184:84 License Required. –
I. It shall be unlawful for any person to operate a milk plant located within the state who does not possess a milk plant license from the commissioner with respect to each such plant located within the state.
II. It shall be unlawful for any milk distributor to sell or offer for sale within the state milk or milk products unless he shall possess a milk distributor's license from the commissioner. Such license shall not be required in the case of eating establishments or retail stores purchasing milk or milk products finally bottled and packaged from a licensee for resale at retail to the consumer. However, it shall be unlawful for any eating establishment or retail store to sell milk or milk products which have not been processed by a person who is a licensee.
III. It shall be unlawful for any producer-distributor to sell or offer for sale milk or milk products within the state unless he shall possess a producer-distributor's license from the commissioner.
IV. It shall be unlawful for any milk plant located outside the state to sell or offer for sale milk or milk products within the state unless the operator or owner of each plant so located shall possess an out-of-state milk plant license from the commissioner.
V. A milk producer-distributor who daily produces for sale less than 20 gallons of raw milk or processes less than 20 gallons of raw milk into cheese aged at least 60 days, yogurt, cream, butter, ice cream, frozen yogurt, or kefir shall not require a milk producer-distributor license, provided these products are offered as direct sales from the producer-distributor's own farm, farm stand, or at a farmers' market to the food consumer within the state of New Hampshire only. Ice cream and frozen yogurt produced and sold under this paragraph shall be packaged in containers no larger than 6 fluid ounces and shall be marked with an expiration date 30 days from the date of manufacture.
(a) Any product containing raw milk from the milk producer-distributor's farm or farm stand or at farmers' markets shall be clearly labeled. If the product is sold in containers provided by the producer-distributor, the individual container shall have a label which contains the name, address, and phone number of the milk producer-distributor's farm; the name of the product; and the following statement: "This product is made with raw milk and is exempt from New Hampshire licensing and inspection. RAW MILK: consuming raw milk may increase your risk of foodborne illness."
(b) A milk producer-distributor selling raw milk products under this paragraph shall place a sign at the point of sale which contains the name, address, and phone number of the milk producer-distributor's farm; and the following statement: "Products from this farm made from raw milk are exempt from New Hampshire licensing and inspection."
Source. 1968, 289:1. 1995, 310:183. 2012, 163:4, eff. June 7, 2012. 2022, 6:1, 2, eff. May 17, 2022.