184:79 Terms Defined. –
As used in this subdivision the following terms shall have the following meanings:
I-VIII. [Repealed.]
IX. The term "milk producer" means any person who owns or controls one or more hooved mammals, a part or all of the milk or milk products from which are sold, or offered for sale.
X. The term "milk distributor" means any person who offers for sale or sells to another any milk or milk products for human consumption as such.
XI. The term "producer-distributor" is a milk producer who is also a milk distributor and sells more than an average of 80 quarts of milk a day.
XII. The term "dairy farm" means any place or premises where one or more hooved mammals are kept, a part or all of the milk or milk products from which is sold or offered for sale.
XIII. The term "milk plant" means any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, bottled, packaged, or prepared for distribution, except an establishment where milk or milk products are sold at retail only. This term shall include wash stations where milk tank trucks are cleaned and sanitized.
XIV. The term "department" means the department of health and human services.
XV. The term "commissioner" means the commissioner of the department of health and human services, or designee.
XVI. The term "milk inspector" means any inspector of milk employed, or approved by the commissioner and any other employee of the department authorized by the commissioner either in the regular course of his employment or specifically to take a particular action under the terms of this subdivision or any regulations promulgated hereunder.
XVII. The term "licensee" means any milk plant, milk distributor or producer-distributor who holds a license from the commissioner, whether or not his facilities shall be located within the state.
XVIII. The term "approved" means approved by the commissioner or milk sanitation board in accordance with the requirements of a written regulation promulgated hereunder.
XIX. The term "communicable disease" means any disease as defined in RSA 141-C:2, VI.
XX. The term "milk laboratory" means a laboratory customarily engaged in whole or part in the analysis of milk or milk products.
XXI. The term "milk sanitation rating" means a numerical evaluation reported in terms of percent compliance with the sanitary requirements of this subdivision and those regulations thereto which have been promulgated hereunder.
XXII. The term "milk" means the lacteal secretion, practically colostrum free, obtained by the complete milking of one or more healthy hooved mammals. Cow's milk shall contain not less than 8-1/4 percent milk solids not fat and not less than 3-1/4 percent milk fat. Goat's milk sold in retail packages shall contain not less than 7-1/2 percent milk solids not fat and not less than 2-1/2 percent milk fat.
XXII-a. "Fresh milk" means milk offered for sale to the public which has not been dehydrated, rehydrated, or reconstituted in whole or in part and shall not contain caseins, casein products, or caseinates other than those caseins, casein products, or caseinates which occur naturally.
XXII-b. "New Hampshire fresh milk" means milk consisting entirely of fresh milk produced in New Hampshire.
XXII-c. "Northeastern fresh milk" means milk consisting entirely of fresh milk produced in Delaware, Maryland, New Jersey, Pennsylvania, New York, Connecticut, Rhode Island, Massachusetts, Vermont, New Hampshire, or Maine.
XXIII. The terms "pasteurization", "pasteurized", and similar terms mean the process of heating every particle of milk or milk product to at least 145 degrees F., and holding it continuously at or above this temperature for at least 30 minutes, or to at least 161 degrees F., and holding it continuously at or above this temperature for at least 15 seconds, in equipment which is properly operated and approved by the health authority. The milk products which have a higher milkfat content than milk and/or contain added sweeteners shall be heated to at least 150 degrees F., and held continuously at or above this temperature for at least 30 minutes, or to at least 166 degrees F., and held continuously at or above this temperature for at least 15 seconds. Nothing in this definition shall be construed as barring any other pasteurization process which has been recognized and demonstrated to be equally efficient and which is approved by the department.
XXIV. The term "milk products" means any product for which a definition and standard of identity has been established by the board under the authority of RSA 184:103.
XXV. The term "cream" means that portion of milk, rich in butterfat, which rises to the surface of milk on standing, and is fresh and clean. It contains less than 30 percent but not less than 18 percent by weight of milk fat and not more than 2/10 percent of acid-reacting substances, calculated in terms of lactic acid.
XXVI. The terms "butter" and "cheese" shall be understood to mean the products usually known by those names, and which are manufactured exclusively from milk, or cream, or both, with salt and with or without coloring matter, and, if cheese, with rennet.
XXVII. The term "receiving station" as used in this subdivision shall include creameries, cheese factories, condensaries, receiving stations, milk depots, bulk tank collector trucks, and processing plants for milk and cream.
Source. 1963, 289:1. 1967, 265:2, 4. 1983, 291:1, I. 1989, 327:2. 1994, 219:2, 3. 1995, 310:148, 175, 183. 1997, 55:1-3. 2008, 160:1. 2010, 53:1, eff. July 17, 2010. 2018, 323:6-8, eff. June 25, 2018. 2021, 122:61, eff. July 9, 2021.