reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:26 - Penalty.

143-A:26 Penalty. –
I. Any person who identifies, harvests, or distributes wild mushrooms without having a license to do so as required by this subdivision may be subject to an administrative fine levied by the commissioner of the department not to exceed $1,000 for each violation.
II. The department may issue a cease and desist order to any person selling mushrooms in violation of this subdivision at a farm stand, farmers market, food service establishment, or retail food store.
III. A food service establishment or retail food store within this state licensed under this chapter that violates this subdivision may be subject to an administrative fine levied by the department of health and human services not to exceed $1,000 per violation.
IV. A food service establishment or retail food store within this state licensed under this chapter that distributes wild mushrooms in violation of this subdivision may be subject to an administrative fine levied by the department of health and human services not to exceed $1,000 per violation.
Source.
2021, 70:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:27 - Duties; Department of Health and Human Services.

143-A:27 Duties;  Department of Health and Human Services. –
The department shall:
I. Maintain a database of all wild mushroom identifier, harvester, and distributor licensees. Such database shall be available to the public on the department's Internet site.
II. Approve training courses and licensing exams for tier 1 and tier 2 mushroom identifier, harvester, and distributor licenses.
III. Develop an education and notification program for food service licensees on the wild mushrooms approved for harvest and sale on the tier 1 and tier 2 lists, including but not limited to photos of such mushrooms.
Source.
2021, 70:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:28 - Rulemaking.

143-A:28 Rulemaking. –
The department shall adopt rules under RSA 541-A relative to:
I. The content of the required educational courses for persons applying for a tier 1 or tier 2 mushroom identifier, harvester, and distributor license, including identification of mushrooms, appropriate locations from which to harvest mushrooms, the safe handling and storage of mushrooms, record keeping requirements, and ethics of harvesting; and which shall contain no less than 12 hours of in-person instruction with a mandatory online preparation module.
II. The content of the required educational course for persons applying to renew a tier 1 or tier 2 mushroom harvester and distributor license.
III. The content of an abbreviated course which shall contain no less than 4 hours of in-person training which shall be offered for experienced identifiers, harvesters, and distributors who demonstrate competency to the department. Experienced identifiers, harvesters, and distributors may apply to the department for such course.
IV. A list of tier 1 mushrooms which are easy to identify, with no toxic look-alikes, and which are unlikely to cause illness in humans.
V. A list of tier 2 mushrooms which are more difficult to identity, which may have toxic look-alikes, or may make a small percentage of humans ill.
VI. The content and format of application forms, testing materials and procedures.
VII. The content of testing material and test taking procedures.
VIII. Evidence of licensure.
IX. The content of the database for mushroom identifier, harvester, and distributor licensees.
X. Qualifications for trainers and instructors for educational courses for tier 1 and tier 2 mushroom identifier, harvester, and distributor license.
XI. A fine schedule for violations of this subdivision.
Source.
2021, 70:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146 - Purity and Branding of Foods and Drugs; Immature Veal › Section 146:4 - Adulterated Drugs, Devices.

146:4 Adulterated Drugs, Devices. –
A drug or device shall be deemed to be adulterated in the following cases:
I. (1) If it consists in whole or in part of any filthy, putrid, or decomposed substances; or (2) if it has been produced, prepared, packed or held under insanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health; or (3) if it is a drug and its container is composed, in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or (4) if (a) it is a drug and it bears or contains for purposes of coloring only, a color additive which is unsafe within the meaning of RSA 146:21; or (b) it is a color additive, the intended use of which in or on drugs is for the purpose of coloring only, and it is unsafe within the meaning of RSA 146:21.
II. If it purports to be or is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in such compendium. Such determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in such compendium, or in the absence of or inadequacy of such tests or methods of assay, those prescribed under authority of the federal act. No drug defined in an official compendium shall be deemed to be adulterated under this paragraph because it differs from the standard of strength, quality, or purity therefor set forth in such compendium, if its difference in strength, quality, or purity from such standard is plainly stated on the label.
III. If it is not subject to the provisions of paragraph II of this section and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess.
IV. If it is a drug and any substance has been (1) mixed or packed therewith so as to reduce its quality or strength; or (2) substituted wholly or in part therefor.
V. If it is a drug and the methods used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with good manufacturing practice to assure that such drug meets the requirements of this chapter as to safety and has the identity and strength, and meets the quality and purity characteristics, which it purports or is represented to possess.
Source.
1907, 48:3. PL 139:5. RL 164:5. 1953, 51:4. RSA 146:4. 1963, 193:5. 1969, 164:4, eff. July 21, 1969.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146 - Purity and Branding of Foods and Drugs; Immature Veal › Section 146:6-a - Repealed by 1981, 153:2, II, eff. July 28, 1981.

146:6-a Repealed by 1981, 153:2, II, eff. July 28, 1981. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146 - Purity and Branding of Foods and Drugs; Immature Veal › Section 146:6-b - Repealed by 1981, 153:2, III, eff. July 28, 1981.

146:6-b Repealed by 1981, 153:2, III, eff. July 28, 1981. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146 - Purity and Branding of Foods and Drugs; Immature Veal › Section 146:7 - Cosmetics Adulterated.

146:7 Cosmetics Adulterated. –
A cosmetic shall be deemed to be adulterated in the following cases:
I. If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual: provided, that this provision shall not apply to coal-tar hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution-This product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness," and the labeling of which bears adequate directions for such preliminary testing. For the purposes of this paragraph and paragraph V the term "hair dye" shall not include eyelash dyes or eyebrow dyes.
II. If it consists in whole or in part of any filthy, putrid, or decomposed substance.
III. If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.
IV. If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.
V. If it is not a hair dye or it is, or it bears or contains, a color additive which is unsafe within the meaning of RSA 146:21.
Source.
1953, 51:8, par. 9-a. RSA 146:7. 1963, 193:7, eff. July 1, 1963.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146 - Purity and Branding of Foods and Drugs; Immature Veal › Section 146:8 - Cosmetics Misbranded.

146:8 Cosmetics Misbranded. –
A cosmetic shall be deemed to be misbranded in the following cases:
I. If its label is false or misleading in any particular.
II. If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: provided, that under clause (2) of this paragraph reasonable variations shall be permitted and exemptions as to small packages shall be established by rules adopted by the commissioner.
III. If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
IV. If its container is so made, formed, or filled as to be misleading.
V. If it is a color additive, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under the provisions of the federal act. This paragraph shall not apply to packages of color additives which, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes, as defined in the last sentence of RSA 146:7, I.
Source.
1953, 51:8, par. 9-b. RSA 146:8. 1963, 193:8. 1985, 190:78. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146 - Purity and Branding of Foods and Drugs; Immature Veal › Section 146:9 - False Advertisement.

146:9 False Advertisement. –
I. An advertisement of food, drug, device or cosmetic shall be deemed to be false, if it shall be false or misleading in any particular. Any statement either directly or indirectly implying that the product is recommended or endorsed by any agency of the federal or state government shall be considered misleading, unless the agency concerned has approved the statement prior to its use.
II. The advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, chloecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia or venereal disease, shall also be deemed to be false; except that no advertisement not in violation of paragraph I of this section shall be deemed to be false under this section if it shall be disseminated only to members of the medical, dental or veterinary profession, or shall appear only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices; provided, whenever the commissioner shall agree that an advance in medical science has made any type of self-medication safe as to any of the diseases named above, the commissioner shall, by regulation, authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the commissioner may deem necessary in the interests of public health; provided, this section shall not be construed as indicating that self-medication for disease other than those named herein is safe or efficacious.
Source.
1953, 51:8, par. 9-c. RSA 146:9. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146 - Purity and Branding of Foods and Drugs; Immature Veal › Section 146:10 - Guaranty to Dealer.

146:10 Guaranty to Dealer. –
No dealer shall be convicted of a violation of the provisions of this chapter when he can establish a guaranty signed by a wholesaler, jobber, manufacturer or other party residing in the United States, from whom he received in good faith such articles, to the effect that the same in original or unbroken packages is not adulterated or misbranded within the meaning hereof, unless it shall appear that such dealer knew the same to be in fact adulterated or misbranded within the meaning hereof. The provisions of this section shall not apply in the case of food and drugs, devices and cosmetics, subject to deterioration if the court finds that the adulteration has occurred after delivery to, and has resulted from negligence on the part of, the dealer.
Source.
1907, 48:5. PL 139:10. 1929, 45:6. RL 164:10. 1949, 129:1. 1953, 51:1, eff. Mar. 30, 1953.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146 - Purity and Branding of Foods and Drugs; Immature Veal › Section 146:11 - Enforcement; Rules; Inspections.

146:11 Enforcement;  Rules;  Inspections. –
I. The department of health and human services is charged with the enforcement of this chapter. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, necessary for the proper enforcement thereto, including as a part of said rules, when not inconsistent with existing laws, the adoption of such definitions and standards of identity, standards of quality or fill of container as may from time to time be promulgated under the federal food, drug and cosmetic act, and may similarly adopt regulations promulgated under the federal meat inspection act. The commissioner shall cause inspections to be made of the quality, condition, and branding of foods and drugs, devices, or cosmetics, found on sale, possessed for sale, or in process of manufacture or distribution, and shall collect samples for analysis in its laboratories. The commissioner shall compile a formulary of the 200 most frequently prescribed types of medication of prescription drugs giving both brand and generic names, if any, and cause such formulary to be distributed to all pharmacies and drug stores, physicians, and medical students in the state. All inspectors and other employees appointed by the commissioner shall be permitted access at all reasonable hours to all places of business concerned in the manufacture, production, transportation, distribution, and sale of foods and drugs, devices, or cosmetics; shall have power to open and examine any package or container of any kind containing, or believed to contain, any article of food or drug, devices, or cosmetics, which may be manufactured, distributed, sold, or possessed for sale in violation of the provisions of this chapter; and may take samples therefrom for analysis, tendering to the manufacturer, distributor or vendor the value thereof.
II. The commissioner of the department of health and human services shall adopt rules pursuant to RSA 541-A relative to:
(a) Definitions and standards of identity for determining misbranding of foods under RSA 146:5.
(b) Requirements for labeling and packaging of drugs and devices under RSA 146:6.
(c) Exemptions for small packages under RSA 146:8, II.
(d) Advertisement of drugs and devices under RSA 146:9, II.
(e) Enforcement procedures and administrative fines for violations of rules concerning additives to fresh produce. Such fines shall not exceed $200 for a first violation and shall not exceed $500 for each subsequent offense.
(f) A schedule of administrative fines which may be imposed under RSA 146:18-a for violation of this chapter or the rules adopted pursuant to it.
(g) Procedures for notice and hearing prior to the imposition of an administrative fine imposed under RSA 146:18-a.
Source.
1907, 48:7. PL 139:12. 1929, 45:7. 1941, 80:1. RL 164:12. 1951, 25:6. 1953, 51:1. RSA 146:11. 1973, 373:2. 1983, 291:1, I. 1985, 190:79. 1990, 168:1. 1991, 355:37. 1995, 310:181-183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146 - Purity and Branding of Foods and Drugs; Immature Veal › Section 146:13 - Maple Products.

146:13 Maple Products. –
No person shall sell, expose for sale, exchange, barter, deal in or have in his possession with intent to so deal with, any article as and for maple sugar, maple candy or maple syrup unless the same shall be made solely from the sap of the maple tree. Maple syrup is syrup made by the evaporation of maple sap or by the solution of maple concrete (sugar), and contains not more than 35 percent of water and weighs not less than 11 pounds to the gallon (231 cubic inches).
Source.
1905, 118:1. PL 139:15. RL 164:15. 1953, 51:7, eff. Mar. 30, 1953.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146 - Purity and Branding of Foods and Drugs; Immature Veal › Section 146:14 - Vinegar.

146:14 Vinegar. –
No person shall sell, expose for sale, exchange, barter, deal in or have in his possession with intent so to deal with, any article as and for cider vinegar unless the same shall be vinegar made solely from cider made of apples and shall have acidity equal to the presence of not less than 4 percent, by weight, of absolute acetic acid.
Source.
1905, 118:2. PL 139:16. 1929, 45:9. RL 164:16.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146 - Purity and Branding of Foods and Drugs; Immature Veal › Section 146:15 - Repealed by 1961, 83:2, eff. July 1, 1961.

146:15 Repealed by 1961, 83:2, eff. July 1, 1961. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146 - Purity and Branding of Foods and Drugs; Immature Veal › Section 146:15-a - Frozen Desserts.

146:15-a Frozen Desserts. –
I.
Prohibitions. Any food, regardless of the name by which it is represented, made in semblance of frozen desserts or quiescently frozen confections, or prepared as such foods are customarily prepared or frozen, shall be deemed adulterated or misbranded, unless:
(a) It conforms to the definition and standards of identity for frozen desserts or quiescently frozen confections as established by regulations of the commissioner, and
(b) Its label bears the name of the food specified in the definition and standard, and, insofar as may be required by such regulations, the common names of optional ingredients present in such foods, and
(c) It was manufactured, distributed and sold in conformity to all sanitary requirements as established by regulations of the commissioner, and
(d) It conforms to the bacterial standards as may be established by the commissioner for frozen desserts, quiescently frozen confections or for the ingredients from which these are to be made.
II.
Regulations. The commissioner may, when not inconsistent with existing law, adopt regulations setting forth definitions and standards of identity for frozen desserts, and shall adopt such regulations as may from time to time be promulgated under federal law. The commissioner may make regulations setting standards of identity for quiescently frozen confections as well as setting bacterial standards for frozen desserts and quiescently frozen confections and for the ingredients from which they are to be made. The commissioner may make regulations governing the sanitary requirements relative to the manufacture, distribution and sale of all such food products.
Source.
1907, 72:1. PL 139:17. 1927, 7:1. 1939, 61:1. RL 164:17. 1949, 101:1. 1953, 138:1. RSA 146:15. 1961, 83:1. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146 - Purity and Branding of Foods and Drugs; Immature Veal › Section 146:16 - Veal.

146:16 Veal. –
No person shall kill, or cause to be killed, for the purpose of sale, a calf less than 4 weeks old and of a net dressed weight of less than 40 pounds not including the head and feet, or shall knowingly sell, or have in possession with intent to sell for food, the meat of any such calf.
Source.
1885, 38:1. PS 269:11. 1919, 25:1. PL 139:19. 1929, 45:11. RL 164:18.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146 - Purity and Branding of Foods and Drugs; Immature Veal › Section 146:17 - Prosecutions.

146:17 Prosecutions. –
It shall be the duty of the commissioner of the department of health and human services through his authorized agent whenever he has satisfactory evidence of the violation of this chapter, to prosecute the same, or to make complaint to a prosecuting officer; provided, that where the violation was not wilful the institution of a prosecution shall be at the discretion of said commissioner.
Source.
1907, 48:8. 1909, 111:1. PL 139:13. RL 164:13. RSA 146:17. 1995, 310:182, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146 - Purity and Branding of Foods and Drugs; Immature Veal › Section 146:18 - Penalty.

146:18 Penalty. –
Whoever violates any provision of RSA 146, for a first offense, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person; upon a second or subsequent conviction shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1907, 48:9. 1909, 111:2. PL 139:14. 1929, 45:8. RL 164:14. RSA 146:18. 1973, 528:55, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146 - Purity and Branding of Foods and Drugs; Immature Veal › Section 146:18-a - Administrative Fines.

146:18-a Administrative Fines. –
The commissioner of the department of health and human services, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter, except for those provisions relating to additives to fresh produce. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The commissioner shall adopt rules, in accordance with RSA 541-A, relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the general fund.
Source.
1991, 355:38. 1995, 310:182, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146 - Purity and Branding of Foods and Drugs; Immature Veal › Section 146:19 - Forfeitures.

146:19 Forfeitures. –
Any articles adulterated or misbranded within the meaning of this chapter may be forfeited.
Source.
GL 271:2, 3, 5. PS 269:12. PL 139:20. 1929, 45:12. RL 164:19.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146 - Purity and Branding of Foods and Drugs; Immature Veal › Section 146:20 - Authority to Embargo and Condemn.

146:20 Authority to Embargo and Condemn. –
I. Whenever a duly authorized agent of the department of health and human services finds or has probable cause to believe that any food, drug, device or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this chapter, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission.
II. When an article detained or embargoed under paragraph I has been found by such agent to be adulterated, or misbranded, he shall petition the courts in whose jurisdiction the article is detained or embargoed for a libel for condemnation of such article. When such agent has found that an article so detained or embargoed is not adulterated or misbranded, he shall remove the tag or other marking.
III. If the court finds that a detained or embargoed article is adulterated or misbranded, such article shall, after entry of the decree, be destroyed at the expense of the claimant thereof, under the supervision of such agent, and all court costs and fees, and storage and other proper expenses, shall be taxed against the claimant of such article or his agent: provided, that when the adulteration or misbranding can be corrected by proper labeling, or processing of the article, the court, after entry of the decree and after such costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that such article shall be so labeled or processed, has been executed, may by order direct that such article be delivered to the claimant thereof for such labeling or processing under the supervision of an agent of the department of health and human services. The expense of such supervision shall be paid by the claimant. Such bond shall be returned to the claimant of the article on representation to the court by the commissioner that the article is no longer in violation of this chapter, and that the expenses of such supervision have been paid.
IV. Whenever the department of health and human services or any of its authorized agents shall find in any vehicle, room, building, or other structure, any meat, seafood, poultry, vegetable, fruit or other perishable articles which are unsound, or contain any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the same being hereby declared to be a nuisance, the commissioner, or his authorized agent, shall forthwith condemn and destroy the same.
Source.
1951, 25:7. 1953, 51:1. RSA 146:20. 1983, 291:1, I. 1995, 310:181, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146 - Purity and Branding of Foods and Drugs; Immature Veal › Section 146:21 - Additives.

146:21 Additives. –
I. Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity, or any color additive, shall with respect to any particular use or intended use be deemed unsafe for the purpose of application of RSA 146:3, I with respect to any food, or RSA 146:4, I with respect to any drug or device, or RSA 146:7, I with respect to any cosmetic, unless there is in effect either (1) a regulation issued pursuant to the federal act permitting such use, or (2) a regulation issued pursuant to paragraph II of this section limiting the quantity of such substance, and the use or intended use of such substance conforms to the terms prescribed by such regulation. While either such regulation relating to such substance is in effect, a food, drug or cosmetic shall not, by reason of bearing or containing such substance in accordance with the regulation, be considered adulterated within the meaning of paragraphs I of RSA 146:3, 4, 7.
II. On and after July 1, 1963, the regulations promulgated under the federal act, prescribing therein tolerances and exemptions from tolerances or conditions of use for any of the foregoing substances are hereby adopted as the regulations applicable to this chapter. Provided, that whenever public health or other considerations in the state so require, the commissioner of health and human services is authorized to adopt, amend, or repeal regulations whether or not in accordance with regulations promulgated under the federal act prescribing therein tolerances and exemptions from tolerances or conditions of use for such substances.
Source.
1963, 193:2. 1983, 291:1, I, eff. July 1, 1985.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:1 - Declaration of Purpose.

146-A:1 Declaration of Purpose. –
The purpose of this chapter is to cope with the problem of pollution from the spillage or discharge of oil, recognizing the damage resulting to vegetation, marine, animal and bird life from such pollution. It is the intent of this chapter to provide procedures that will expedite the cleanup of oil spillage, mitigate the adverse effects of oil discharges, encourage preventive measures, and provide financial assistance to victims of such discharges and to encourage private organizations to assist in these efforts.
Source.
1971, 266:1. 1987, 377:1. 1991, 92:1, eff. May 13, 1991.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:2-a - Offshore Oil and Natural Gas Exploration Prohibited.

146-A:2-a Offshore Oil and Natural Gas Exploration Prohibited. –
I. In this section, "development" means any pipeline or other infrastructure that transports oil or natural gas from production facilities located in federal waters or other coastal state waters in the Atlantic Ocean through New Hampshire coastal state waters and any land-based support facilities for offshore oil or natural gas production facilities located in the Atlantic Ocean.
II. Offshore oil or natural gas exploration, development, and production is prohibited in coastal state waters.
III. No tidal or submerged lands in coastal state waters shall be leased for the purposes of oil or natural gas exploration, development, or production.
IV. The department of environmental services shall not:
(a) Issue any permit or other approval for any development associated with offshore drilling for oil and natural gas whether proposed for in coastal state waters or outside of coastal state waters.
(b) Permit, approve or otherwise authorize any oil or natural gas exploration, development, or production in coastal state waters.
(c) Develop, adopt, or endorse any plans for the exploration, development, or production of oil or natural gas in coastal state waters.
Source.
2019, 343:1, eff. Nov. 10, 2019.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:3 - Discharge of Oil.

146-A:3 Discharge of Oil. –
The discharge or spillage of oil into the surface water or groundwater of this state, or in a land area where the oil will ultimately seep into surface water or groundwater is prohibited. Nothing in this chapter, however, shall prohibit the application of mosquito larvae control compounds under permits issued by the pesticide control board pursuant to RSA 430.
Source.
1971, 266:1. 1976, 18:22. 1991, 92:6, eff. May 13, 1991.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:3-b - Repealed by 1986, 182:4, II, eff. May 28, 1986.

146-A:3-b Repealed by 1986, 182:4, II, eff. May 28, 1986. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:3-c - Limited Liability for Holders.

146-A:3-c Limited Liability for Holders. –
I. A holder who has not assumed ownership of a facility or vessel by the act of taking title by foreclosure or by other similar means and who has not assumed responsibility for the operation of the facility or vessel shall not be liable under RSA 146-A:3-a.
II. (a) A holder who has assumed ownership of a facility or vessel by the mere act of taking title by foreclosure or other similar means or who has assumed responsibility for the operation of a facility or vessel shall be liable under RSA 146-A:3-a unless the holder fulfills the following conditions in which case its liability shall be limited in accordance with subparagraph (b):
(1) The holder reports to the department any known or suspected discharge or spillage of oil from the facility or vessel;
(2) The holder undertakes emergency response measures to stop an ongoing discharge, prevent further discharge of oil, and address any imminent health hazard created by the discharge or spillage;
(3) The holder secures the facility or vessel as necessary to prevent exposure to oil by fencing or otherwise limiting access;
(4) The holder conducts all actions required under this subparagraph and all other response actions or corrective measures, including those voluntarily assumed, in accordance with the department of environmental service's rules; and
(5) The holder provides the department, its employees and authorized representatives with access to the facility or vessel for inspection, testing, response and remedial activity and any other purposes authorized under this chapter.
(b) A holder who has complied with the conditions of subparagraph (a) shall not be liable under RSA 146-A:3-a unless such holder or its employees cause any discharge or spillage of oil, in which case the holder shall be liable for the lesser of:
(1) Actual damages caused by the holder or its employees;
(2) The value of the secured property as determined by a method acceptable to both the state and the holder, until otherwise specified by rules of the department of environmental services; or
(3) The amount of the outstanding indebtedness secured by the facility or vessel.
III. Nothing in this section shall preclude or limit claims under RSA 146-A:3-a against non-employee agents or independent contractors retained by a holder.
IV. Nothing in this section shall preclude or limit claims to recover costs under RSA 146-A:3-a against a holder whose negligent acts or omissions or intentional misconduct has caused the discharge or spillage of oil. A holder as described in paragraph I or a holder who fulfills the conditions of subparagraph II(a) shall not be attributed with the negligence or intentional misconduct of non-employee agents or independent contractors so long as such holder has conducted itself without fault with regard to its relationship with such non-employee agents or independent contractors.
Source.
1993, 323:4. 1996, 228:106, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:3-d - Limited Liability for Fiduciaries.

146-A:3-d Limited Liability for Fiduciaries. –
I. A fiduciary shall not be liable in its individual capacity under RSA 146-A:3-a.
II. Nothing in this section shall preclude claims under RSA 146-A:3-a against:
(a) A fiduciary in its representative capacity;
(b) The assets of the estate or trust administered by a fiduciary; or
(c) Non-employee agents or independent contractors retained by a fiduciary.
III. Nothing in this section shall preclude claims to recover costs under RSA 146-A:3-a against a fiduciary in its individual capacity whose negligent acts or omissions or intentional misconduct has caused the discharge or spillage of oil. A fiduciary shall not be attributed with the negligence or intentional misconduct of non-employee agents or independent contractors so long as the fiduciary has conducted itself without fault with regard to its relationship with such non-employee agents or independent contractors.
Source.
1993, 323:4, eff. Aug. 22, 1993.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:3-e - Duty to Report.

146-A:3-e Duty to Report. –
Nothing in RSA 146-A:3-c or 146-A:3-d shall be construed to relieve a holder or fiduciary from any legal duty requiring a report, notification or disclosure of an oil discharge otherwise established under New Hampshire law.
Source.
1993, 323:4, eff. Aug. 22, 1993.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:3-f - Spill Response Plan.

146-A:3-f Spill Response Plan. –
I. Oil pipeline facility owners shall submit a spill response plan to the department that provides spill protection equivalent to or greater than a facility response plan under 49 C.F.R. section 194.101. A person who has contracted with an oil pipeline facility to provide containment and cleanup services may submit the spill response plan, on behalf of the owner, for any oil pipeline facility for which the person is contractually obligated to provide services.
II. Response plans shall, at a minimum, include the following:
(a) The number, training preparedness, and fitness of all dedicated personnel assigned to direct and implement the plan;
(b) Arrangements for the positioning of oil spill containment, cleanup equipment, and trained personnel at strategic locations from which they can be deployed to the spill site to promptly and properly remove the spilled oil; and
(c) The amount and type of equipment available to respond to a spill, where the equipment is located, and the extent to which other contingency plans rely on the same equipment.
III. Spill response plans for oil pipeline facilities shall be submitted to the department within 6 months after the department has adopted rules under this section.
IV. The department shall approve a spill response plan for an oil pipeline facility only if it determines that the plan meets the requirements set forth in this section and rules adopted by the department.
V. Upon approval of a spill response plan for an oil pipeline facility, the department shall provide to the person submitting the plan a statement indicating that the plan has been approved, the oil pipeline facilities covered by the plan, and any other information the department determines should be included.
VI. An owner or operator of an oil pipeline facility shall notify the department in writing immediately of any significant change of which it is aware affecting its spill response plan, including changes in any factor set forth in this section or in rules adopted by the department. The department may require the owner or operator to update a spill response plan as a result of such changes.
VII. The department by rule shall require spill response plans to be reviewed, updated, if necessary, and resubmitted to the department at least once every 5 years.
VIII. Approval of a spill response plan by the department shall not constitute an express assurance regarding the adequacy of the plan nor constitute a defense to liability imposed under this chapter or any other state law.
Source.
2014, 137:4, eff. June 16, 2014; 303:6, eff. June 16, 2014 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:4 - Notification; Removal.

146-A:4 Notification;  Removal. –
I. Whenever an oil discharge or spillage occurs which may pollute or which has polluted the surface water or groundwater of this state, the department of environmental services shall be notified immediately and shall assume primary jurisdiction of the cleanup operation. In the interim period before the department of environmental services has had an opportunity to assume jurisdiction, the person or persons strictly liable for an oil discharge shall undertake immediate measures to minimize the extent of pollution and damage which said discharge would otherwise cause. Any unexplained oil discharge shall be removed by or under the direction of the department of environmental services.
II. Any person strictly liable for an oil discharge shall immediately undertake to contain or remove such discharge to the department's satisfaction.
III. Notwithstanding paragraph II, the department of environmental services may undertake the containment or removal of such discharge and may retain agents and contractors for such purposes who shall operate under the direction of the department of environmental services.
Source.
1971, 266:1. 1985, 287:4; 401:1. 1986, 202:6, I(a). 1991, 92:8. 1996, 228:25, 106, 108, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:5 - Duty to Report.

146-A:5 Duty to Report. –
I. Whoever is responsible for the operation of any oil facility, carrier, or vessel that discharges oil in violation of this chapter shall immediately notify the department of environmental services or its designee. Any person who fails to give such notice shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Each day of a continuing violation shall constitute a separate offense.
II. Any person who becomes aware of an oil discharge in violation of this chapter shall immediately notify the department of environmental services.
Source.
1971, 266:1. 1973, 529:19. 1986, 202:6, I(a). 1991, 92:9. 1996, 228:108, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:6 - State and Local Officials.

146-A:6 State and Local Officials. –
All law enforcement officers and fire officials on the advice of the department or the department's authorized agent may assist in any oil spillage cleanup operation and may receive its support and guidance when engaged in such assistance.
Source.
1971, 266:1. 1986, 202:6, I(a). 1996, 228:109, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:7 - Private Participation.

146-A:7 Private Participation. –
I. Notwithstanding any other provision of law or rule to the contrary, no oil spill cleanup organization or other person acting to contain, remove, clean up, restore or take other remedial or corrective action or measures with regard to the spillage or discharge of oil, or threatened spillage or discharge of oil, shall be liable for removal costs, penalties, fines or damages of any kind, including but not limited to, natural resources damages or civil damages to government or private parties, unless it is determined that their acts or omissions amounted to gross negligence or willful misconduct, provided that:
(a) The oil spill cleanup organization or other person was rendering care, assistance or advice, consistent with the National Contingency Plan or as otherwise directed by the Federal On-Scene Coordinator; or
(b) The oil spill cleanup organization or other person was acting upon the request of the department, or its designee, and pursuant to the department's response procedures.
II. The immunity provided by this section shall not apply to any person who, without regard to fault, directly or indirectly caused or suffered the spillage or discharge of oil, or threatened spillage or discharge of oil at issue, which required the initial containment, removal, cleanup, restoration or other remedial or corrective action or measures, and provided that any such person shall be strictly liable for any removal costs, penalties, fines and damages of any kind, that another person is relieved of responsibility for under paragraph I.
Source.
1971, 266:1. 1986, 202:6, I(a). 1991, 92:10. 1996, 228:109, eff. July 1, 1996.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:8 - Repealed by 1991, 92:45, I, eff. May 13, 1991.

146-A:8 Repealed by 1991, 92:45, I, eff. May 13, 1991. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:9 - Recovery by State.

146-A:9 Recovery by State. –
The attorney general shall institute such legal or equitable action as he deems necessary to recover or obtain judgment for the costs of containment, cleanup, removal, corrective measures or civil penalties. This action may be brought in conjunction with an action for injunctive relief or in a separate action in superior court. In connection with an action brought under this section, the attorney general may obtain a prejudgment attachment.
Source.
1971, 266:1. 1985, 287:5. 1991, 92:11, eff. May 13, 1991.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:10 - Tort Liability to Third Persons.

146-A:10 Tort Liability to Third Persons. –
Any person who negligently or intentionally discharges or spills oil into or on the waters of any lake, pond, river, stream, or into tidal waters or into the groundwater of the state which causes damage to the property of another shall be liable in tort to the person whose property is so damaged in the amount of 1-1/2 times the damages sustained by that person.
Source.
1971, 266:1. 1987, 377:7. 1991, 92:12. 1998, 357:4, eff. July 1, 1998.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 146-A - Oil Discharge or Spillage in Surface Water or Groundwater › Section 146-A:11 - Personnel.

146-A:11 Personnel. –
The department of environmental services shall establish and maintain at ports within the state, and other places as it shall determine, such employees and equipment as in its judgment may be necessary to carry out RSA 146-A. Inspection and enforcement employees of the department of environmental services in their line of duty pursuant to RSA 146-A shall have the powers of a constable under RSA 104:9.
Source.
1971, 266:1. 1979, 463:1. 1981, 119:2; 219:1. 1983, 306:1; 393:10. 1985, 401:2. 1986, 202:6, I(a). 1991, 92:13. 1996, 228:108, eff. July 1, 1996.