reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-G - Notification of Emergency Response/public Safety Workers After Exposure to Infectious Disease › Section 141-G:14 - Confidentiality.

141-G:14 Confidentiality. –
I. No person shall use or disclose any information concerning an applicant or a source individual if that information becomes known to the person in the course of carrying out his or her responsibilities under this subdivision or as a result of obtaining a testing order.
II. Paragraph I shall not apply to disclosure in the following circumstances:
(a) In the course of carrying out a duty imposed or exercising a power conferred under this subdivision.
(b) As required by law.
(c) With the consent of the person who is the subject of the information.
(d) In the course of a consultation between qualified health professionals.
(e) In the case of information about a minor to a guardian of that minor.
(f) As provided in rules adopted under RSA 141-G:19.
III. No person who is subpoenaed or otherwise compelled to give evidence in a legal proceeding, other than a proceeding for the purposes of RSA 141-G:11, I or an appeal under RSA 141-G:11, V, shall disclose information described in paragraph I, unless the court first examines the information, with the public excluded, and determines that the information may be disclosed. The court shall consider:
(a) The probative value of the information;
(b) The relevance of the information to the proceeding; and
(c) The effect of the disclosure on the privacy of the person who is the subject of the information.
Source.
2017, 208:1, eff. Sept. 8, 2017.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-G - Notification of Emergency Response/public Safety Workers After Exposure to Infectious Disease › Section 141-G:15 - Costs.

141-G:15 Costs. –
Subject to rules adopted by the commissioner under RSA 141-G:19, an applicant's workers' compensation insurance carrier shall be responsible for paying the costs of the test, including the charges of the health care facility taking the blood sample and the charges of the laboratory for the analysis of the sample. An applicant without insurance coverage may request testing under this subdivision, however, he or she shall be responsible for paying for the testing order and may be required to pay for testing in advance.
Source.
2017, 208:1, eff. Sept. 8, 2017. 2018, 201:1, eff. June 8, 2018.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-G - Notification of Emergency Response/public Safety Workers After Exposure to Infectious Disease › Section 141-G:16 - Immunity.

141-G:16 Immunity. –
No legal proceeding for damages may be commenced or maintained against a person who in good faith, and not in a wanton or reckless manner, engages in any act or omission:
I. In the exercise or intended exercise of any power under this subdivision;
II. In the performance or intended performance of any duty under this subdivision; or
III. In the taking, under a testing order, of a sample from a source individual.
Source.
2017, 208:1, eff. Sept. 8, 2017.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-G - Notification of Emergency Response/public Safety Workers After Exposure to Infectious Disease › Section 141-G:17 - Notice and Service.

141-G:17 Notice and Service. –
I. All documents or notifications required to be given to or served on a person shall be given or served in accordance with the rules adopted by the commissioner, in collaboration with the judicial branch, under RSA 141-G:19.
II. If a person is required under this subdivision to provide a notice to or serve a document on another person, notice or service may be made on an authorized representative of the source individual.
Source.
2017, 208:1, eff. Sept. 8, 2017.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-G - Notification of Emergency Response/public Safety Workers After Exposure to Infectious Disease › Section 141-G:18 - Penalties.

141-G:18 Penalties. –
I. Any source individual who purposely contravenes a testing order shall be guilty of a violation.
II. Any person who purposely violates the provisions of RSA 141-G:14, shall be guilty of a misdemeanor.
III. If an offense under this subdivision continues for more than one day, a fine may be imposed for each day the offense continues, provided that the sum of such fines shall not exceed the maximum fine for the offense.
Source.
2017, 208:1, eff. Sept. 8, 2017.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-G - Notification of Emergency Response/public Safety Workers After Exposure to Infectious Disease › Section 141-G:19 - Rules.

141-G:19 Rules. –
I. The commissioner shall be responsible for the statewide supervision of first responder and healthcare provider exposure blood testing.
II. The commissioner shall adopt rules under RSA 541-A, relative to:
(a) Defining diseases or conditions as bloodborne pathogens for the purposes of this subdivision.
(b) Providing the notice required under RSA 141-G:9, including developing forms for that purpose.
(c) Identifying circumstances and activities eligible for a blood testing order under RSA 141-G:10, I.
(d) Developing applications for testing orders, including forms for that purpose.
(e) Medical evaluation reports pursuant to RSA 141-G:10, III(a).
(f) The taking and analysis of blood samples under the authority of a testing order.
(g) Identifying eligible health facilities.
(h) Information required for completing a testing order.
(i) The reporting procedures for test results if the applicant's or source individual's physician, physician assistant, or advanced practice registered nurse is not known or the applicant or source individual does not have one.
(j) Circumstances when confidential information under this subdivision may be disclosed.
(k) Circumstances in which workers' compensation insurance and the government shall be responsible for paying the costs referred to in RSA 141-G:15.
(l) Notice and service, including identifying authorized persons who may be notified or served instead of the source individual of the notice or service.
Source.
2017, 208:1, eff. Sept. 8, 2017. 2018, 201:2, eff. June 8, 2018.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-H - Genetic Testing › Section 141-H:1 - Definitions.

141-H:1 Definitions. –
In this chapter:
I. "Disability income insurance" means insurance intended to protect against loss of occupational earning capacity arising from injury, sickness, or disablement, including insurance that provides benefits for overhead expenses or purchase of a business or profession when the insured becomes disabled.
II. "Employment" means work performed by an employee for an employer for remuneration.
III. "Employment agency" has the meaning given in RSA 354-A:2, VIII.
IV. "Genetic testing" means a test, examination, or analysis which is generally accepted in the scientific and medical communities for the purpose of identifying the presence, absence, or alteration of any gene or chromosome, and any report, interpretation, or evaluation of such a test, examination, or analysis, but excludes any otherwise lawful test, examination, or analysis that is undertaken for the purpose of determining whether an individual meets reasonable functional standards for a specific job or task.
V. "Health insurance" means any arrangement with any entity which pays medical claims on behalf of an individual, an employee, or dependents, including any such arrangement evidenced by a hospital or medical policy or certificate, hospital or medical service plan or contract, or health maintenance organization group or individual subscriber contract, or self insurance plan or contract, or other evidence of coverage, except for the purposes of this chapter, "health insurance" shall not mean life, disability income, or long-term care insurance.
VI. "Individual" means a human being.
VII. "Labor organization" has the meaning given in RSA 354-A:2, X.
VIII. "Licensing agency" means a unit of government which is authorized to grant, deny, renew, revoke, suspend, annul, withdraw, or amend an occupation license.
IX. "Life insurance" means insurance in which the risk contemplated is the death of a particular individual upon which event the insurer pays a stipulated sum, or the type of insurance defined in RSA 401:1, III.
X. "Long-term care insurance" means the types of insurance defined in RSA 415-D:3, V.
XI. "Person" includes a human being, an association or organization, a trust, corporation, and partnership.
Source.
1995, 101:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-H - Genetic Testing › Section 141-H:2 - Conditions of Genetic Testing.

141-H:2 Conditions of Genetic Testing. –
I. Except as otherwise provided in this chapter, no individual or member of the individual's family shall be required to undergo genetic testing as a condition of doing business with another person.
II. Except as required to establish paternity under RSA 522, or as required to test newborns for metabolic disorders under RSA 132:10-a, or as required for purposes of criminal investigations and prosecutions, or as is necessary to the functions of the office of chief medical examiner, no genetic testing shall be done in this state on any individual or anywhere on any resident of this state based on bodily materials obtained within this state, without the prior written and informed consent of the individual to be tested, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person. The results of any such test shall be provided only to those persons approved in writing by the individual, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person. No person shall refuse to perform genetic testing, or to arrange for genetic testing to be performed, or to do business with an individual, solely because the individual to be tested refuses to consent to providing the test results to some or all persons.
III. Except as provided in paragraph II, or authorized by RSA 141-J, no person shall disclose to any other person that an individual has undergone genetic testing, and no person shall disclose the results of such testing to any other person, without the prior written and informed consent of the individual, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person.
IV. (a) Nothing in this section shall limit genetic testing or genetic analysis used for diagnosis and treatment of a consenting patient by a clinical laboratory that has received a specimen referral from the individual patient's treating physician, genetic counselor, or another clinical laboratory.
(b) This section allows for the disclosure of genetic testing or genetic analysis to entities participating in the clinical care of the patient.
(c) Nothing in this section shall be construed to waive the requirement that the treating physician obtain specific informed patient consent in accordance with the provisions of this section for clinical research.
Source.
1995, 101:1. 2000, 304:1. 2008, 186:2. 2013, 271:7, eff. July 1, 2013. 2023, 230:1, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-H - Genetic Testing › Section 141-H:3 - Use of Genetic Testing in Employment Situations.

141-H:3 Use of Genetic Testing in Employment Situations. –
I. No employer, labor organization, employment agency, or licensing agency shall directly or indirectly:
(a) Solicit, require or administer genetic testing relating to any individual as a condition of employment, labor organization membership, or licensure.
(b) Affect the terms, conditions, or privileges of employment, labor organization membership, or licensure or terminate the employment, labor organization membership, or licensure of any individual based on genetic testing.
II. Except as provided in paragraph IV of this section, no person shall sell or otherwise provide to an employer, labor organization, employment agency or licensing agency any genetic testing relating to an employee, labor organization member or licensee or to a prospective employee, labor organization member or licensee.
III. Any agreement between an employer, labor organization, employment agency, or licensing agency and an individual offering employment, labor organization membership, licensure, or any pay or benefit to that individual in return for taking a genetic test is prohibited.
IV. This section shall not prohibit the genetic testing of an employee who requests to undergo genetic testing and who provides written and informed consent to genetic testing for any of the following purposes:
(a) Investigating a worker's compensation claim under RSA 281-A.
(b) Determining the employee's susceptibility or level of exposure to potentially toxic chemicals or potentially toxic substances in the workplace, if the employer does not terminate the employee, or take any other action that adversely affects any term, condition, or privilege of the employee's employment, as a result of genetic testing.
V. This section shall not prohibit or limit genetic testing for evidence of insurability with respect to life, disability income, or long-term care insurance under the terms of an employee benefit plan.
Source.
1995, 101:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-H - Genetic Testing › Section 141-H:4 - Use of Genetic Testing in Health Insurance.

141-H:4 Use of Genetic Testing in Health Insurance. –
A health insurer in connection with providing health insurance shall not:
I. Require or request directly or indirectly any individual or a member of the individual's family to undergo genetic testing.
II. Require or request directly or indirectly any individual to reveal whether the individual or a member of the individual's family has undergone genetic testing or the results of the testing, if undergone by the individual or a member of the individual's family.
III. Condition the provision of health insurance coverage or health care benefits on whether an individual or a member of the individual's family has undergone genetic testing or the results of the testing, if undergone by the individual or a member of the individual's family.
IV. Consider in the determination of rates or any other aspect of health insurance coverage or health care benefits provided to an individual whether an individual or a member of the individual's family has undergone genetic testing or the results of the testing, if undergone by the individual or a member of the individual's family.
Source.
1995, 101:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-H - Genetic Testing › Section 141-H:5 - Use of Genetic Testing in Life, Disability Income, and Long-Term Care Insurance.

141-H:5 Use of Genetic Testing in Life, Disability Income, and Long-Term Care Insurance. –
I. Except as provided in paragraph II of this section, the provisions of this chapter shall not apply to the provision of life insurance, disability income insurance, or long-term care insurance.
II. A person in the business of providing life, disability income, or long-term care insurance who obtains information with respect to any genetic testing of an individual or a member of the individual's family shall not use that information in writing a type of insurance coverage other than life, disability income, or long-term care insurance.
Source.
1995, 101:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-H - Genetic Testing › Section 141-H:6 - Civil Action.

141-H:6 Civil Action. –
An aggrieved individual may bring a civil action under this chapter and, if successful, shall be awarded special or general damages of not less than $1,000 for each violation, and costs and reasonable legal fees.
Source.
1995, 101:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-I - Ear Piercing › Section 141-I:1 - Ear Piercing.

141-I:1 Ear Piercing. –
All ear piercing devices, including but not limited to earrings, needles, and associated parts, that come in direct contact with the client's skin during the ear piercing process shall be single-use prepackaged sterilized units. Reusable stabilizing devices used in ear piercing that come in direct contact with the client's skin shall be cleaned and sterilized after each use in accordance with rules adopted pursuant to RSA 314-A. Any person violating the provisions of this chapter shall be guilty of a violation. Nothing in this chapter shall be construed to affect persons operating in compliance with the New Hampshire code of administrative rules, He-P 1103.02.
Source.
1999, 320:1, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-J - Birth Conditions Program › Section 141-J:1 - Birth Conditions Program Authorized.

141-J:1 Birth Conditions Program Authorized. –
The department of health and human services may establish and maintain a statewide, population-based public health surveillance program on birth conditions, to be known as the New Hampshire birth conditions program if established. The program shall:
I. Determine the prevalence and trends of birth conditions among New Hampshire residents.
II. Develop and assess prevention strategies relating to birth conditions.
III. Promote scientific collaboration through data analysis, investigations, and epidemiological studies on the public health impact of birth conditions and possible cause of birth conditions, including exposure to environmental or occupational hazards, maternal and stillborn fetal conditions, and illnesses or complications during pregnancy, labor, or delivery.
Source.
2008, 186:1, eff. June 11, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-J - Birth Conditions Program › Section 141-J:2 - Definitions.

141-J:2 Definitions. –
In this chapter:
I. "Birth condition" means one or more of the birth conditions recommended by the National Birth Defects Prevention Network and/or the Centers for Disease Control and Prevention.
II. "Commissioner" means the commissioner of the department of health and human services.
III. "Department" means the department of health and human services.
IV. "Health information" means vital records, hospital discharge data, parental, stillborn fetal, pediatric, or infant medical records, hospital or clinic records, results of genetic tests relating to birth conditions in infants and children, or fetal death reports indicating the birth conditions only but not the tests themselves or any other information therefrom, records of induced termination of pregnancies as to which a diagnosis of a birth condition has been made provided that such information does not include any individually identifiable health information or information that identifies the physician or other medical provider, laboratory reports, and infant, pediatric, or stillborn fetal autopsy reports.
V. "Individually identifiable health information" means health information that explicitly or by implication identifies the individual who is the subject of the information including names, street addresses, birth dates, death dates, admission or discharge dates, telephone numbers, facsimile numbers, electronic mail addresses, social security numbers, medical record numbers, health plan beneficiary numbers, account numbers, certificate/license numbers, biometric identifiers, including finger and voice prints, genetic tests, facial photographic or other images, any other unique identifying number, characteristic, or code.
Source.
2008, 186:1, eff. June 11, 2008. 2017, 42:1, eff. May 9, 2017.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-J - Birth Conditions Program › Section 141-J:3 - Program Access to Health Information.

141-J:3 Program Access to Health Information. –
I. Health care providers, health care facilities, clinics, laboratories, medical records departments, and state offices, agencies, and departments shall allow the program to have access to individually identifiable health information relating to the occurrence of birth conditions in children, infants, or stillborn fetuses. The program may acquire the same information relating to New Hampshire residents from health care facilities, birth conditions surveillance programs, and other sources in other states. The program shall not provide individually identifiable health information relating to New Hampshire residents to any similar program operated by any other state or the federal government.
II. Except as otherwise provided in this chapter, no health care provider, health care facility, clinic, laboratory, medical records department, or state office, agency, or department shall be held liable in any action for civil damages for providing the department or the program with access to individually identifiable health information authorized by paragraph I.
Source.
2008, 186:1, eff. June 11, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-J - Birth Conditions Program › Section 141-J:4 - Program Ability to Share Data.

141-J:4 Program Ability to Share Data. –
Program staff and authorized department employees, agents, and contractors may use or disclose individually identifiable health information solely for the purposes specified in RSA 141-J:1. Such uses or disclosures shall be limited to the minimum amount of individually identifiable health information necessary to further such purposes.
Source.
2008, 186:1, eff. June 11, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-J - Birth Conditions Program › Section 141-J:5 - Election Not to Participate in the Program.

141-J:5 Election Not to Participate in the Program. –
I. An individual who is the subject of individually identifiable health information may elect not to participate in the program. If the individual is a minor or is legally incompetent, the individual's parent or legal guardian may so elect on the individual's behalf.
II. The program shall notify each individual with a confirmed birth condition diagnosis whose individually identifiable health information it proposes to include in the program of the election prior to obtaining any individually identifiable health information relating to the individual, other than name and address and diagnosis. The program shall not obtain any individually identifiable health information for any individual who does not have a confirmed birth condition diagnosis and shall retain the name and address only of any such individual for a period not to exceed 2 years.
III. The notices required by paragraph II shall be in writing, on a form developed and revised from time to time by the commissioner. At a minimum, the notice shall:
(a) Be written in clear, plain language.
(b) Contain the following:
(1) A statement explaining the nature and purpose of the program.
(2) A statement of the election in paragraph I or the absence of a statement of election in paragraph V, and a statement of the election in RSA 141-J:6, I.
(3) Contact information for the program.
(4) A place for the individual to sign and date.
IV. If an individual elects not to participate in the program, the program shall acknowledge in writing that it has received and will honor the election.
V. If the program has notified an individual pursuant to paragraph II or III, and within 60 days of providing such notice has not received the individual's election not to participate in the program, the program may obtain access to, or retain, as the case may be, individually identifiable health information relating to the individual.
VI. The program shall not acquire, retain, use, or disclose individually identifiable health information, including birth condition, with respect to those individuals who have elected not to participate in the program under paragraph I or RSA 141-J:6, I. The program shall retain a list of those individuals who have elected not to participate in the program and the dates of such elections but shall not disclose this information to any other entity.
Source.
2008, 186:1, eff. June 11, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-J - Birth Conditions Program › Section 141-J:6 - Rights of Individuals.

141-J:6 Rights of Individuals. –
An individual with respect to whom the program retains individually identifiable health information may:
I. Elect at any time not to participate in the program. Upon such election, the program shall remove any individually identifiable health information relating to the individual.
II. Review any individually identifiable health information in program records relating to the individual.
III. Upon payment of any reasonable costs involved, obtain a copy of any individually identifiable health information in program records relating to the individual.
IV. Request amendments or corrections to the individual's individually identifiable health information in program records.
V. Prohibit the release of individually identifiable health information in program records relating to the individual.
VI. Review and, upon payment of any reasonable costs involved, obtain a copy of the list of persons given access to individually identifiable health information relating to the individual.
Source.
2008, 186:1, eff. June 11, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-J - Birth Conditions Program › Section 141-J:7 - Program Records Not Public Records.

141-J:7 Program Records Not Public Records. –
Any individually identifiable health information acquired, used, disclosed, or retained by the program shall not constitute a public record. The names and addresses of individuals who have elected not to participate in the program shall not be a public record. No individually identifiable health information retained by the program shall be discoverable or compelled to be produced pursuant to subpoena or compelled testimony in any legal proceeding without the written authorization of the person about whom the information relates. Analyses and compilations of data that do not disclose individually identifiable health information shall be available to the public under RSA 91-A.
Source.
2008, 186:1, eff. June 11, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-J - Birth Conditions Program › Section 141-J:8 - Privacy and Confidentiality Protections.

141-J:8 Privacy and Confidentiality Protections. –
I. Any person allowed access to individually identifiable health information in program records shall sign a confidentiality agreement, in a form specified by the department, requiring adherence to privacy and security protections equivalent to or greater than the protections provided in this chapter.
II. The department shall maintain a list of any persons other than program staff given access to individually identifiable health information. The list shall include:
(a) The name of the person authorizing access.
(b) The name, title, and organizational affiliation of each person given access.
(c) The date of access.
(d) The specific purpose for which the information was used.
III. Individually identifiable health information in the records of the program may be retained for 18 years or, if the information relates to a minor, until the individual reaches the age of 18. Thereafter, the program may use and retain the information only in a form where an individual's identity cannot be discerned.
Source.
2008, 186:1, eff. June 11, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-J - Birth Conditions Program › Section 141-J:9 - Rulemaking.

141-J:9 Rulemaking. –
The commissioner of the department of health and human services may adopt rules under RSA 541-A concerning the following:
I. The form and manner through which information shall be made available to and by the program under RSA 141-J:3 and 4.
II. The election procedure pursuant to RSA 141-J:5.
III. The rights of individuals under RSA 141-J:6.
IV. The privacy and confidentiality protections under RSA 141-J:8.
Source.
2008, 186:1, eff. June 11, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-J - Birth Conditions Program › Section 141-J:10 - Penalties.

141-J:10 Penalties. –
I. Any person who violates the provisions of this chapter is guilty of a class B misdemeanor.
II. An individual harmed by a person violating this chapter may bring a civil action against the person and, if successful, shall be awarded the greater of actual damages or liquidated damages of $2,500 for each violation, reasonable attorneys' fees and other litigation costs reasonably incurred, and such other equitable relief as the court determines to be appropriate.
Source.
2008, 186:1, eff. June 11, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-J - Birth Conditions Program › Section 141-J:11 - Advisory Panel.

141-J:11 Advisory Panel. –
If the department establishes or maintains the New Hampshire birth conditions program, the department shall establish an advisory panel for the program. The panel shall provide technical guidance regarding the operation of the program and such assistance as needed to carry out the program's goals. The panel shall include representatives from:
I. Health care services.
II. Persons or agencies that may use program data in discharging duties or undertaking research.
III. The New Hampshire March of Dimes and other organizations concerned with birth conditions.
IV. Parents of children with birth conditions and adults with birth conditions.
Source.
2008, 186:1, eff. June 11, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 142-A - Mosquito Control Policy for State Agencies › Section 142-A:1 - Definitions.

142-A:1 Definitions. –
In this chapter:
I. "Best available science" means findings of fact carefully and impartially derived from the application of the scientific method and based upon all of the available information, published and unpublished alike. Best available science does not require that state agencies have all of the data or perfect data before reaching a decision.
II. "Best medical and public health practice" means programs, interventions, treatments, or policies that through experience and experiment have been evaluated and shown to be generally applicable to reducing the risk of human-acquired arboviral illness.
III. "Best management practices" mean techniques, methods, processes, or activities that through experience and best available science have proven to be the most effective and practical means of managing mosquito populations, while minimizing adverse impacts.
IV. "Commissioner" means the commissioner of the department of health and human services.
V. "Department" means the department of health and human services.
Source.
2008, 290:2, eff. June 27, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 142-A - Mosquito Control Policy for State Agencies › Section 142-A:2 - Mosquito Control Policy; Principles.

142-A:2 Mosquito Control Policy;  Principles. –
I. Mosquitoes can harbor organisms and infect people with diseases that pose a serious risk to the public health. When an increased threat of disease is discovered through surveillance, a state agency may select targeted control of mosquitoes as a measure to reduce human health risk.
II. The mosquito control policy is based on the public health principle of primary prevention, meaning that disease prevention through public awareness, continuing education, and personal responsibility shall take precedence over the use of pesticide-based mosquito control measures.
III. Because authority for monitoring and treatment of mosquito populations exists at the local level, maximum benefit to the public is achieved when local, state, and federal mosquito control policies are applied in a clear, consistent, and coordinated manner.
IV. The control of mosquitoes on state lands requires a careful balance between the state's obligation to protect the health and wellbeing of the public and the state's interest in protecting those lands as expressed by the missions of the various state agencies that have been assigned responsibilities for land management.
V. Mosquito control should always be based on the best available science. Recognizing that there are uncertainties in scientific information, mosquito control shall be based on best medical and public health practice.
VI. The mosquito control policy for state agencies established in this chapter is also intended to serve as a voluntary guideline for mosquito control on lands held by other property owners.
VII. State agencies managing land shall allow mosquito control and abatement activities to occur in accordance with local mosquito control plans developed pursuant to RSA 141-C when the department has notified the appropriate agency managing state land that a public health threat declaration under RSA 141-C:25 is in effect, or has previously been in effect within the last 3 years, for the affected municipality or mosquito control district in accordance with RSA 142-A:3.
VIII. Notwithstanding RSA 142-A:3, VI, nothing in this chapter shall prohibit state agencies managing land from considering, in accordance with applicable law and rules, pesticides or other control measures not specifically identified in RSA 142-A:3.
Source.
2008, 290:2. 2011, 260:1, eff. Sept. 11, 2011.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:1 - Food Defined.

143:1 Food Defined. –
For the purpose of this chapter the term food shall include all articles used for food, drink, confectionery or condiment, whether simple, mixed or compound, and all substances and ingredients used in the preparation thereof.
Source.
1911, 15:2. PL 137:1. RL 162:1.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:2 - Unsanitary Conditions.

143:2 Unsanitary Conditions. –
The existence or maintenance of any unclean, unhealthful or unsanitary condition or practice in any establishment or place where food is produced, manufactured, stored or sold, or in any car or vehicle used for the transportation or distribution thereof, is forbidden.
Source.
1911, 15:1. PL 137:2. RL 162:2.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:3 - Defined.

143:3 Defined. –
Unclean, unhealthful or unsanitary conditions or practices shall be deemed to exist if the floors, sidewalls and ceilings are not properly constructed and maintained; or if food in the process of production, storage, sale or distribution is unnecessarily exposed to flies, dust or dirt, or to the products of decomposition or fermentation incident to such production, storage, sale or distribution; or if any person is permitted to use as a sleeping room any place where food is prepared for sale, stored, served or sold; or if any employer shall knowingly permit or suffer any person who is affected with tuberculosis or any other communicable disease to work in such place; or if there is any other condition or practice which endangers the wholesomeness of food.
Source.
1911, 15:2. PL 137:3. RL 162:3.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:4 - Inspections.

143:4 Inspections. –
The department of health and human services or its inspectors, or special agents designated for that purpose, shall have full power and authority at all times to enter and inspect every building, room, or other place occupied or used for the production, storage, sale, or distribution of food, and all utensils and appurtenances relating thereto. The department may determine the focus and frequency of inspections and shall use a risk-based approach in consideration of available resources to prioritize inspections.
Source.
1911, 15:3. PL 137:4. RL 162:4. RSA 143:4. 1983, 291:1, I. 1995, 310:181, eff. Nov. 1, 1995. 2017, 87:2, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:5 - Orders.

143:5 Orders. –
In the event that a person infected with any communicable disease is employed, or if structural alterations are necessary for the protection of food products as herein required, the commissioner of the department of health and human services shall issue an order prohibiting the employment of such person, or requiring such structural changes as in the opinion of the commissioner are necessary. Such order shall be transmitted by registered mail, and the receipt of the post office department therefor shall be prima facie evidence of its receipt by the person affected.
Source.
1911, 15:3. 1915, 23:1. PL 137:5. RL 162:5. RSA 143:5. 1995, 310:182, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:5-a - Closure.

143:5-a Closure. –
I. The commissioner of the department of health and human services may order immediate:
(a) Closure of any establishment or place where food is produced, manufactured, stored, or sold; or
(b) Discontinuance of use of any car or vehicle used for transportation or distribution of food;
when the physical condition of the establishment, car, or vehicle is such that the health and safety of the public is endangered by unsanitary conditions.
II. The procedure to be followed to effectuate closure under RSA 143:5-a, I shall be as follows:
(a) Whenever an inspector of the department of health and human services finds an establishment or vehicle which is believed to be an imminent danger to the health and safety of the public, he shall immediately notify his supervisor of the situation. Upon such notification, the supervisor shall so notify the commissioner of the department of health and human services.
(b) The commissioner of the department of health and human services shall determine, on the basis of the information provided:
(1) Whether immediate closure is warranted; or
(2) Whether the supervisor or another inspector shall immediately view the situation to corroborate the severity of the danger; or
(3) Whether further information is needed.
(c) If the commissioner of the department of health and human services determines that closure is necessary, he or his designee shall orally notify the manager or owner of the closure. The oral notification shall be followed by a written notification, which shall specify the reasons for the closure, the corrective action required prior to reopening, and the rights and options of the owner under the provisions of RSA 541-A relating to adjudicative proceedings for contested cases.
III. Upon notification under RSA 143:5-a, II(c) and request by the manager or owner of any establishment closed under RSA 143:5-a, I, the department of health and human services shall reinspect the premises for the purposes of reopening. Reinspection shall occur within 48 hours of the request. Reopening of the premises shall be allowed immediately following notification by the inspector to the commissioner of the department of health and human services that the conditions causing closure have been corrected and no longer constitute an imminent health danger.
IV. The department of health and human services shall use the provisions of RSA 541-A:31-36 in any adjudicative proceedings and hearings resulting from closures.
Source.
1985, 376:1. 1994, 412:12. 1995, 310:181, 182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:6 - Administration and Rulemaking.

143:6 Administration and Rulemaking. –
I. The commissioner of the department of health and human services shall adopt rules pursuant to RSA 541-A, necessary for the enforcement of this chapter. It shall be the duty of local boards of health to assist in carrying out the provisions of this chapter.
II. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to:
(a) Licenses, license classes, and fees under RSA 143:11 and RSA 143:12.
(b) Bottle sterilization and sanitation under RSA 143:16.
(c) Review of plans for shellfish certificates, shellfish establishments, certificate classifications, and records required by RSA 143:22.
(d) Revocation of shellfish certificates under RSA 143:23-25.
(e) A schedule of administrative fines which may be imposed under RSA 143:7-a for violation of this chapter or the rules adopted pursuant to it.
(f) Procedures for notice and hearing prior to the imposition of an administrative fine imposed under RSA 143:7-a.
(g) [Repealed.]
Source.
1911, 15:4. PL 137:6. 1927, 6:1. RL 162:6. RSA 143:6. 1985, 190:74. 1986, 106:3. 1991, 355:31. 1995, 310:99, 182. 1999, 307:1-4, eff. Sept. 14, 1999. 2009, 144:203, eff. July 1, 2009. 2012, 171:26, VI, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:6-a - Sugar Packets and Containers.

143:6-a Sugar Packets and Containers. –
No establishment which serves food or drink to the public with or without charge shall provide sugar except in individually wrapped packets or in covered containers from which sugar is poured through a hole not more than
3/8 of an inch in diameter.
Source.
1971, 331:1, eff. Sept. 23, 1971.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:7 - Penalty.

143:7 Penalty. –
Whoever violates any of the provisions of this subdivision, or fails to comply with the lawful orders and requirements of the commissioner of the department of health and human services duly made as herein provided, shall be guilty of a violation.
Source.
1911, 15:5. PL 137:7. RL 162:7. RSA 143:7. 1973, 531:25. 1995, 310:182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:7-a - Administrative Fines.

143:7-a Administrative Fines. –
The commissioner of the department of health and human services, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The commissioner shall adopt rules in accordance with RSA 541-A relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the general fund.
Source.
1991, 355:32. 1995, 310:182, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:8 - Disposal of Fines.

143:8 Disposal of Fines. –
All fines collected for the violation of RSA 143 shall be paid to the state.
Source.
1911, 15:6. PL 137:8. RL 162:8. 2017, 87:9, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:9 - Beverages and Beverage Concentrates.

143:9 Beverages and Beverage Concentrates. –
The term "beverage" as used in this subdivision shall include all still and carbonated drinks; fruit juices and all beverages compounded therefrom; all bottled waters, whether for medicinal or table use; and all packaged liquids intended for use in the manner of drink. Milk and unmixed products thereof, and 100 percent apple cider retailed exclusively by the producer or manufacturer direct, are not included. The term "beverage" as used in this subdivision, shall not apply to a beverage as defined in RSA 175:1, VIII. The term "beverage concentrate" as used in this subdivision shall include all concentrated fruit juices, fruit-flavored and other syrups, and compounds and mixtures in concentrated liquid form, put up in packages for retail sale and which are intended as a basis for the preparation of a beverage. Flavoring extracts for general culinary use are not included.
Source.
1933, 13:1. RL 162:11. 1997, 155:1, eff. Aug. 8, 1997. 2023, 145:8, eff. Aug. 29, 2023.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:10 - License Required.

143:10 License Required. –
No person, firm or corporation shall, within the state, put up for sale in package form any beverage without having obtained a license, to be issued by the department of health and human services. Any New Hampshire beverage manufacturers offering product direct to consumer that hold a valid food service license under RSA 143-A from the from the department or from a self-inspecting municipality shall not be required to obtain a separate license under this chapter.
Source.
1925, 107:1. PL 137:9. 1933, 13:2. RL 162:12. RSA 143:10. 1983, 291:1, I. 1995, 310:181, eff. Nov. 1, 1995. 2023, 145:9, eff. Aug. 29, 2023.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:12 - Registration by Nonresident Vendors.

143:12 Registration by Nonresident Vendors. –
No beverage or beverage concentrate, for retail sale, manufactured out of the state, shall be sold or offered for sale within the state unless the same has first been registered by its manufacturer or by the manufacturer's agent with the department of health and human services. Such registration shall be in form similar to that provided in RSA 143:11 and shall be issued subject to suspension, revocation, and cancellation as elsewhere specified in this subdivision for licenses. An annual registration fee established by rule under RSA 143:6, II(a), to defray the cost of inspection and analysis of all the products of the same manufacturing plant, shall be paid to the department of health and human services by the manufacturer, importer, agent, or vendor.
Source.
1925, 107:2. PL 137:11. 1931, 62:1. RL 162:14. RSA 143:12. 1977, 563:17. 1983, 291:1, I. 1995, 308:21, eff. July 3, 1995; 310:181, eff. Nov. 1, 1995. 2009, 144:204, eff. July 1, 2009.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:13 - Revocation of Licenses, Etc.

143:13 Revocation of Licenses, Etc. –
In case any establishment, or any part thereof, licensed hereunder shall be deemed by the commissioner of the department of health and human services to be conducted in an insanitary manner, or there shall be any practice deemed in violation of any law, or of any legally adopted rule or regulation of the commissioner, it shall be the duty of the commissioner to notify the licensee or registrant concerned, and in case the required changes in conditions, methods, composition or branding are not effected within a reasonable time, to close such establishment or part thereof, or to suspend, revoke or cancel the license or registration accordingly as the commissioner may deem expedient.
Source.
1925, 107:3. PL 137:12. RL 162:15. RSA 143:13. 1995, 310:182, 183, eff. Nov. 1, 1995.