PURITY AND BRANDING OF FOODS AND DRUGS; IMMATURE VEAL

RSA tit. X, ch. 146

in effect

RSA 146:1 Prohibited Acts.

146:1. Prohibited Acts. The following acts and the causing thereof are hereby prohibited: I. The manufacture, sale, or delivery, holding or offering for sale of any food or drug, device or cosmetic, that is adulterated or misbranded. II. The adulteration or misbranding of any food or drug, device or cosmetic. III. The receipt in commerce of any food or drug, device or cosmetic, that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise. IV. The dissemination of any false advertisement. V. The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by RSA 146:11. VI. The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the state from whom he received in good faith the food or drug, device or cosmetic. VII. The removal or disposal of a detained or embargoed vehicle in violation of RSA 146:20. VIII. The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food or drug, device or cosmetic, if such act is done while such article is held for sale and results in such article being misbranded. IX. Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this chapter. Provided that nothing in this section shall prevent the manufacture, or the possession by a wholesale dealer, of any article not in violation of the laws of another state, where satisfactory evidence is furnished that such article is manufactured or possessed exclusively for shipment to and consumption within that state. X. The failure of the manufacturer, packer, or distributor of a prescription drug distributed or offered for sale to maintain for transmittal, or to transmit, to any practitioner licensed by applicable law to administer such drug who makes written request for information as to such drug, true and correct copies of all printed matter which is required to be included in any package in which that drug is distributed or sold, or such other printed matter as is approved under the federal act. Nothing in this paragraph shall be construed to exempt any person from any labeling requirement imposed by or under other provisions of this chapter. XI. (1) Placing or causing to be placed upon any drug or device or container thereof, with intent to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing; or (2) Selling, dispensing, disposing of or causing to be sold, dispensed or disposed of or concealing or keeping in possession, control, or custody with intent to sell, dispense or dispose of, any drug, device or any container thereof, with knowledge that the trade name or other identifying mark or imprint of another or any likeness of any of the foregoing has been placed thereon in a manner prohibited by subparagraph (1) hereof; or (3) Making, selling, disposing of or causing to be made, sold or disposed of or keeping in possession, control or custody, or concealing, with intent to defraud, any punch, die, plate, or other thing designed to print, imprint, or reproduce that trade name or other identifying mark or imprint of another of any likeness of any of the foregoing upon any drug, device or container thereof. XII. [Repealed.] Source. 1907, 48:1. PL 139:1. 1929, 45:1. RL 164:1. 1951, 25:4. 1953, 51:1. RSA 146:1. 1969, 164:1. 1981, 153:2, I, eff. July 28, 1981.

RSA 146:2 Terms Defined.

146:2. Terms Defined. As used in this chapter the following words shall have the following meanings: I. The term "food" means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article. II. The term "drug" means (1) articles recognized in the official United States Pharmacopoeia, or official National Formulary, or any supplement to any of them; and (2) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; and (3) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (4) articles intended for use as a component of any articles specified in clause (1), (2) or (3); but does not include devices or their components, parts, or accessories. III. The term "label" means a display of written, printed or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this chapter that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper. The term "immediate container" does not include package liners. IV. The term "labeling" means all labels and other written, printed, or graphic matter (1) upon an article or any of its containers or wrappers, or (2) accompanying such article. V. The term "commissioner" means the commissioner of the department of health and human services. VI. If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, when in determining whether the labeling or advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual. VII. The representation of a drug, in its labeling or advertisement, as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or such other use as involves prolonged contact with the body. VIII. The term "contaminated with filth" applies to any food, drug, device, or cosmetic not securely protected from dust, dirt, and as far as may be necessary by all reasonable means, from all foreign or injurious contaminations. IX. The provisions of this chapter regarding the selling of foods or drugs, devices and cosmetics, shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article; and the supplying or applying of any such articles in the conduct of any food or drug establishment. X. The term "federal act" means the Federal Food, Drug and Cosmetic Act (Title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.). XI. The term "device" (except when used in paragraph VI of this section and in RSA 146:1(VI), 5(VI), 6(III) and 8(III)) means instrument, apparatus and contrivances, including their components, parts and accessories, intended (1) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; or (2) to affect the structure or any function of the body of man or other animals. XII. The term "cosmetic" means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleaning, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles, except that such term shall not include soap. XIII. The term "official compendium" means the official United States Pharmacopoeia, official National Formulary, or any supplement of any of them. XIV. The term "advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices or cosmetics. XV. The term "pesticide chemical" means any substance which, alone, in chemical combination, or in formulation with one or more other substances is an economic poison within the meaning of RSA 430:28 et seq. as now enacted or hereafter amended, and which is used in the production, storage, or transportation of raw agricultural commodities. XVI. The term "raw agricultural commodity" means any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing. XVII. The term "food additive" means any substance, the intended use of which results or may be reasonably expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food (including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food; and including any source of radiation intended for any such use), if such substance is not generally recognized among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific procedures (or, in the case of a substance used in foods prior to January 1, 1958 through either scientific procedures or experience based on common use of food) to be safe under the conditions of its intended use; except that such term does not include: (1) a pesticide chemical in or on a raw agricultural commodity; or (2) a pesticide chemical to the extent that it is intended for use or is used in the production, storage, or transportation of any raw agricultural commodity; or (3) a color additive; or (4) any substance used in accordance with a sanction or approval granted prior to the enactment of the Food Additives Amendment of 1958, pursuant to the Federal Act; The Poultry Products Inspection Act (21 U.S.C. 451 and the following) or the Meat Inspection Act of March 4, 1907 (34 Stat. 1260), as amended and extended (21 U.S.C. Section 601 and the following). XVIII. (1) The term "color additive" means a material which-(a) is a dye, pigment, or other substance made by a process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity from a vegetable, animal, mineral or other source, and (b) when added or applied to a food, drug, or cosmetic, or to the human body or any part thereof, is capable (alone or through reaction with other substance) of imparting color thereto; except that such term does not include any material which has been or hereafter is exempted under the federal act. (2) The term "color" includes black, white and intermediate grays. (3) Nothing in (1) above shall be construed to apply to any pesticide chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in adding, retarding, or otherwise affecting, directly or indirectly, the growth or other natural physiological processes of produce of the soil and thereby affecting its color, whether before or after harvest. Source. 1907, 48:2. PL 139:2. 1929, 45:2. 1933, 148:1. RL 164:2. 1947, 61:1. 1953, 51:1-3; 156:1, 2. RSA 146:2. 1963, 193:1. 1969, 164:2. 1995, 310:182, 183, eff. Nov. 1, 1995.

RSA 146:3 Adulterations, Foods.

146:3. Adulterations, Foods. For the purposes of this chapter an article of food shall be deemed to be adulterated: I. (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health; or (2) if it bears or contains any added poisonous or added deleterious substance other than one which is a pesticide chemical in or on a raw agricultural commodity; a food additive; or a color additive, which is unsafe within the meaning of RSA 146:21; or if it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of RSA 146:21 or if it is or it bears or contains any food additive which is unsafe within the meaning of RSA 146:21; provided that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under RSA 146:21, and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed food shall, notwithstanding the provisions of RSA 146:21, not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food when ready-to-eat is not greater than the tolerance prescribed for the raw agricultural commodity; or (3) if it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; or (4) if it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health; or (5) if it is the product of a diseased animal or an animal which has died otherwise than by slaughter or that has been fed upon the uncooked offal from a slaughterhouse; or (6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (7) if it is or bears or contains any color additive which is unsafe within the meaning of RSA 146:21. II. (1) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or (2) if any substance has been substituted wholly or in part therefor; or (3) if damage or inferiority has been concealed in any manner; or (4) if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is. III. If it falls below the standard of purity, quality, or strength which it purports or is represented to possess. IV. If it is confectionery and it bears or contains any alcohol or non-nutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of 4/10 of one percent, harmless natural wax not in excess of 4/10 of one percent, harmless natural gum, and pectin; provided that this paragraph shall not apply to any confectionery by reason of its containing less than 1/2 of one percent by volume of alcohol derived solely from use of flavoring extracts, or to any chewing gum by reason of its containing harmless non-nutritive masticatory substances. V. [Repealed.] VI. Any poisonous or deleterious substance added to any food except where such substance is required in the production thereof or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of RSA 146:3, I(2); but when such substance is so required or cannot be so avoided, the commissioner shall promulgate regulations limiting the quantity therein or thereon to such extent as the commissioner finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of application of RSA 146:3, I(2). While such a regulation is in effect limiting the quantity of any such substance in the case of any food, such food shall not, by reason of bearing or containing any added amount of such substance, be considered to be adulterated within the meaning of RSA 146:3, I(1). In determining the quantity of such added substance to be tolerated in or on different articles of food, the commissioner shall take into account the extent to which the use of such substance is required or cannot be avoided in the production of each such article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances. Source. 1907, 48:3. PL 139:3. 1929, 45:3, 4, 5. RL 164:3. 1943, 60:1. 1947, 61:2. RSA 146:3. 1963, 193:3, 9. 1969, 164:3. 1995, 310:183, eff. Nov. 1, 1995.

RSA 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.

RSA 146:5 Foods Misbranded.

146:5. Foods Misbranded. Foods shall be deemed to be misbranded in the following cases: I. If its labeling is false or misleading in any particular. II. If it is offered for sale under the name of another article. III. If it is an imitation of another food for which a definition and standard of identity has been prescribed by regulations as provided by RSA 146:11, or if it is an imitation of another food that is not subject to paragraph VII of this section, unless its label bears in type of uniform size and prominence, the word, imitation, and, immediately thereafter, the name of the food imitated. IV. If its container is so made, formed, or filled as to be misleading. V. If in package form, unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; (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 regulations prescribed by the commissioner. VI. 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. VII. If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by regulations as provided by RSA 146:11, unless (1) it conforms to such definition and standard, and (2) 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 (other than spices, flavoring, and coloring) present in such food. VIII. If it purports to be or is represented as (1) a food for which a standard of quality has been prescribed by regulations as provided by RSA 146:11, and its quality falls below such standard, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard; or (2) a food for which a standard or standards of fill of container have been prescribed by regulation as provided by RSA 146:11 and it falls below the standard of fill container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard; (3) a food for which no definition and standard of identity and no standard of quality have been prescribed by regulations as provided by RSA 146:11 and it falls below the standard of purity, quality or strength which it purports or is represented to possess. IX. If it is not subject to the provisions of paragraph VII of this section, unless it bears labeling clearly giving (1) the common or usual name of the food, if any there be, and (2) in case it is fabricated from 2 or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings, without naming each; provided that, to the extent that compliance with the requirements of clause (2) of this paragraph is impractical or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the commissioner. X. If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the commissioner determines to be, and by regulations prescribes as, necessary in order to fully inform purchasers as to its value for such uses. XI. If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; provided that to the extent that compliance with the requirements of this paragraph is impracticable, exemptions shall be established by regulations promulgated by the commissioner. XII. 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. Source. 1907, 48:4. 1913, 193:1. PL 139:7. RL 164:7. 1947, 61:4. RSA 146:5. 1963, 193:4. 1969, 164:5, 6. 1995, 310:183, eff. Nov. 1, 1995.

RSA 146:6 Drugs, Devices, Misbranding.

146:6. Drugs, Devices, Misbranding. A drug or device shall be deemed to be misbranded in the following cases: I. If its labeling 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 regulations prescribed 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 it is for use by man and contains any quantity of the narcotic or hypnotic substance alpha-eucaine, barbituric acid, beta-eucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marihuana, morphine, opium, paraldehyde, peyote, or sulphonmethane, or any chemical derivative of such substance, which derivative has been by the commissioner after investigation found to be, and by regulation designated as, habit-forming, unless its label bears the name and quantity or proportion of such substance or derivative and in juxtaposition therewith the statement "Warning - May Be Habit Forming." V. (1) If it is a drug, unless its label bears, to the exclusion of any other non-proprietary name, except the applicable systematic chemical name or the chemical formula, the established name (as defined in subparagraph (2)) of the drug, if such there be; and in case it is fabricated from 2 or more ingredients, the established name and quantity of each active ingredient, including the kind and quantity or proportion of any alcohol, and also including, whether active or not, the established name and quantity or proportions of any bromide, ether, chloroform, acetanilid, acetphenetidin, amidopyrine, hyposcine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any such substances, contained therein; provided that, the requirements for stating the quantity of the active ingredients, other than those specifically named in this paragraph, shall apply only to prescription drugs; provided further, that to the extent that compliance with this subparagraph is impracticable, exemption shall be allowed under regulations promulgated by the commissioner, or under the federal act. (2) As used in this paragraph the term "established name," with respect to a drug or ingredient thereof, means the applicable official name designated pursuant to section 508 of the federal act, or if there is no such name and such drug, or such ingredient, is an article recognized in an official compendium, then the official title thereof in such compendium or then the common or usual name, if any, of such drug or of such ingredient. VI. Unless its labeling bears (1) adequate directions for use; and (2) such adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form as are necessary for the protection of users: provided, that where any requirement of clause (1) of this paragraph, as applied to any drug or device, is not necessary for the protection of the public health, the commissioner shall promulgate regulations exempting such drug or device from such requirements. VII. If it purports to be a drug the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed therein: provided, that the method of packing may be modified with the consent of the commissioner. VIII. If it has been found by the commissioner to be drug liable to deterioration, unless it is packaged in such form and manner, and its label bears a statement of such precautions, as the commissioner shall by regulations require as necessary for the protection of public health. No such regulation shall be established for any drug recognized in an official compendium until the commissioner shall have informed the appropriate body charged with the revision of such compendium of the need for such packaging or labeling requirements and such body shall have failed within a reasonable time to prescribe such requirements. IX. If it is a drug and its container is so made, formed, or filled as to be misleading; or if it is an imitation of another drug; or if it is offered for sale under the name of another drug. X. If it is dangerous to health when used in the dosage, or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof. XI. (1) A drug intended for use by man which is a habit-forming drug to which paragraph IV applies; or because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, it is not safe for use except under the supervision of a practitioner licensed by law to administer such drug; or is limited by an approved application under section 505 of the federal act to use under the professional supervision of a practitioner licensed by law to administer such drug, shall be dispensed only upon a written prescription of a practitioner licensed by law to administer such drug, or upon an oral prescription of such practitioner which is reduced promptly to writing and filed by the pharmacist. The act of dispensing a drug contrary to the provisions of this paragraph shall be deemed to be an act which results in a drug being misbranded while held for sale. (2) Any drug dispensed by filling or refilling a written or oral prescription of a practitioner licensed by law to administer such drug shall be exempt from the requirements of paragraphs I, IX, XIII, and XIV of this section and the packaging requirements of paragraphs VII and VIII, if the drug bears a label containing the name and address of the dispenser, the serial number and date of the prescription or of its filling, the name of the prescriber and, if stated in the prescription, the name of the patient, and the directions for use and the cautionary statements, if any, contained in such prescription. This exemption shall not apply to any drug dispensed in the course of the conduct of business of dispensing of drugs pursuant to diagnosis by mail, or to a drug dispensed in violation of subparagraph (1) of this paragraph. XII. (1) A drug which is subject to paragraph XI(1) of this section shall be deemed to be misbranded if at any time prior to dispensing, its label fails to bear the statement "Caution: Federal Law Prohibits Dispensing Without Prescription", or "Caution: State Law Prohibits Dispensing Without Prescription". A drug to which paragraph XI(1) of this section does not apply shall be deemed to be misbranded if at any time prior to dispensing its label bears the caution statement quoted in the preceding sentence. (2) The commissioner may, by regulation, remove drugs subject to paragraph IV from the requirements of paragraph XI(1) of this section when such requirements are not necessary for the protection of the public health. Drugs removed from the prescription requirements of the federal act by regulations issued thereunder may also, by regulations issued by the commissioner, be removed from the requirements of paragraph XI(1). (3) Nothing in this section shall be construed to relieve any person from any requirements prescribed by or under authority of RSA 318-A. XIII. If it is a color additive, the intended use of which in or on drugs is for the purpose of coloring only, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additives prescribed under the provisions of the federal act. XIV. If it is, or purports to be, or is represented as a drug composed wholly or partly of insulin, unless it is a batch with respect to which a certificate or release has been issued pursuant to section 506 of the federal act, and such certificate or release is in effect with respect to such drug. XV. If it is, or purports to be, or is represented as a drug composed wholly or partly of any kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, or bacitracin, or any other antibiotic drug, or any derivative thereof, unless it is from a batch with respect to which a certificate or release has been issued pursuant to section 507 of the federal act, and such certificate or release is in effect with the respect to such drug: provided, that this paragraph shall not apply to any drug or class of drugs exempted by regulations promulgated under section 507(c) or (d) of the federal act. For the purpose of this paragraph the term "antibiotic drug" means any drug intended for use by man containing any quantity of any chemical substance which is produced by a microorganism and which has the capacity to inhibit or destroy microorganism in dilute solution (including the chemically synthesized equivalent of any such substance). Source. 1907, 48:4. 1915, 62:1. PL 139:9. 1933, 148:2, 3. RL 164:9. 1953, 51:5. RSA 146:6. 1963, 193:6; 276:2. 1965, 78:1. 1969, 164:7-9. 1995, 310:183, eff. Nov. 1, 1995.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 146:12 Flour and Bread Enrichment.

146:12. Flour and Bread Enrichment. No person shall, within the state, distribute, manufacture, bake, mix or compound for sale, offer for sale, have in possession with intent to sell or sell for human consumption, any flour, white bread or rolls unless the same conforms to the definition and standard of identity then in effect for enriched flour, enriched rolls or enriched buns, fixed and established by order of the commissioner. I. Definitions. When used in this section the following words shall mean as follows: (a) The term "Flour" includes and shall be limited to the foods defined as flour, white flour, wheat flour, plain flour, bromated flour, self-rising flour, self-rising white flour, self-rising wheat flour, phosphated flour, phosphated white flour and phosphated wheat flour in standards of identity as promulgated by the commissioner, but does not include whole wheat flours or special flours not used for bread, rolls, bun or biscuit baking, such as specialty cake, pancake and pastry flours. (b) "White bread" means any bread made with flour as defined in (a), whether baked in a pan or on a hearth or screen which is commonly known or usually represented and sold as white bread, including, but not restricted to, Vienna bread, French bread, and Italian bread. (c) "Rolls" includes plain white rolls and buns of the semi-bread dough type, such as soft rolls, hamburger, hot dog, Parker House, etc., hard rolls, such as Vienna, Kaiser, etc., all made without fillings or icings but shall not include yeast-raised sweet rolls or sweet buns, cinnamon rolls or buns, butterfly rolls, etc. (d) The term "Enriched" means the addition to flour of the vitamins and other nutritional ingredients necessary to make it conform to the standard of identity of enriched flour or enriched bromated flour, or enriched self-rising flour, as fixed and established by the commissioner. II. Enforcement Rules and Regulations. The department of health and human services is charged with the enforcement of this section. The commissioner may make rules and regulations for the proper enforcement thereof, including as a part of said rules and regulations when not inconsistent with existing laws, the adoption of such definitions and standards of identity as may from time to time be promulgated by federal authorities pursuant to the provisions of any federal act governing such flour and bread. III. Inspections. Said commissioner shall cause inspections to be made and all inspectors and other employees appointed by said commissioner shall be permitted access at all reasonable hours to all places of business concerned in the manufacture, production, transportation, distribution, and sale of flour, white bread or rolls; shall have power to open and examine any package or container of any kind containing, or believed to contain, any such flour, bread or rolls which may be manufactured, distributed, sold or possessed for sale, in violation of the provisions of this section. IV. Publication. All rules and regulations adopted by the commissioner pursuant to this section shall be published at least once in at least one daily newspaper of general circulation, printed and published in this state, and said rules and regulations shall become effective upon such date as the commissioner shall fix. V. Exception. Provided, however, that this section shall not apply to flour sold to distributors, bakers or other processors where such flour is either (1) resold to a distributor, baker or other processor, or (2) used in the manufacture, mixing or compounding of flour, white bread or rolls enriched to meet the requirements of this section, or (3) used in the manufacture of products other than flour, white bread or rolls. It shall be unlawful for any such purchaser to use or resell the flour so purchased in any manner other than prescribed herein. Source. 1945, 125:1. RSA 146:12. 1955, 151:1. 1983, 291:1, I. 1995, 310:181, 183, eff. Nov. 1, 1995.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-X-146.htmFetched: 10/20/2026