reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-B - Sale of Liquid Fuels › Section 339-B:6 - Mixing Fuels of Different Manufacturers.

339-B:6 Mixing Fuels of Different Manufacturers. –
No person shall mix, blend or compound the liquid fuels, lubricating oils, greases or similar products of a manufacturer or distributor with the products of any other manufacturer or distributor, or adulterate the same, and expose, offer for sale, or sell such mixed, blended or compounded products under the trade name, trademark or name or other distinguishing mark of either of said manufacturer or distributor, or as the unadulterated products of such manufacturer or distributor; provided, however, that nothing herein shall prevent the lawful owner thereof from applying its own trademark, trade name, or symbol to any product or material.
Source.
1971, 404:1, eff. Aug. 28, 1971.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-B - Sale of Liquid Fuels › Section 339-B:7 - Mixing Fuels of Same Manufacturer.

339-B:7 Mixing Fuels of Same Manufacturer. –
It is unlawful for any person to mix, blend, compound or adulterate the liquid fuel, lubricating oil, grease, or similar product of a manufacturer or distributor with a liquid fuel, lubricating oil, grease or similar product of the same manufacturer or distributor of a character or nature different from the character or nature of the liquid fuel, lubricating oil, grease or similar product so mixed, blended, compounded or adulterated, and expose for sale, offer for sale, or sell the same as the unadulterated product of such manufacturer or distributor, or as the unadulterated product of any other manufacturer or distributor. Nothing in this chapter shall be construed to prevent the lawful owner of such products from applying his own trademark, trade name or symbol to any product or material.
Source.
1971, 404:1, eff. Aug. 28, 1971.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-B - Sale of Liquid Fuels › Section 339-B:8 - Gasoline Sales.

339-B:8 Gasoline Sales. –
It shall be unlawful for any person operating a retail gasoline station to:
I. Display, or allow to be displayed on his premises, any sign, placard, or other advertisement relating to the retail price of gasoline unless numerals thereon indicating fractions or portions of a whole number are at least half the size of the largest whole number on such sign, and no such price of gasoline shall be advertised without the tax included.
II. Post a different price at one pump for the same grade of gasoline as is dispensed from another pump when both pumps are supplied from a common storage at the same service station and when the gasoline dispensed from both is represented to be and is sold as the same quality of gasoline; provided, however, that this paragraph shall not prohibit such price differences between a self-service and an attendant-operated pump supplied from a common storage as described hereinabove.
Source.
1971, 404:1, eff. Aug. 28, 1971.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-B - Sale of Liquid Fuels › Section 339-B:9 - Conspiracy Prohibited.

339-B:9 Conspiracy Prohibited. –
No person shall aid or assist any other person in violating any of the provisions of this chapter, by depositing or delivering into any tank, pump, receptacle, or other container, any liquid fuels, lubricating oils, greases or other like products, other than those intended to be stored therein, as indicated by the name of the manufacturer or distributor, or the trademark, trade name, name or other distinguishing mark of the product displayed on the container itself or on the pump or other distributing device used in connection therewith, or shall by any other means aid or assist another in the violation of any of the provisions of this chapter.
Source.
1971, 404:1, eff. Aug. 28, 1971.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-B - Sale of Liquid Fuels › Section 339-B:10 - Rules.

339-B:10 Rules. –
The department of agriculture, markets, and food shall enforce the provisions of this chapter. The commissioner of agriculture, markets, and food may adopt rules, under RSA 541-A, as necessary for the proper enforcement of this chapter. The commissioner shall issue stop sale orders when any product stored, sold, offered or exposed for sales is not permanently and conspicuously labeled as provided in this chapter. Any such illegal product shall be placed under written stop sale order, directed to the owner or custodian, and held by the commissioner of agriculture, markets, and food or his representative, at a place to be designated in the stop sale order, until properly labeled by the owner or custodian and released in writing by the commissioner of agriculture, markets, and food or his representative.
Source.
1971, 404:1. 1985, 300:13. 1987, 406:5. 1995, 130:4, 5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-B - Sale of Liquid Fuels › Section 339-B:11 - Effect of Stop Sale Order.

339-B:11 Effect of Stop Sale Order. –
The attachment of a stop sale order to any improperly labeled product is notice and warning to all persons whomsoever, including, but not limited to, the owner or custodian, to scrupulously refrain from moving, altering, or interfering in any manner with any such product, or altering, defacing, or in any way interfering with the stop sale order or permitting the same to be done by another, except with the consent of the commissioner of agriculture, markets, and food or his representative.
Source.
1971, 404:1. 1985, 300:14. 1987, 406:6. 1995, 130:5, eff. July 23, 1995.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-B - Sale of Liquid Fuels › Section 339-B:12 - Penalty for Violations.

339-B:12 Penalty for Violations. –
Any person who shall violate any of the provisions of RSA 339-B shall be guilty of a misdemeanor and for a subsequent offense be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1971, 404:1. 1973, 528:239, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-B - Sale of Liquid Fuels › Section 339-B:13 - Duties of Suppliers.

339-B:13 Duties of Suppliers. –
Any fuel supplier who installs a fuel heating system, at the request of a property owner, where a fuel oil heating system already exists, shall be responsible for the following:
I. Securely capping both ends of all fill pipes connected to the fuel tank or taking such other measures as are reasonably designed to render the fill pipes inoperable; and
II. Providing a written recommendation to the property owner, prior to the date of conversion, that he notify the fuel oil dealer that a conversion shall take place for the purpose of terminating deliveries of fuel oil to the premises.
Source.
1992, 263:6, eff. July 17, 1992.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-B - Sale of Liquid Fuels › Section 339-B:14 - Definitions.

339-B:14 Definitions. –
In this subdivision:
I. "Liquefied petroleum gas" means any material that is composed predominantly of any of the following hydrocarbons or mixtures of those hydrocarbons:
(a) Propane.
(b) Propylene.
(c) Normal Butane.
(d) Isobutane.
(e) Butylenos.
II. "Owner" means any person who holds title to a liquefied petroleum gas container.
Source.
1992, 263:6, eff. July 17, 1992.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-B - Sale of Liquid Fuels › Section 339-B:15 - Unlawful Use of Containers.

339-B:15 Unlawful Use of Containers. –
No person except the owner, or a person authorized in writing by the owner, shall fill or refill a liquefied petroleum gas container with a capacity of or greater than 100 pounds with a liquefied petroleum gas or any other gas or substance.
Source.
1992, 263:6, eff. July 17, 1992.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-B - Sale of Liquid Fuels › Section 339-B:16 - Penalties.

339-B:16 Penalties. –
Any person, firm or corporation, or any officer, agent, servant or employee thereof, who violates the provisions of RSA 339-B:13-339-B:15 shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.
Source.
1992, 263:6, eff. July 17, 1992.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:1 - Definitions.

339-C:1 Definitions. –
In this chapter:
I. "Agreement" means any written agreement between a supplier and a dealer under which the dealer is granted the right to use a trademark, trade name, service mark or other identifying symbol or name owned by the supplier.
II. "Commission agent" means a person who receives remuneration for his services in the form of a commission. The commission may be in the form of a percentage, a set fee, or a rate.
III. "Dealer" means any person who is not a petroleum supplier and who is engaged in the retail sale of gasoline to the motoring public in the state under agreements entered into with a petroleum supplier.
IV. "Distributor" means a person, other than a major oil company, who is engaged in commerce in the state, marketing petroleum products through the sale, consignment or distribution of such products to wholesale and retail accounts.
V. "Franchise" means the right of a dealer to operate a business under an agreement, and shall include both dealers who own and dealers who lease the premises on which the franchise is operated.
VI. "Major brand" means the trademark name of a company's product which is sold, consigned, or distributed and which is controlled or owned by a supplier.
VII. "Person" means an individual, corporation, business trust, estate, trust, partnership, unincorporated association, 2 or more of the foregoing having a joint or common interest, or any other legal or commercial entity.
VIII. "Retail service station" means any service station, garage, or retail outlet which sells automotive gasoline and diesel fuel to the general public for ultimate consumption.
IX. "Secondary brand" means the trademark name of a second brand owned and controlled by a supplier and which is sometimes used as an alternative operating brand name under certain circumstances.
X. "Special modification" means a temporary adjustment of the normal rental rate.
XI. "Supplier" means any person, other than a distributor, engaged in the sale, consignment or distribution of petroleum products to retail service stations.
XII. "Unbranded station" means any retail service station, which sells gasoline under a private label trade name.
Source.
1974, 24:1. 1983, 456:1, eff. Oct. 1, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:2 - Agreements Regulated.

339-C:2 Agreements Regulated. –
This chapter shall apply to agreements pertaining to the sale of gasoline and related products when (a) more than 20 percent of the dealer's gross sales are covered by such agreement and (b) such gross sales covered by such agreement are more than $25,000 yearly.
Source.
1974, 24:1, eff. June 1, 1974.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:3 - Supplier's Disclosure to Dealer.

339-C:3 Supplier's Disclosure to Dealer. –
A supplier shall disclose in writing to any prospective dealer the following information, before any agreement is concluded:
I. The gallonage volume history, if any, of the location under negotiation for and during the 3 year period immediately past or for the entire period which the location has been supplied by the supplier, whichever is shorter.
II. The name and last known address of the previous dealers for the last 3 years, or for the entire period during which the location has been supplied by the supplier, whichever is shorter, and the reason for the termination of each dealer's agreement.
III. Any legally binding commitments for the sale, demolition or other disposition of the location in effect prior to the termination date of the agreement.
IV. The training programs, if any, and the specific goods and services the supplier will provide without cost to the dealer.
V. Full disclosure of any and all obligations which will be required of the dealer, including, but not limited to, any obligation to exclusively deal in any of the products of the supplier, its subsidiaries or any other company or any advertising and promotional items that the dealer must accept.
VI. Full disclosure of all restrictions on the sale, transfer, renewal and termination of the agreement.
Source.
1974, 24:1, eff. June 1, 1974.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:4 - Supplier's Right to Terminate Agreement.

339-C:4 Supplier's Right to Terminate Agreement. –
I. A supplier who enters into an agreement for the purpose of conducting a gas station business, which may include a lease with options to renew said agreement or to renew said lease if one is included, may terminate, cancel or refuse to renew such agreement or lease, by submitting notice to the dealer at least 90 days before the effective date of such termination, cancellation or refusal to renew.
II. A supplier shall not impose any conditions on a dealer which are not stated in the agreement between the parties, unless mutually amended or modified.
III. Grounds for termination, cancellation or refusal to renew an agreement or lease which are not contained in the agreement between the supplier and the dealer may be decided by negotiation between the supplier and the dealer or any negotiating agent designated by the dealer.
IV. Abandonment of a franchise for more than 2 weeks by the dealer shall constitute waiver by the dealer of any rights under this section.
Source.
1974, 24:1, eff. June 1, 1974.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:5 - Repurchase by Supplier Upon Termination.

339-C:5 Repurchase by Supplier Upon Termination. –
In the event of any termination, cancellation or refusal to renew, whether by mutual agreement or otherwise, a supplier shall make or cause to be made an offer in good faith to repurchase from the dealer at then current wholesale prices any and all merchantable products purchased by said dealer from the supplier; provided, however, that in such event, the supplier shall have the right to apply the proceeds against any existing indebtedness owed to him by the dealer and further provided that such repurchase obligation is conditioned upon there being no other claims or liens against such products by or on behalf of other creditors of the dealer. Any deposit held by the supplier is to be returned to said dealer within 120 days from the date of termination, cancellation, or refusal to renew the agreement or lease, in the event of no prior claims or liens.
Source.
1974, 24:1, eff. June 1, 1974.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:6 - Dealer Trade Associations.

339-C:6 Dealer Trade Associations. –
No supplier shall hinder, coerce or threaten any dealer for the purpose of preventing him from joining any trade association made up of dealers. Dealers shall have a right to select bargaining agents to negotiate and deal with suppliers on matters having to do with their supplier-dealer relationship. Suppliers shall be obliged to bargain in good faith with agents so selected by the dealers. Such bargaining activity shall be pursued to the maximum extent permitted by law.
Source.
1974, 24:1, eff. June 1, 1974.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:7 - Dealer's Action for Damages; Attorney Fees.

339-C:7 Dealer's Action for Damages;  Attorney Fees. –
I. A dealer may bring an action for damages sustained as a result of:
(a) Failure to make such disclosures as are required in RSA 339-C:3; or
(b) Failure to make an offer in good faith to repurchase as required in RSA 339-C:5; or
(c) Wrongful termination of or refusal to renew his agreement as set forth in RSA 339-C:4; or
(d) Any violation of RSA 339-C:6.
II. The remedy provided for in this section is in addition to all other remedies available under contract or as provided by law or equity, including injunctive relief. If the court finds that the violation of this chapter has been wilful, the court may allow reasonable attorney fees.
Source.
1974, 24:1, eff. June 1, 1974.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:8 - Void Agreement Provisions.

339-C:8 Void Agreement Provisions. –
Any of the following provisions in an agreement or lease, if one is included, whether oral or written, between a supplier and dealer, shall be void as against public policy:
I. Provisions requiring a dealer to take part in any advertising or promotional campaigns which will require the dealer to accept any posters, stamps, tickets, gifts, bonuses, premiums, or any other promotional items; or
II. Provisions requiring a dealer to restrict the time spent on the repair and maintenance of automobiles in the course of business; or
III. Provisions requiring a dealer to purchase any products of the supplier other than gasoline or diesel fuel. The dealer may, however, agree to accept such products on consignment, but not exclusive as to like products; or
III-a. Provisions restricting a dealer from reusing motor oil or waste oil for heating purposes; or
IV. Provisions requiring a dealer to assent to any release, assignment, novation, waiver, or estoppel which would relieve any person from liability imposed by this chapter.
Source.
1974, 24:1. 1990, 88:1, eff. June 9, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:9 - Limitation of Actions.

339-C:9 Limitation of Actions. –
No action may be brought under this chapter for a cause of action which arose more than one year prior to the date such action is brought.
Source.
1974, 24:1, eff. June 1, 1974.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:10 - Prohibited Agreements.

339-C:10 Prohibited Agreements. –
No agreement between a supplier and a dealer may provide that a dealer's franchise shall be terminated upon the death of the dealer if the dealer has designated a successor as provided for in this subdivision.
Source.
1983, 456:2, eff. Oct. 1, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:11 - Designation of Successor.

339-C:11 Designation of Successor. –
The dealer may designate a successor who shall be either the dealer's surviving spouse or adult child. The successor shall meet the reasonable qualifications then required of dealers by the supplier for the operation of a franchise.
Source.
1983, 456:2, eff. Oct. 1, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:12 - Primary and Alternate Successor.

339-C:12 Primary and Alternate Successor. –
A dealer may designate one primary and one alternate successor. If the dealer designates an alternate successor, the alternate successor shall have no rights under this subdivision unless the primary successor notifies the alternate successor within 21 days of the death of the dealer that the primary successor does not intend to send written notice of intent to assume and operate the franchise. Either the primary successor or the alternate successor, whichever is to assume and operate the franchise, shall give notice of election within the 21 day period required in RSA 339-C:13 if he wishes to assume control as provided in this subdivision.
Source.
1983, 456:2, eff. Oct. 1, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:13 - Election to Assume a Franchise.

339-C:13 Election to Assume a Franchise. –
A designated successor is allowed 21 days after the death of the dealer to send written notice to the supplier of an election to assume and operate the franchise. The notice shall contain information reasonably required by the supplier regarding business experience and financial responsibility. The successor shall offer to assume the franchise 3 days, not including Saturdays, Sundays or state holidays, after the election and shall begin operation of the franchise within 7 days after it has been assumed.
Source.
1983, 456:2, eff. Oct. 1, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:14 - Deposit for Rent; Discharge of Franchise Obligations.

339-C:14 Deposit for Rent;  Discharge of Franchise Obligations. –
I. A supplier may require a dealer designating a successor to deposit with the supplier a sum equal to a reasonable estimate of 21 days' rent to the supplier. This deposit, if made, may be used only to compensate the supplier if the designated successor does not assume the franchise within the time required under RSA 339-C:13.
II. If any portion of the deposit is not used because the successor gives notice of election to assume the franchise within the 21 day period after the dealer's death or because the supplier temporarily operates the franchise during the 21 day period, the supplier shall refund the unused portion to the estate or legal representative of the dealer.
III. In addition to requiring a deposit under paragraph I, the supplier may require the dealer designating a successor to arrange for the discharge or performance of other franchise obligations, including, but not limited to, insurance payments. The supplier may not require the dealer to arrange for the service station to be kept open to the public during the 21 days following his death. Failure of a franchise to operate after the death of a dealer and before a successor has assumed control and operation shall not constitute an abandonment of the franchise under RSA 339-C:4, IV.
Source.
1983, 456:2, eff. Oct. 1, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:15 - Extent of Successor's Franchise.

339-C:15 Extent of Successor's Franchise. –
The franchise available to the successor under this subdivision shall be no more or less than the franchise held by the dealer at the time of his death. This subdivision is not intended to expand or diminish the rights of suppliers or dealers under state or federal law.
Source.
1983, 456:2, eff. Oct. 1, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:16 - Operation of Franchise After Dealer's Death.

339-C:16 Operation of Franchise After Dealer's Death. –
I. Unless the supplier agrees otherwise in writing, a franchise shall not be operated after the death of a dealer by anyone other than the supplier for its own account until all parts of the franchise have been expressly assumed as provided in this subdivision.
II. Assumption of a franchise includes, but is not limited to:
(a) Lease or leases;
(b) Products agreements;
(c) Loaned equipment agreements;
(d) Federal and state environmental law compliance agreements; and
(e) Required licenses or tax permits.
III. A supplier may operate a franchise by contract or otherwise for its own account after the death of a dealer and before the operation of the franchise by the dealer's successor. Under these circumstances, the supplier shall have no obligation to the heirs or estate of the dealer or to the successor, except that the supplier must account to the heirs or the estate of the dealer for:
(a) The unused portion of any prepaid rent;
(b) Unused sums prepaid by the dealer for any reason; and
(c) Any physical inventory salvaged from the franchise and used or sold by the supplier.
Source.
1983, 456:2, eff. Oct. 1, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:17 - Account Required of Successor.

339-C:17 Account Required of Successor. –
If a successor assumes a franchise and there has been no intervening operation of the franchise by the supplier, the successor shall account to the heirs or estate of the dealer for the value of and for the disposition of personal property of the dealer located at or related to the franchise.
Source.
1983, 456:2, eff. Oct. 1, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:18 - Time Within Which Performance is Required.

339-C:18 Time Within Which Performance is Required. –
All actions to be performed by a supplier or by a successor shall be performed within a reasonable time unless otherwise specifically provided in this subdivision.
Source.
1983, 456:2, eff. Oct. 1, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:19 - Supplier's Consent to Sale of Franchise.

339-C:19 Supplier's Consent to Sale of Franchise. –
I. Notwithstanding the terms of any franchise, a supplier may not refuse to consent to the sale, transfer or assignment of a franchise by a dealer unless:
(a) The proposed purchaser, transferee or assignee:
(1) Has less business experience and training than that normally required by the supplier of prospective dealers;
(2) Has fewer financial resources than those normally required;
(3) Does not satisfy uniform requirements, if any, required by the supplier of prospective dealers at the time of the proposed sale, transfer or assignment; or
(4) Operates a franchise under an agreement with a supplier other than the supplier to whom the sale, transfer or assignment is proposed if the supplier requires that prospective dealers not operate under an agreement with another supplier; or
(b) The dealer has not offered in writing to sell, transfer or assign the franchise to the supplier on terms and conditions which are the same as those of the proposed sale, transfer or assignment, and the dealer has allowed the supplier at least 30 days in which to accept or decline his offer prior to the sale, transfer or assignment of the franchise.
II. Notwithstanding the terms of any franchise which is held by a corporation, a supplier shall consent to the sale, transfer or assignment of a franchise by a dealer if:
(a) The dealer has a controlling interest in the corporation; or
(b) The dealer offers in writing to guarantee personally the corporation's performance of its obligations under the franchise.
Source.
1983, 456:2, eff. Oct. 1, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:20 - Transfer Fee.

339-C:20 Transfer Fee. –
If a supplier consents to a proposed sale, transfer or assignment of a franchise, the supplier may require the dealer to pay a transfer fee to the supplier. The transfer fee shall be reasonable in relationship to the sale price of the franchise and shall not exceed one percent of the gross sale price. The transfer fee may not be required to frustrate a proposed sale, transfer or assignment.
Source.
1983, 456:2, eff. Oct. 1, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:21 - Restraint of Trade.

339-C:21 Restraint of Trade. –
I. Notwithstanding RSA 339-C:19, a supplier may refuse to consent to the sale, transfer or assignment of a franchise if the transaction would result in restraint of trade in the sale of petroleum products.
II. For the purposes of this section, trade in the sale of petroleum products is presumed to be restrained if, as a result of the transaction, the proposed purchaser, transferee or assignee would sell on the average more than:
(a) Five percent of the petroleum products sold in the county in which the dealer's premises are located; or
(b) Ten percent of the petroleum products sold under the supplier's trademark, trade name or logo in the county in which the dealer's premises are located.
Source.
1983, 456:2, eff. Oct. 1, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:22 - Hours of Operation.

339-C:22 Hours of Operation. –
No agreement between a dealer and a supplier shall require a dealer to keep his retail service station open for business any specified number of hours per day or any specified number of days per week.
Source.
1983, 456:2, eff. Oct. 1, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-C - Regulation of Gasoline Franchises › Section 339-C:23 - Void Terms.

339-C:23 Void Terms. –
The terms of any franchise entered into after October 1, 1983, shall be void if they conflict with any provision of this subdivision or RSA 339-C:10 through 17.
Source.
1983, 456:2, eff. Oct. 1, 1983.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-D - Petroleum Inventories › Section 339-D:1 - Definitions.

339-D:1 Definitions. –
For the purposes of this chapter:
I. "Person" means any individual, firm, partnership, corporation, association, trust and any other legal entity.
II. "Petroleum product" means propane, gasoline, unleaded gasoline, kerosene, #2 heating oil, diesel fuel, kerosene base jet fuel and #4, 5 and 6 residual oil for utility and non-utility uses.
III. "Primary storage facility" or "facility" means any facility or terminal which receives petroleum products for holding within the state by ship, barge or pipeline.
Source.
1979, 432:1, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-D - Petroleum Inventories › Section 339-D:2 - Duty of Governor's Council on Energy.

339-D:2 Duty of Governor's Council on Energy. –
The director of the governor's council on energy shall have the authority to collect and keep on file inventory and product delivery data as delineated by RSA 339-D:3 from persons owning or leasing petroleum product primary storage facilities.
Source.
1979, 432:1, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-D - Petroleum Inventories › Section 339-D:3 - Inventory Reporting.

339-D:3 Inventory Reporting. –
I. Upon request of the director of the governor's council on energy, any person owning or leasing petroleum product primary storage facilities shall file a report on the first and fifteenth calendar days of each month or on the first working day thereafter with the director setting forth an inventory of petroleum stored at and expected to be delivered to the facilities. The director shall provide a form for the recording of the information, which form shall require the following information:
(a) The total inventory of each petroleum product stored at the facilities; such inventory shall be made within 3 days prior to the reporting date;
(b) The anticipated quantity of each petroleum product to be delivered to the facilities within 15 days after the reporting date; and
(c) Any other delivery data the director considers necessary.
II. All reports filed pursuant to this section shall be an exempt record and confidential pursuant to RSA 91-A:5, IV, and shall be maintained for the sole and confidential use of the director of the governor's council on energy, except that the reports may be disclosed to the appropriate energy agency or department of another state with substantially similar confidentiality statutes or regulations with respect to such reports.
Source.
1979, 432:1, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-D - Petroleum Inventories › Section 339-D:4 - Remedies; Enforcement.

339-D:4 Remedies;  Enforcement. –
I. If any person, in violation of the provisions of this chapter, knowingly fails to file complete and accurate reports with the director of the governor's council on energy, the director may petition the superior court for injunctive relief. The director shall be represented by the attorney general. Such petition may be filed in the superior court of the county in which the defendant resides, or if such defendant is a nonresident, in the superior court of any county in which he does business.
II. Upon a finding by the court that a violation of this chapter has occurred, the court may grant such relief as it deems necessary and, in addition, may impose a fine of an amount not exceeding $5,000 for each violation.
Source.
1979, 432:1, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-E - Sales Representatives and Post-Termination Commissions › Section 339-E:1 - Definitions.

339-E:1 Definitions. –
In this chapter:
I. "Commission" means compensation paid a sales representative by a principal, the rate of which is expressed as a percentage of the dollar amount of orders or sales of the principal's product.
II. "Principal" means a person who manufactures, produces, imports or distributes a product for sale to customers who purchase the product for resale; uses a sales representative to solicit orders for such product; and compensates individuals who solicit orders, in whole or in part, by commission.
III. "Sales representative" means an individual other than an employee, who contracts with a principal to solicit orders and who is compensated, in whole or in part, by commission but shall not include one who places orders or purchases exclusively for his own account for resale.
IV. "Termination" means the end of services performed by the sales representative for the principal by discharge, resignation, or death.
Source.
1989, 244:1. 1990, 185:1, eff. June 26, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-E - Sales Representatives and Post-Termination Commissions › Section 339-E:2 - Contract.

339-E:2 Contract. –
I. A sales representative and a principal shall enter into a written contract for services to be performed within this state by a sales representative. The written contract entered into pursuant to this section shall contain provisions which establish:
(a) The form of payment and the method by which such payment is to be computed and paid;
(b) Reasonable length of notice which either party must provide to the other for termination of the contract;
(c) The number of calendar days, up to a maximum of 45 days, after the date of termination or notification of death when all commissions due shall be paid; and
(d) Any other terms and conditions which the parties agree to include in such contract.
II. The principal shall provide the sales representative a signed copy of a written contract entered into pursuant to this section.
III. A provision in the contract establishing venue for an action arising under the contract in a state other than this state is void.
Source.
1989, 244:1. 1990, 185:2, eff. June 26, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-E - Sales Representatives and Post-Termination Commissions › Section 339-E:3 - Damages.

339-E:3 Damages. –
The party who fails to comply with a provision of a contract entered into under RSA 339-E:2 relating to payment of a commission is liable in a civil action for damages, plus reasonable attorney's fees and costs. The court may award exemplary damages of up to 3 times the commission owed in an action brought under this chapter.
Source.
1989, 244:1. 1997, 218:1, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-E - Sales Representatives and Post-Termination Commissions › Section 339-E:4 - Jurisdiction.

339-E:4 Jurisdiction. –
A principal who is not a resident of this state who enters into a contract with a sales representative subject to this chapter shall be considered to be doing business in this state for purposes of the exercise of personal jurisdiction over the principal.
Source.
1989, 244:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-E - Sales Representatives and Post-Termination Commissions › Section 339-E:5 - Other Remedies; Combination of Claims.

339-E:5 Other Remedies;  Combination of Claims. –
Nothing in this chapter shall invalidate or restrict any other or additional right or remedy available to a sales representative, or preclude a sales representative from seeking to recover in one action on all claims against a principal.
Source.
1989, 244:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-E - Sales Representatives and Post-Termination Commissions › Section 339-E:6 - No Waivers by Contract.

339-E:6 No Waivers by Contract. –
A provision in any contract between a sales representative and a principal purporting to waive any provision of this chapter, whether by expressed waiver or by a contract subject to the laws of another state, shall be void.
Source.
1989, 244:1, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-F - Reduced Cigarette Ignition Propensity › Section 339-F:1 - Definitions.

339-F:1 Definitions. –
In this chapter:
I. "Agent" means any person licensed by the department of revenue administration to purchase and affix adhesive or meter stamps on packages of cigarettes.
II. "Cigarette" means any roll for smoking made wholly or in part of tobacco, and wrapped in any material except tobacco.
III. "Commissioner" means the commissioner of safety.
IV. "Manufacturer" means:
(a) Any entity which manufactures or otherwise produces cigarettes or causes cigarettes to be manufactured or produced anywhere that such manufacturer intends to be sold in the state, including cigarettes intended to be sold in the United States through an importer; or
(b) The first purchaser anywhere that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or
(c) Any entity which becomes a successor of an entity described in subparagraph (a) or (b).
V. "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall 95 percent of the time.
VI. "Retailer" means any person who sells tobacco products to consumers, and any vending machine in which tobacco products are sold.
VII. "Sale" or "sell" means any transfer, whether by bargain, gift, exchange, barter, or otherwise.
VIII. "Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment related problems do not affect the results of the testing. This program ensures that the testing repeatability remains within the required repeatability values stated in RSA 339-F:3, V for all test trials used to certify cigarettes in accordance with this chapter.
IX. "Vending machine operator" means any person operating one or more tobacco vending machines on property or premises other than his or her own.
X. "Wholesaler" means any person doing business in this state who shall purchase all of his or her unstamped tobacco products directly from a licensed manufacturer, and who shall sell all of his or her products to licensed wholesalers, subjobbers, vending machine operators, retailers, and those persons exempt from the tobacco tax under RSA 78:5.
Source.
2006, 195:1, eff. Oct. 1, 2007. 2019, 178:4, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-F - Reduced Cigarette Ignition Propensity › Section 339-F:2 - General Requirements.

339-F:2 General Requirements. –
I. On and after October 1, 2007, no cigarettes shall be sold or offered for sale in this state unless:
(a) The cigarettes have been tested in accordance with the test method prescribed in RSA 339-F:3.
(b) The cigarettes meet the performance standard specified in RSA 339-F:4.
(c) A written certification has been filed by the manufacturer with the commissioner and the New Hampshire department of justice in accordance with RSA 339-F:6.
(d) The cigarettes are marked in accordance with RSA 339-F:8.
II. Nothing in this chapter shall prohibit wholesalers or retailers from selling their inventory of cigarettes existing on October 1, 2007, provided that such wholesaler or retailer can establish that tax stamps were affixed to such cigarettes pursuant to RSA 78 prior to October 1, 2007, and provided further that such wholesaler or retailer can establish that such inventory was purchased prior to October 1, 2007 in comparable quantity to the inventory purchased during the same 12-month period of the prior year.
III. Consistent with RSA 78:10, nothing in this chapter shall be construed to prohibit any person or entity from selling or offering for sale cigarettes that have not been certified by the manufacturer in accordance with RSA 339-F:6 if such cigarettes are or will be stamped for sale in another state or are packaged for sale outside the United States.
IV. No person shall sell tobacco products through a vending machine in violation of this chapter.
Source.
2006, 195:1, eff. Oct. 1, 2007. 2019, 178:5, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-F - Reduced Cigarette Ignition Propensity › Section 339-F:3 - Test Method.

339-F:3 Test Method. –
I. Testing of cigarettes shall be conducted in accordance with the American Society of Testing and Materials ("ASTM") standard E2187-04, "Standard Test Method for Measuring the Ignition Strength of Cigarettes." The commissioner may adopt a subsequent ASTM Standard Test Method for Measuring the Ignition Strength of Cigarettes upon a finding that the subsequent method does not result in a change in the percentage of full-length burns exhibited by any tested cigarette when compared to the percentage of full-length burns the same cigarette would exhibit when tested in accordance with ASTM Standard E2187-04 and the performance standard in RSA 339-F:4.
II. Testing shall be conducted on 10 layers of filter paper.
III. Forty replicate tests shall comprise a complete test trial for each cigarette tested.
IV. The performance standard required by RSA 339-F:4 shall only be applied to a complete test trial.
V. Laboratories conducting testing in accordance with this section shall implement a quality control and quality assurance program that includes a procedure that will determine the repeatability of the testing results. The repeatability value shall be no greater than 0.19 pursuant to RSA 339-F:4.
VI. This section does not require additional testing if cigarettes are tested consistent with this chapter for any other purpose.
Source.
2006, 195:1, eff. Oct. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-F - Reduced Cigarette Ignition Propensity › Section 339-F:4 - Performance Standard.

339-F:4 Performance Standard. –
I. When tested in accordance with RSA 339-F:3, no more than 25 percent of the cigarettes tested in a test trial shall exhibit full length burns.
II. Each cigarette listed in a certification submitted pursuant to RSA 339-F:6 that uses lowered permeability bands in the cigarette paper to achieve compliance with the performance standard set forth in paragraph I shall have at least 2 nominally identical bands on the paper surrounding the tobacco column. At least one complete band shall be located at least 15 millimeters from the lighting end of the cigarette. For cigarettes on which the bands are positioned by design, there shall be at least 2 bands fully located at least 15 millimeters from the lighting end and 10 millimeters from the filter end of the tobacco column, or 10 millimeters from the labeled end of the tobacco column for non-filtered cigarettes.
III. The manufacturer of a cigarette that the commissioner determines cannot be tested in accordance with the test method prescribed in RSA 339-F:3 shall propose a test method and performance standard for such cigarette to the commissioner. Upon approval of the proposed test method and a determination by the commissioner that the performance standard proposed by the manufacturer is equivalent to the performance standard prescribed in paragraph I, the manufacturer may employ such test method and performance standard to certify such cigarette pursuant to RSA 339-F:6. If another state has enacted reduced cigarette ignition propensity standards, or similar requirements, that include a test method and performance standard for cigarettes, and if officials responsible for implementing those requirements have approved a manufacturer's proposed alternative test method and performance standard for a particular cigarette under a legal provision comparable to this paragraph, that manufacturer may employ that alternative test method and performance standard to certify that cigarette in this state, provided that the manufacturer obtains the approval of the commissioner, which shall not be unreasonably withheld. All other applicable requirements of this chapter shall apply to such manufacturer.
IV. This chapter shall be implemented in accordance with the substance of the New York Fire Safety Standards for Cigarettes, as amended.
Source.
2006, 195:1, eff. Oct. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXXI - Trade and Commerce › Chapter 339-F - Reduced Cigarette Ignition Propensity › Section 339-F:5 - Test Data.

339-F:5 Test Data. –
In order to ensure compliance with the performance standard specified in RSA 339-F:4, data from testing conducted by manufacturers to comply with this performance standard shall be kept on file by such manufacturers for a period of 3 years and shall be sent to the commissioner upon its request and to the department of justice upon its request.
Source.
2006, 195:1, eff. Oct. 1, 2007.