reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:1 - Standard Boxes.

434:1 Standard Boxes. –
Farm produce may be sold in or shipped from New Hampshire at either wholesale or retail in standard boxes, in original or unbroken form, and such standard boxes shall contain 2,162.89 cubic inches and shall be of the following dimensions by inside measurements: 17-
1/2 inches in length by 17-
1/2 inches in width and 7-
1/16 inches in depth. The New Hampshire standard half-box for farm produce shall contain 1,081.55 cubic inches and shall be of the following dimensions by inside measurements: 12-
3/8 inches in length by 12-
3/8 inches in width and 7-
1/16 inches in depth. When the above specified boxes are made of wood, the ends shall not be less than
5/8 of an inch and the sides and bottom not less than
3/8 of an inch in thickness. All such boxes and half-boxes of the dimensions specified herein shall be marked on at least one outer side in bold, uncondensed capital letters, not less than one inch in height: "Standard Box Farm Produce" and "Standard Half-Box Farm Produce," respectively. Except as above provided, farm produce shall be sold at wholesale or retail by avoirdupois weight, measure or numerical count.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:2 - Penalty.

434:2 Penalty. –
Whoever represents, by marking or otherwise, any box or half-box to be a standard box or standard half-box for the sale of farm produce, unless it conforms to the foregoing requirements, shall be guilty of a violation.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:3 - Enforcement of Provision.

434:3 Enforcement of Provision. –
The commissioner of agriculture, markets, and food shall enforce the provisions of RSA 434:1.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:4 - Repealed by 1989, 47:1, I, eff. June 18, 1989.

434:4 Repealed by 1989, 47:1, I, eff. June 18, 1989. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:5 - Repealed by 1989, 47:1, II, eff. June 18, 1989.

434:5 Repealed by 1989, 47:1, II, eff. June 18, 1989. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:6 - Repealed by 1989, 47:1, III, eff. June 18, 1989.

434:6 Repealed by 1989, 47:1, III, eff. June 18, 1989. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:7 - Weighing, By Dealer.

434:7 Weighing, By Dealer. –
A dealer in ice who, on request of the purchaser, refuses or neglects to weigh the same when delivered, or gives a false weight, shall be fined not more than $50.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:8 - Delivery from Vehicle.

434:8 Delivery from Vehicle. –
Whoever, having charge of the delivery of ice from a wagon, not being a dealer in ice, refuses to weigh the same on the request of the purchaser when it is delivered, or gives a false weight, shall be guilty of a violation.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:9 - Standards.

434:9 Standards. –
The commissioner of agriculture, markets, and food shall fix reasonable standards with respect to the amount of bone, slate, or other foreign substances which may be contained in anthracite coal or coke sold as standard coal or coke within this state. Such standards shall be set forth in an order or orders, and shall take effect at such time as shall be stated therein and remain in force until modified by the commissioner. In fixing such standards, due regard shall be had for the custom of the trade as carried on by reputable dealers, and the orders of the commissioner shall be designed to protect the public from imposition.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:10 - Sales.

434:10 Sales. –
No person shall offer for sale any anthracite coal or coke which does not comply with the standards fixed in accordance with RSA 434:9 without first notifying the purchaser of the character and quality of the coal or coke sold or offered for sale, and that the same does not comply with such standards.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:11 - Application of Law.

434:11 Application of Law. –
The provisions of this subdivision shall apply to all shipments, packages, containers, or displays in which potatoes are packed, distributed, sold, offered or exposed for sale except as herein otherwise provided.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:12 - Definitions.

434:12 Definitions. –
I. The word "persons" as used in this subdivision shall include individuals, corporations, companies, societies and associations. The act, omission or failure of an officer, agent, or other person acting for or employed by a corporation, company, society or association, within the scope of his employment or office, shall also be deemed to be the act, omission or failure of such corporation, company, society, or association.
II. "Grade" or "grades" shall mean the standards for potatoes established by the United States Department of Agriculture and adopted by the commissioner of agriculture, markets, and food as the official grades on potatoes for New Hampshire under the authority of RSA 426:1.
III. "Plainly and conspicuously" shall mean that the lettering used to cover information required by law on containers shall be legible enough so as not to be obscured by other markings or illustrations used. Printed or stamped terms shall be
3/8 inch or larger in height.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:13 - Marks on Containers.

434:13 Marks on Containers. –
Every shipment, package, or container containing potatoes which are packed, sold, distributed, offered or exposed for sale or distribution in the state by any person shall be plainly and conspicuously marked with the name and address of the packer, or the person by whose authority the potatoes are packed or distributed, and the proper grade of the potatoes contained therein. The party possessing the potatoes at any time shall be deemed responsible for the proper marking of the potatoes. On display racks or bins from which potatoes are sold in retail quantities, the proper grade shall be plainly and conspicuously shown, but the provision as to markings of name and address or person by whose authority the potatoes were packed shall not apply.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:14 - Exemptions.

434:14 Exemptions. –
Nothing in this subdivision shall be construed to prevent a grower from selling potatoes at his premises or his storage or delivering potatoes to a central packing house, processing plant, or storage without such marking, except that any potatoes displayed or offered for sale at the roadside shall be marked with the proper grade. Properly tagged certified seed potatoes are exempted from the provisions hereof.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:14-a - Stop Sale, Use or Removal Orders.

434:14-a Stop Sale, Use or Removal Orders. –
When the commissioner or his authorized agent has reasonable cause to believe potatoes are being distributed in violation of any of the provisions of this subdivision, or of any of the rules adopted under this subdivision, he may issue and serve a written "stop sale, use or removal" order upon the owner or custodian of any such potatoes. The potatoes shall not be sold, used or removed until the provisions of this subdivision have been complied with and the potatoes have been released by the commissioner or the violation has been otherwise disposed of as provided in this subdivision by a court of competent jurisdiction.
Source.
1985, 34:2, eff. June 8, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:15 - Advertising.

434:15 Advertising. –
All advertising of potatoes in which the price is given shall state the grade or grades of potatoes being advertised.
Source.
1985, 72:1. 1989, 31:1, eff. June 11, 1989.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:16 - Enforcement; Rulemaking.

434:16 Enforcement;  Rulemaking. –
The commissioner of agriculture, markets, and food shall enforce all of the provisions of this subdivision. He, either in person or by a duly authorized representative, shall have free access, ingress and egress during business hours to any place or any building where potatoes are packed, stored, transported, sold, offered or exposed for sale or for transportation. He may also, in person or by duly authorized representative, open any box, barrel, or other container and examine its contents, and may, upon tendering the market price, take samples therefrom. The commissioner shall adopt rules for carrying out the provisions of this subdivision.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:17 - Hearings.

434:17 Hearings. –
When the commissioner of agriculture, markets, and food learns of any violation of any of the provisions of this subdivision, he may cause notice of such violation together with the copy of his findings to be given the person or persons concerned. Persons so notified shall be afforded a hearing under rules adopted by the commissioner, under RSA 541-A.
Source.
1985, 72:1. 1991, 44:8. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:18 - Penalties.

434:18 Penalties. –
I. Any person who, by himself or by his servant or agent, violates any provision of this subdivision or rule adopted under this subdivision shall be guilty of a misdemeanor. For any subsequent offense, a person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. Any person who violates any provision of this subdivision or any rule adopted or order issued under this subdivision shall, in addition, be liable for a civil forfeiture not to exceed $5,000 for each violation, for each day of a continuing violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general.
III. Any person who violates any provision of this subdivision, or any rule or order of the commissioner, shall be subject to the imposition of an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
Source.
1985, 72:1. 1991, 44:9, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:19 - Official Grades.

434:19 Official Grades. –
The commissioner of agriculture, markets, and food shall adopt rules, pursuant to RSA 541-A, establishing official grades of apples packed or repacked within the state, and may from time to time by rule amend or modify such grades. Before establishing, amending or modifying any such grades, the commissioner shall consult with growers and shippers of apples relative to proposed grades, or, upon written petition of 10 or more growers producing annually an aggregate of not less than 100,000 bushels of apples, the commissioner shall, after reasonable notice specifying the date, place and purpose of the proposed hearing, hold a public hearing for the purpose of obtaining information with a view to establishing or amending or modifying as the case may be, such official grades. The grades so established shall include grades identical in name and requirements with all grades or standards of apples as promulgated from time to time by the Secretary of Agriculture of the United States and commonly known as the United States grades. The commissioner may, in an emergency and after consultation with representative growers, establish temporary grades, without holding a public hearing, but he shall indicate the period for which such temporary grades will be in effect. Apples not conforming to official grades, or, if conforming, not branded in accordance therewith, shall be considered "unclassified" and so branded. Each package shall be packed so that the apples in the shown face shall be reasonably representative in size, color and quality of the contents of the package.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:20 - Other Designations Forbidden.

434:20 Other Designations Forbidden. –
The marks indicating the grade as described in RSA 434:19 shall not be accompanied by any other designation of grade or brand which is inconsistent with the marks required by RSA 434:23.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:21 - Minimum Size; Term Defined.

434:21 Minimum Size;  Term Defined. –
The minimum size of all apples in all grades, except unclassified apples as defined in RSA 434:19, shall be marked upon the package and shall be determined by taking the transverse diameter of the smallest fruit in the package at right angles to the stem and blossom ends. Minimum sizes shall be stated in variations of
1/8 of an inch, such as 2 inches, 2-
1/8 inches, 2-
1/4 inches and so forth, in accordance with the facts.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:22 - Exception.

434:22 Exception. –
If apples are packed in diagonal, layer, cells, trays, or other count type packages the number of apples may be stated in place of the minimum size.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:23 - Certain Information to be Marked on Packages.

434:23 Certain Information to be Marked on Packages. –
Each package of apples packed or repacked within the state and intended for sale within or without the state shall be marked or branded except as otherwise provided at the time of packing, repacking or closing with a statement of (a) the quantity of the contents, (b) the name and address of the person by whose authority the apples were packed, (c) the true name of the variety, (d) the official grade or the term "unclassified", and (e) the minimum size or count of the apples contained therein in accordance with RSA 434:19, 21 and 22; except that when offered for sale at retail only the variety, grade and size or count need to be so marked and one sign giving this information, prominently displayed with the apples so offered, may be substituted for the statements otherwise required for individual packages. If the true name of the variety is not known to the packer or other person by whose authority the apples are packed, the statement shall include the words "variety unknown". If apples are repacked, the package shall bear the name and address of the person by whose authority it is repacked in place of that of the person by whose authority it was originally packed.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:24 - Special Closed Packages.

434:24 Special Closed Packages. –
Notwithstanding the provisions of RSA 434:23, the commissioner of agriculture, markets, and food may, by authorization of the agricultural advisory board and after public hearing, adopt rules as to the information to be marked on packages of apples enclosed in sealed bags or containers made of transparent material.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:25 - Sales Advertisements.

434:25 Sales Advertisements. –
All sales advertisements by radio, television, newspaper, or other medium, open bulk display signs, and printed sales statements shall state the variety, official grade, size of apples, or the term "unclassified" whenever the price is shown, stated or written in connection with the sale of apples.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:26 - Controlled Atmosphere.

434:26 Controlled Atmosphere. –
No person shall sell or exchange or offer or expose for sale or exchange or transport for sale any apples represented as having been exposed to "controlled atmosphere", "modified atmosphere", alone or with other words, or shall so use any such term or form of words or symbols of similar import on any container or lot of apples advertised, sold, offered for sale or transported for sale within this state unless such apples have been kept in a room or storage building with not more than 5 percent oxygen for a minimum of 60 days. A record on a form approved by the commissioner shall be kept at a convenient location adjacent to the room or storage building from the day of sealing to the day of opening of the room or storage building, and shall be subject to review by the commissioner or the commissioner's authorized agents at any time for a period of at least one year.
Source.
1985, 72:1. 1997, 136:1, eff. June 9, 1997.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:27 - Markings.

434:27 Markings. –
All markings shall be conspicuous, clear and legible.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:28 - Misbranded Apples; Term Defined.

434:28 Misbranded Apples;  Term Defined. –
For the purpose of this subdivision, sales advertisements or any package of apples packed or repacked within or without the state shall be deemed to be misbranded unless conforming to the requirements of the preceding sections of this subdivision, or to rules adopted by the commissioner of agriculture, markets, and food; provided that no package shall bear any statement, design or device regarding such article or its contents which in any particular shall be false or misleading or falsely branded.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:28-a - Stop Sale, Use or Removal Orders.

434:28-a Stop Sale, Use or Removal Orders. –
When the commissioner or his authorized agent has reasonable cause to believe apples are being distributed in violation of any of the provisions of this subdivision, or of any of the rules adopted under this subdivision, he may issue and serve a written "stop sale, use or removal" order upon the owner or custodian of any such apples. The apples shall not be sold, used or removed until the provisions of this subdivision have been complied with and the apples have been released by the commissioner or the violation has been otherwise disposed of as provided in this subdivision by a court of competent jurisdiction.
Source.
1985, 34:1, eff. June 8, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:29 - Administrative Authority.

434:29 Administrative Authority. –
The commissioner of agriculture, markets, and food shall adopt rules for carrying out the provisions of this subdivision. He shall, in person or by his deputy or agent, have free access at all reasonable hours to any place, building, or vehicle in which apples are packed, stored, sold, offered, or exposed for sale or held for transportation. He shall also have power, in person or by his deputy or agent, to open any box, barrel, or other container and may, upon tendering the market price, take such container and its contents or samples therefrom. He shall have general authority to administer and enforce the provisions of this subdivision and the rules adopted under this subdivision, and to prosecute violations thereof.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:30 - Hearings.

434:30 Hearings. –
When the commissioner learns of any violation of any provision of this subdivision he shall cause notice of such violation, together with a copy of the findings, to be given to the person or persons concerned. Persons so notified shall be afforded a hearing under rules adopted by the commissioner, under RSA 541-A. Affidavits under oath may be received by the commissioner of agriculture, markets, and food.
Source.
1985, 72:1. 1991, 44:10. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:31 - Penalties.

434:31 Penalties. –
I. Any person who, by himself or by his servant or agent, violates any provision of this subdivision or rule adopted under this subdivision shall be guilty of a misdemeanor. For any subsequent offense, a person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. Any person who violates any provision of this subdivision or any rule adopted or order issued under this subdivision shall, in addition, be liable for a civil forfeiture not to exceed $5,000 for each violation, for each day of a continuing violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general.
III. Any person who violates any provision of this subdivision, or any rule or order of the commissioner, shall be subject to the imposition of an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
Source.
1985, 72:1. 1991, 44:11, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:32 - Repealed by 2012, 114:6, III, eff. July 1, 2012.

434:32 Repealed by 2012, 114:6, III, eff. July 1, 2012. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:33 - Definitions.

434:33 Definitions. –
As used in this subdivision:
I. [Repealed.]
II. "Commissioner" means the commissioner of agriculture, markets, and food.
III. "Distributor" means any person engaged within this state in selling, offering for sale, marketing or distributing apples which he has purchased or acquired from a producer or other person or which he is marketing on behalf of a producer or other person, whether as owner, agent, employee, broker or otherwise, but shall not include a retailer, except such retailer who purchases or acquires from, or handles on behalf of any producer or other person, apples subject to regulation by the marketing agreement or order covering apples.
IV. "Handler" means any person engaged in the operation of packing, grading, selling, offering for sale or marketing any marketable apples, who as owner, agent or otherwise ships or causes apples to be shipped.
V. "Marketing agreement" means an agreement entered into, with the approval of the commissioner, by producers with distributors, processors and handlers regulating the preparation, sale and handling of apples.
VI. "Marketing order" means an order issued by the commissioner pursuant to this subdivision governing the marketing for processing, the distributing, the sale of, or the handling in any manner of any apples sold in this state during any specified period.
VII. "Processor" means any person engaged within this state in processing, or in the operation of receiving, grading, packing, canning, freezing, dehydrating, fermenting, distilling, extracting, preserving, grinding, crushing, or in any other way preserving or changing the form of apples for the purpose of marketing apples, but shall not include a person engaged in manufacturing another and different product from apples.
VIII. "Producer" means any person engaged within this state in the business of producing, or causing to be produced, for any market 500 bushels or more of apples.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995. 2010, 368:28, VIII, eff. Dec. 31, 2010.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:35 - Marketing Agreements and Marketing Orders; Not Concurrent.

434:35 Marketing Agreements and Marketing Orders;  Not Concurrent. –
I. The execution of any marketing agreement shall in no manner affect the issuance, administration or enforcement of any marketing order provided for in this subdivision.
II. The commissioner may issue such marketing order without executing a marketing agreement or may execute a marketing agreement without issuing a marketing order covering apples.
III. The commissioner, in his discretion, may hold a concurrent hearing upon a proposed marketing agreement and a proposed marketing order in the manner provided for giving due notice and opportunity for hearing for a marketing order as provided in this subdivision.
IV. The commissioner shall require the applicants petitioning for the issuance, amendment or termination of any marketing order to deposit with the commissioner such amount of money as he deems to be necessary to defray the expenses of preparing, amending or terminating a marketing order.
V. In the event the marketing order is adopted, amended or terminated by the producers participating in the referendum provided for in RSA 434:34, III, the commissioner shall reimburse to such applicant any unexpended moneys collected as a deposit pursuant to paragraph IV.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:36, 434:37 - Repealed by 2017, 195:4, eff. Sept. 3, 2017.

434:36, 434:37 Repealed by 2017, 195:4, eff. Sept. 3, 2017. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:38 - Repealed by 2010, 368:1(30), eff. Dec. 31, 2010.

434:38 Repealed by 2010, 368:1(30), eff. Dec. 31, 2010. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:39 - Hearings.

434:39 Hearings. –
The commissioner may call for hearings as required by this subdivision by giving interested parties 10 days' notice which states the time, place and purpose of the scheduled hearing.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:40 - Rulemaking.

434:40 Rulemaking. –
The commissioner shall adopt under RSA 541-A such rules as are necessary to carry out the purposes of this subdivision.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:40-a - Definitions.

434:40-a Definitions. –
In this subdivision:
I. "Cider" means the unfermented juice of apples.
II. "Commissioner" means the commissioner of the department of agriculture, markets, and food.
III. "Person" means any individual, firm, company, partnership, corporation, association, cooperative, business trust, or legal entity of any kind.
Source.
1994, 14:1. 1995, 130:4, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:40-b - Manufacture and Sale.

434:40-b Manufacture and Sale. –
The commissioner may adopt rules, pursuant to RSA 541-A, relative to the manufacture, blending, labeling, and sale of cider in New Hampshire. Such rules shall be designed to ensure the following:
I. That any cider which is claimed or implied to have been produced in New Hampshire is in fact produced in New Hampshire.
II. That the term "cider" have a specific commercial definition in New Hampshire, and that the term's commercial use in New Hampshire be restricted to the sale of products which fall under that definition.
III. That all other terms used in the labeling and sale of cider and cider blends in New Hampshire be consistent and clear.
IV. That any container of cider sold in New Hampshire bears a label which clearly identifies its producer, and which conspicuously and accurately describes its contents.
V. That unpasteurized cider may be sold within the state if such cider is clearly labeled as unpasteurized.
Source.
1994, 14:1. 2001, 137:2, eff. Aug. 28, 2001.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:40-c - Prohibitions.

434:40-c Prohibitions. –
It shall be unlawful in New Hampshire to manufacture, sell, or distribute cider or any product called "cider" by any means that violate any of the provisions of this subdivision, or any of the rules adopted under this subdivision.
Source.
1994, 14:1, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:40-d - Administrative Authority; Inspectors; Rulemaking.

434:40-d Administrative Authority;  Inspectors;  Rulemaking. –
The commissioner shall have general authority to administer and enforce the provisions of this subdivision and may adopt rules pursuant to RSA 541-A as are necessary to carry out the purposes of this subdivision. The commissioner or duly authorized agent shall have free access at all reasonable hours to any place, building or vehicle in which apple cider is manufactured, sold, offered, or exposed for sale or exchanged or distributed at retail or wholesale. The commissioner or duly authorized agent shall have authority to open any package or container, and may upon tendering the market price take such container and its contents or sample from the package or container.
Source.
1994, 14:1, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:40-e - Stop Sale, Use or Removal Orders.

434:40-e Stop Sale, Use or Removal Orders. –
When the commissioner or duly authorized agent has reasonable cause to believe cider is being distributed in violation of any of the provisions of this subdivision, or any of the rules adopted under this subdivision, the commissioner or duly authorized agent may issue and serve a written "stop sale, use or removal" order upon the owner or custodian of any such cider. The cider shall not be sold, used or removed until the provisions of this subdivision have been complied with and the cider has been released by the commissioner or duly authorized agent or the violation has been otherwise disposed of as provided in this subdivision by a court of competent jurisdiction.
Source.
1994, 14:1, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:40-f - Hearings.

434:40-f Hearings. –
When the commissioner learns of any violation of any provision of this subdivision, notice of such violation, together with a copy of the findings, shall be given to the person or persons concerned. Persons so notified shall be afforded a hearing under rules adopted by the commissioner. Affidavits under oath may be received by the commissioner.
Source.
1994, 14:1, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:40-g - Penalties.

434:40-g Penalties. –
I. Any person who violates any provision of this subdivision or rule adopted under this subdivision shall be guilty of a misdemeanor. For any subsequent offense, a person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. Any person who violates any provision of this subdivision or any rule adopted or order issued under this subdivision shall, in addition, be liable for a civil forfeiture not to exceed $5,000 for each violation, for each day of a continuing violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general.
III. Any person who violates any provision of this subdivision, or any rule or order of the commissioner, shall be subject to the imposition of an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
Source.
1994, 14:1, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:40-h - Repealed by 2012, 114:6, IV, eff. July 1, 2012.

434:40-h Repealed by 2012, 114:6, IV, eff. July 1, 2012. –
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:41 - License.

434:41 License. –
Every person who purchases milk or cream from producers within this state, to be either resold as milk or cream or manufactured into other dairy products, shall first obtain a license and give security in accordance with RSA 434:44 and 45; provided that no resident person, association or corporation making such purchases and sales shall be required to give security as long as payment for such purchases is made on or before the tenth day of each calendar month for milk and cream purchased and delivered during the first half of the previous month and on or before the twenty-fifth day of each calendar month for milk and cream purchased and delivered during the last half of the previous month; and provided further that satisfactory evidence of payment is filed with the commissioner on the tenth and twenty-fifth days of each calendar month; and provided further that any nonresident person, association or corporation making such purchases and sales shall not be required to give security as long as payment for such purchases is made weekly; and provided further that satisfactory evidence of payment is filed with the commissioner at the time payment is made to the producer; and provided further that the provisions of this section shall not apply to a producer-dealer making such purchases from not more than 2 producers within the state or to a farmer cooperative organized under the laws of this or any other state.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:42 - Application.

434:42 Application. –
Every applicant for a license shall file with the commissioner of agriculture, markets, and food a statement showing:
I. The full name and address of the dealer, if an individual.
II. If it is a partnership, the full names and addresses of all partners, and their respective interests in the firm.
III. If it is an association, the full names and addresses of all members of the association, a copy of the articles of association, a list of all officers of the association and a copy of any bylaws or regulations thereof attested by its clerk or secretary.
IV. If it is a corporation, a copy of its charter or articles of agreement, a copy of its bylaws or regulations and a copy of such portions of its records as show the extent of its paid up capital, a list of its stockholders and their respective holdings, a list of its officers and a statement showing its financial condition, all of which shall be signed by the president, treasurer and secretary or clerk of the corporation.
V. A complete statement of all real estate within this state, owned by such applicant, and of the incumbrances thereon, which shall also contain the place and details of the record of the applicant's title to it.
VI. A statement of the amount of such business done by the applicant, within this state, during each month of the year preceding such application.
VII. Such further information relative to its organization or past business, or the proposed course of future business, as the commissioner of agriculture, markets, and food may require.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:43 - Power of Attorney as Condition.

434:43 Power of Attorney as Condition. –
All residents giving bond, as provided under RSA 434:45, and all nonresidents shall, prior to receiving such a license, file with the secretary of state a power of attorney, appointing the secretary the applicant's agent for receiving service of process, returnable to any court within this state; and shall also file a copy of such power of attorney with the commissioner of agriculture, markets, and food.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:44 - Issuance; Renewal.

434:44 Issuance;  Renewal. –
Upon the filing of the statement required by RSA 434:42, power of attorney, if any is required, the depositing of bond, mortgage or other security, and the payment of a license fee of $20, the commissioner of agriculture, markets, and food shall license such applicant to make such purchases from producers within the state until the next August 1 if the applicant is found by the commissioner to have sufficient real estate within the state, or has filed sufficient other security, for the protection of those from whom such applicant purchases the aforesaid products. Such license may upon application be renewed annually on August 1 upon payment of a like fee and filing of such bond, mortgage or other security as the commissioner deems necessary.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:45 - Security.

434:45 Security. –
Any applicant not having sufficient real estate shall be permitted to furnish security by a bond signed by such applicant and some surety company authorized to do business in the state or such other security as the commissioner of agriculture, markets, and food may approve. The security provided shall be equal to the average monthly gross value of milk purchased from New Hampshire producers during the previous calendar year. Bonds or such other security must be filed with the commissioner of agriculture, markets, and food 30 days prior to the renewal date of the license.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:46 - Additional Security.

434:46 Additional Security. –
The commissioner of agriculture, markets, and food may require such licensee to furnish detailed statements of the business transacted by such licensee; and may require the licensee to furnish further bond whenever in the opinion of the commissioner it becomes necessary for the protection of resident creditors of such licensee.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:47 - Selling Realty.

434:47 Selling Realty. –
Any licensee whom the commissioner of agriculture, markets, and food has accredited with security consisting of real estate shall, before conveying or incumbering said real estate, notify the commissioner and shall comply with such order as to furnishing bond in lieu of such real estate as he may make before selling or incumbering said realty.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:48 - Powers of Commissioner of Agriculture, Markets, and Food.

434:48 Powers of Commissioner of Agriculture, Markets, and Food. –
In administering this subdivision, the commissioner of agriculture, markets, and food shall have the power to adopt rules, subpoena and examine under oath producers, distributors and any other person, their books, records, documents, correspondence and accounts, as he deems necessary to carry out the purposes and intent of this subdivision.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:49 - Statements of Quantity.

434:49 Statements of Quantity. –
At the time payment is made for purchases of milk or cream, such licensee shall furnish to each payee a statement of the quantity delivered or furnished by him during the period covered by the payment so made, together with the price allowed for the same.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:50 - Forfeiture of Security.

434:50 Forfeiture of Security. –
If such licensee for the space of one day after the date upon which the payment of the several amounts due his vendors became due fails to pay the amount due for milk or cream delivered or furnished by such creditor, such licensee shall by reason of such nonpayment be in default as to all patrons whose accounts shall then remain unpaid, and the bond or other security provided for under RSA 434:45 shall be forfeited to the extent of all sums then due from such licensee to his several patrons in this state. By virtue of such default the conditions of such bond or other securities shall be deemed to be broken.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:51 - Commissioner to be Trustee.

434:51 Commissioner to be Trustee. –
All bonds, mortgages or other securities required and furnished under the provisions of this subdivision shall be given to the commissioner as trustee of the person furnishing the same, for each and all of the patrons in this state, and shall be conditioned for the faithful performance of such person of all the acts prescribed for, and all the conditions imposed upon, such person by this subdivision.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:52 - Proceedings for Recovery.

434:52 Proceedings for Recovery. –
Upon breach of the condition of a bond, mortgage, or other security, the commissioner of agriculture, markets, and food may, upon his own motion or upon application by a patron of a person whose account for products furnished such licensee remains unpaid as provided under RSA 434:50, institute appropriate proceedings thereon in his name as trustee for the benefit of all of the patrons of such licensee in this state to whom such licensee may be indebted at the time such proceeding is instituted. Such proceedings may be commenced in any county in this state where a patron of such licensee resides.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:53 - Service on Secretary of State.

434:53 Service on Secretary of State. –
Whenever suit is instituted upon any such bond, service shall be made upon the secretary of state, as the resident agent of nonresident and bonded resident licensees, and there shall be given to him, by the sheriff serving the same, an extra copy of the writ or document served, together with $.25 for filing and docketing the same.
Source.
1985, 72:1, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title XL - Agriculture, Horticulture and Animal Husbandry › Chapter 434 - Marketing and Grading of Certain Commodities › Section 434:54 - Suspension of License.

434:54 Suspension of License. –
Upon breach of the condition of a bond, mortgage or other security, as provided in RSA 434:52 or failure to comply with the provisions of RSA 434:41 relative to furnishing satisfactory evidence of payments for purchases of milk or cream, the commissioner of agriculture, markets, and food may suspend the license of such licensee for such time as he may deem necessary.
Source.
1985, 72:1. 1995, 130:5, eff. July 23, 1995.