Repealed by 2018, 323:23, XL, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:88 - Producer Permit Required.

184:88 Producer Permit Required. –
It shall be unlawful for any milk producer to offer for sale or sell milk or milk products to an in-state licensee as defined in RSA 184:84 who does not possess a valid producer permit issued by the commissioner. However, producers located beyond the limits of routine inspection are exempt from this requirement; provided, the milk from said producers shall have been produced under provisions which are substantially equivalent to the requirements of this subdivision and rules adopted hereunder and are enforced with equal effectiveness as determined by an enforcement rating which has been conducted on such forms and in such a manner and by such milk inspectors.
Source.
1963, 289:1. 1985, 190:95. 1995, 310:183, eff. Nov. 1, 1995. 2018, 323:16, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:89 - Application; Issue.

184:89 Application;  Issue. –
The commissioner may issue a permit to any milk producer upon receipt of a completed application furnished by the commissioner and setting forth such information concerning the applicant and the applicant's operation and facilities as may by rules be required. A permit will be granted upon the condition that the applicant shall at all times conduct its operation and maintain its facilities in accordance with the requirements of this subdivision and all rules adopted under this subdivision. Permits shall not be transferable with respect to persons or locations. All permits once issued shall remain in effect until revoked or until 6 months following the date on which milk production ceased at the permitted facility. Permanent milking facilities at fairgrounds or other locations which are used at least annually shall be exempt from the 6-month period. A current listing of all valid permit holders shall be available for review at the department of health and human services.
Source.
1963, 289:1. 1985, 190:96. 1995, 310:183. 1997, 55:4, eff. Jan. 1, 1998. 2018, 323:17, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:90 - Denial and Revocation.

184:90 Denial and Revocation. –
If the commissioner finds upon inspection that a producer fails to comply with the requirements of this subdivision or rules adopted hereunder he shall notify the producer in writing of his violation and shall set forth a reasonable period of time in which to afford compliance. If compliance is not afforded within the time specified his permit shall be denied or revoked.
Source.
1963, 289:1. 1985, 190:97. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:90-a - Suspension.

184:90-a Suspension. –
The commissioner may suspend a producer's permit if it is found after investigation that circumstances exist which threaten the health or safety of the public. If a producer's permit is suspended, the commissioner shall provide the permittee with written notice of the basis for the decision and shall, upon request, schedule a hearing before the milk sanitation board. If a hearing is requested, it shall be held within 10 business days of the date requested. No milk producer shall operate during the pendency of any administrative proceeding following suspension of the producer's permit. If a producer demonstrates that the circumstances resulting in suspension have been corrected, and no longer constitute a threat to the health or safety of the public, the commissioner may reinstate the producer's permit without requiring a hearing before the milk sanitation board.
Source.
1997, 55:5, eff. Jan. 1, 1998. 2018, 323:18, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:91 - Procedure.

184:91 Procedure. –
Before denial or revocation of a producer permit the commissioner shall give written notice stating that such action is contemplated and giving reasons therefor. Such notice shall appoint a time of hearing and shall be sent by certified mail. On the day of hearing the producer may present such evidence as he deems fit before the milk sanitation board.
Source.
1963, 289:1. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:92 - Repealed by 2018, 323:23, XLI, eff. June 25, 2018.

184:92 Repealed by 2018, 323:23, XLI, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:93 - Rulemaking.

184:93 Rulemaking. –
I. The milk sanitation board shall adopt rules under RSA 541-A for the enforcement of this subdivision relative to:
(a) The environmental conditions surrounding the production of milk and milk products both within and without the state;
(b) The transportation of milk and milk products from the producer to the milk plant;
(c) The operations of pasteurizing plants and equipment and the condition of the raw milk or milk products submitted to the process of pasteurization;
(d) The handling of such milk or milk products;
(e) Prevention of contamination of milk and milk products while awaiting or being processed;
(f) The bottling, packaging and refrigeration of processed milk and milk products;
(g) The packaging or labeling of milk and milk products and the environmental surroundings in which milk and milk products shall be received, processed, packaged, stored and delivered to any milk plant;
(h) The environmental circumstances surrounding the delivery of milk and milk products from any milk plant to any store or other place of business for resale or to the ultimate consumer, including the transportation, cooling, refrigeration, storage and delivery;
(i) The cleanliness and freedom from illness or disease of all employees and persons coming in contact with cattle, conducting the milking thereof, engaged in handling the milk and milk products, transporting the same or processing the same, or coming in contact with any equipment, containers or packages with which milk or milk products themselves come in contact;
(j) Procedures, techniques, equipment to be used and methods of recordation of results of any analyses or determination with respect to milk or milk products or their components, including procedures to be followed in the collection, preservation and refrigeration of samples of the same collected for inspection;
(k) The establishment of bacterial standards for milk and other milk products;
(l) Requirements for the approval of milk laboratories;
(m) Establishing standard percentages of milk solids and milk fat required in milk;
(n) Any other matter in this subdivision concerning the manner in which an act shall be done, the approval of equipment or facilities, or the components of any form of milk or milk products to which reference is made in this subdivision.
II, III. [Repealed.]
Source.
1963, 289:1. 1989, 327:3, 5, eff. Aug. 1, 1989.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:95 - Milk Sanitation Rating Required.

184:95 Milk Sanitation Rating Required. –
The commissioner, with the consent of the milk sanitation board, may conduct a milk sanitation rating of both producers and milk plants located within the state in order to evaluate the sanitary quality of milk and other dairy products produced and processed within the state. Said rating shall be conducted on such forms and in such a manner and with such personnel as approved by the commissioner and the milk sanitation board. The values obtained shall be considered official and shall indicate the overall degree of compliance with the sanitary requirements set forth in this subdivision and regulations promulgated hereunder. The commissioner, with the consent of the milk sanitation board, may at any time conduct an enforcement rating, utilizing such forms and conducted in such a manner and with such personnel as approved by the commissioner with the consent of the milk sanitation board as to determine whether an enforcement agency is carrying out the provisions of this subdivision and those regulations promulgated hereunder.
Source.
1963, 289:1. 1995, 310:183, eff. Nov. 1, 1995. 2018, 323:19, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:96 - Access of Agents.

184:96 Access of Agents. –
The commissioner and his authorized milk inspectors, deputies and assistants, or any of them, shall have access, at any reasonable hours, to all premises and places where milk or milk products are produced, handled or processed or where the process of pasteurization is carried on for the enforcement of the provisions of this subdivision.
Source.
1963, 289:1. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:97 - Emergency Powers.

184:97 Emergency Powers. –
In the event of a serious disaster, such as a conflagration, enemy attack, earthquake, flood, hurricane, tornado, drought, or other emergency, which shall result in an unusual nonseasonal shortage of milk or milk products, the milk sanitation board shall have power to suspend any part or all of the regulations made under the authority of this subdivision; to promulgate other or additional emergency regulations; to suspend part or all of the requirements of this subdivision pertaining to inspection and the requirement relating to the licensure of out-of-state milk plants from which milk or milk products are derived and pertaining to the inspection of all out-of-state milk producers and milk distributors; provided, however, that the milk sanitation board shall be satisfied that any such source of milk and milk products so admitted shall not constitute a public health threat to the people of this state. Any such suspension and any such emergency regulations shall be for the duration of the emergency.
Source.
1963, 289:1, eff. July 1, 1963.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:98 - Enforcement.

184:98 Enforcement. –
The commissioner shall enforce the provisions of this subdivision.
Source.
1963, 289:1. 1995, 310:183, eff. Nov. 1, 1995. 2018, 323:20, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:99 - Repealed by 2018, 323:23, XLII, eff. June 25, 2018.

184:99 Repealed by 2018, 323:23, XLII, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:101 - Authority to Embargo and Condemn.

184:101 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.
1963, 289:1, eff. July 1, 1963.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:102 - Injunctions.

184:102 Injunctions. –
In addition to the provisions of RSA 184:101, the superior court, upon complaint of the commissioner or the attorney general, shall have jurisdiction to restrain and enjoin any act forbidden or declared illegal by this chapter.
Source.
1963, 289:1. 1978, 40:15. 1995, 310:183, eff. Nov. 1, 1995. 2018, 323:21, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:103 - Standards of Identity.

184:103 Standards of Identity. –
The milk sanitation board may promulgate regulations setting forth definitions and standards of identity for milk and milk products. When promulgating such regulations the board shall not be inconsistent with those standards of identity for milk and milk products established by existing laws or those promulgated under the federal act (RSA 146:2, X). Said regulations shall be promulgated in the manner prescribed by paragraph II of RSA 184:93.
Source.
1967, 265:1, eff. June 27, 1967.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:104 - Repealed by 2018, 323:23, XLIII, eff. June 25, 2018.

184:104 Repealed by 2018, 323:23, XLIII, eff. June 25, 2018. –
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:105 - Administrative Fines.

184:105 Administrative Fines. –
The commissioner, after notice and the opportunity for a hearing, 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. Each day that the offense remains uncorrected shall constitute a separate offense subject to an additional fine. The range of administrative fines shall be scaled to reflect the scope and severity of the violation. Rehearings and appeals from a decision of the commissioner regarding imposition of an administrative fine shall be in accordance with RSA 541. No administrative fine imposed under this section shall preclude the imposition of further or additional penalties or administrative actions under this chapter. The commissioner shall adopt rules in accordance with RSA 541-A relative to the amount of administrative fines, process of imposition of fines, and hearing procedures. 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 as unrestricted revenue.
Source.
1997, 55:6, eff. Jan. 1, 1998. 2018, 323:22, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:106 - Definitions.

184:106 Definitions. –
In this subdivision:
I. "Commissioner" means the commissioner of the department of agriculture, markets, and foods.
II. "Department" means the department of agriculture, markets, and foods.
III. "Federal promotion deduction" means the administrative assessment and marketing service deduction assessed in accordance with 7 C.F.R. part 1000, subpart I.
IV. "Milk producer" means any person who owns or controls one or more hooved mammals, a part or all of the milk or milk products from which are sold, or offered for sale.
V. "Milk processor" means any person who processes and markets commercially fluid milk products in consumer-type packages in the United States.
VI. "Private label" means a product that is processed by a contract or third-party processor and sold under a retailer's brand name.
VII. "Producer baseline production" means the average production of a milk producer over the previous 12 months.
VIII. "State baseline production" means the total of all producer baseline production.
Source.
2019, 319:1, eff. Aug. 7, 2019.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:108 - Authority; Rulemaking.

184:108 Authority;  Rulemaking. –
I. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
(a) Verification of the volume of milk produced and net sales of premium milk through audits.
(b) A process to fund the cost of further segregation of New Hampshire milk from the dairy premium fund, if necessary.
(c) The development of logos for use on premium milk products and rules for their use.
(d) The process of certification for the use of the logos by milk manufacturers of dairy products and collection of money from use of the dairy premium fund logos.
(e) The content and design of all forms and reports required by this subdivision.
(f) The percentage of New Hampshire produced milk a final product shall contain in order to qualify for labeling as "New Hampshire's Own."
II. The commissioner may:
(a) Accept private donations for the dairy premium fund to promote the dairy premium program.
(b) Include the names of retail brands of companies participating in the dairy premium program as well as the names of the retail locations where such premium milk products are sold in advertising for the program.
Source.
2019, 319:1, eff. Aug. 7, 2019.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:109 - Dairy Premium Fund.

184:109 Dairy Premium Fund. –
There is established a dairy premium fund which shall be administered by the commissioner. The commissioner shall deposit into the fund any appropriations from the program made to the department from the general fund to be used consistent with the definitions and provisions of this subdivision, to distribute a quarterly premium payment to New Hampshire milk producers who ship milk in the state of New Hampshire. The fund shall be nonlapsing and shall be continually appropriated to the department. The commissioner is authorized to accept public sector and private sector grants, gifts, or donations of any kind for the purpose of funding the provisions of this subdivision. The commissioner may employ legal counsel as deemed necessary.
Source.
2019, 319:1, eff. Aug. 7, 2019.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:110 - Dairy Premium Fund Board Established; Membership.

184:110 Dairy Premium Fund Board Established;  Membership. –
I. The dairy premium fund board is established and shall be comprised of the following members:
(a) The commissioner of the department of agriculture, markets, and food.
(b) The executive director of Granite State Dairy Promotion.
(c) Two members from dairy cooperatives, appointed by the governor.
(d) One member from the milk processing industry, appointed by the governor.
(e) One member who shall be from a retail store that sells dairy premium milk, appointed by the governor.
(f) Two members who are milk producers receiving a quarterly premium payment, appointed by the governor.
(g) One member of the general public, appointed by the governor.
II. The commissioner shall be the chair of the board and the executive director of Granite State Dairy Promotion the vice chair.
III. The board shall meet at the call of the chair or at the request of no fewer than 5 members.
IV. The board shall advise the commissioner regarding any changes to policies or rules regarding the dairy premium program prior to their adoption.
V. Appointed members of the board shall serve 3-year staggered terms. Initial appointments made by the governor shall be staggered for terms of one, 2, or 3 years. A board member whose term of office is expiring may continue beyond the end of the term until reappointed or until a successor is nominated. Vacancies shall be filled for the unexpired term.
Source.
2019, 319:1, eff. Aug. 7, 2019.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:111 - Mislabeling of Milk; Prohibition and Penalties.

184:111 Mislabeling of Milk;  Prohibition and Penalties. –
I. The labeling of milk that does not meet the requirements of RSA 184:79, XXII through XXII-c as "fresh," "New Hampshire fresh," or "northeastern fresh" is prohibited.
II. The knowingly and falsely labeling of milk as participating in the dairy premium program is prohibited.
III. Any person who knowingly violates any provision of this section shall be subject to an administrative fine levied by the commissioner not to exceed $1,000 for each violation.
Source.
2019, 319:1, eff. Aug. 7, 2019.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:112 - Definitions.

184:112 Definitions. –
In this subdivision:
I. "Department" means the department of agriculture, markets, and food.
II. "Forages" means hay, haylage, silage, and pasture.
III. "Homegrown feed" means forages and grain, or a composite in any combination grown on land owned or leased by the producer.
IV. "New producer" means a producer who initiated milk production in 2016.
V. "Producer" means a dairy farmer, as permitted or licensed under this chapter, engaged in the business of producing milk in New Hampshire and sold wholesale or retail for any purpose.
Source.
2017, 27:2, eff. Apr. 25, 2017.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:113 - Implementation.

184:113 Implementation. –
I. In order to qualify for the New Hampshire dairy producer drought relief program, a producer shall complete and submit an application in which the department shall be provided proof of homegrown feed loss due to drought along with records of milk production for the 2016 calendar year.
II. The department shall design and provide such forms and applications as necessary to calculate and process the program and shall supply such forms and applications to any producer upon request.
III. Any producer electing to participate in the New Hampshire dairy drought relief program shall complete and submit an application no later than 30 days after the effective date of this subdivision.
IV. For the purposes of verification of an application and claim, such records and data kept by the producer or producer's agent, the United States Department of Agriculture Farm Service Agency, the United States Department of Agriculture Agricultural Marketing Service Dairy Marketing Program, the university of New Hampshire cooperative extension service, Dairy Marketing Services LLC, or the producer's lender, cooperative, insurance agent, crop insurance representative, or processor shall be provided to the department along with the completed application. The department shall review such records and data in support of an application.
V. A new producer's annual milk production for 2016 shall be prorated based on its actual milk production.
VI. The applicant producer shall sign a release allowing the department access to production and crop records and permit the department on-site access for program verification purposes. The producer shall allow the department to make random inspections and audits of records, as necessary, in order to verify production. Information provided to the department is proprietary to the producer and the department and is to be used solely for program verification and determining payment. In no way shall such information provided be made public except for (a) the percentage of homegrown feed loss approved by the department, and (b) total payment to the producer.
VII. The applicant producer shall sign a form provided by the department attesting, to the best of the producer's knowledge, that the records and data provided by the producer are accurate and truthful.
Source.
2017, 27:2, eff. Apr. 25, 2017.
2023 New Hampshire Revised Statutes › Title XIV - Milk and Milk Products › Chapter 184 - Inspection and Sale of Dairy Products › Section 184:114 - Calculation of Payment.

184:114 Calculation of Payment. –
I. The homegrown cost of feed shall be $6.10 per hundredweight of milk produced.
II. To arrive at the amount to be paid to the producer, the cost of feed in paragraph I shall be multiplied by the percentage of homegrown feed loss in 2016 over either the year 2015 due to drought or the year 2014 due to drought, at the producer's discretion, and that product shall be multiplied further by the producer's total milk production in hundredweight of milk produced in 2016. There shall be subtracted from that amount any drought-related payments received by the producer from the federal government.
III. Proof of loss shall be in the form of a notice of loss or other typical documentation of loss from a competent authority, including but not limited to such agencies as the United States Department of Agriculture Farm Service Agency or crop insurance agent.
IV. If the amount appropriated for dairy producer drought relief by the general court is insufficient to pay each producer entirely and in whole in the manner as outlined in this section, any such final distribution shall be prorated and reduced proportionally for the benefit of all the producer applicants. The reduced amount shall then be distributed accordingly.
V. Any unexpended funds, after final distribution, shall be returned to the general fund.
VI. Should a producer cease to be a producer for any reason on or before December 31, 2020, the producer shall reimburse the state the entire amount paid to the producer under this program. The department of health and human services, dairy sanitation program (dairy sanitation) shall provide the department of justice a list of all permitted or licensed dairies. This list shall be provided on December 31 of each year from 2017 through 2020. Should the department of justice find that any producer is no longer permitted or licensed under this chapter by dairy sanitation then the department of justice shall collect reimbursement for the state of the amount paid to the producer.
VII. The administration and distribution of any funds appropriated for the purposes of this subdivision shall be administered by the department, which shall be exempt from the provisions of RSA 541-A.
Source.
2017, 27:2, eff. Apr. 25, 2017.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 186 - The State School Organization › Section 186:5 - Powers.

186:5 Powers. –
The state board shall have the same powers of management, supervision, and direction over all public schools in this state as the directors of a business corporation have over its business, except as otherwise limited by law. It may make all rules and regulations necessary for the management of its own business and for the conduct of its officers, employees, and agents, and to secure the efficient administration of the public schools and the administration of the work of Americanization, in teaching English to non-English-speaking adults and in furnishing instruction in the privileges, duties, and responsibilities of citizenship, which is hereby declared to be an essential part of public school education. It shall be the duty of school boards and employees of school districts to comply with the rules and regulations of the state board.
Source.
1919, 106:5. 1921, 85, I:5. PL 116:5. RL 134:5.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 186 - The State School Organization › Section 186:6 - Compliance With Federal Provisions.

186:6 Compliance With Federal Provisions. –
The state board may also make the regulations necessary to enable the state to comply with the provisions of any law of the United States intended to promote vocational or other education, to abolish illiteracy and Americanize immigrants, to equalize educational opportunities, to promote physical health and recreation, and to provide an adequate supply of trained teachers.
Source.
1919, 106:5. 1921, 85, I:5. PL 116:6. RL 134:6.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 186 - The State School Organization › Section 186:6-a - Limitation of Education.

186:6-a Limitation of Education. –
Notwithstanding any other provision of law, the authority of the state department of education shall be limited to the problems associated with kindergarten and grades one through 12, provided, however, that the state board of education shall be authorized to accept, distribute and supervise funds for pre-kindergarten programs.
Source.
1963, 303:12. 1971, 371:3. 1989, 303:1. 1995, 182:22. 1998, 272:32, eff. Jan. 1, 1999.
2023 New Hampshire Revised Statutes › Title XV - Education › Chapter 186 - The State School Organization › Section 186:7 - Federal Funds; Cooperation.

186:7 Federal Funds;  Cooperation. –
The state treasurer shall be custodian of any money that may be allotted to the state by the federal government for general educational purposes. He shall also be the custodian of all moneys received by the state from appropriations made by congress for vocational rehabilitation of persons disabled in industry or otherwise, together with moneys received for this purpose from other sources, and is authorized to make disbursements therefrom upon the order of the state board. The state board is authorized and directed to cooperate with the proper authorities of the United States in educational work and in carrying out the provisions of the federal civilian vocational rehabilitation act.
Source.
1917, 226:2. 1921, 85, I:5. 1925, 18:1. PL 116:7. 1931, 48:1. RL 134:7.