TITLE XXXI
TRADE AND COMMERCE

Chapter 339-A
LABELING OF HAZARDOUS SUBSTANCES

Section 339-A:1

    339-A: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 misbranded hazardous substance.
II. The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous substance, if such act is done while such substance is held for sale, and results in such substance being a misbranded hazardous substance.
III. The giving of a guarantee or undertaking referred to in RSA 339-A:4, which guarantee or undertaking is false, except by a person who relied upon a guarantee 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 hazardous substance.
IV. The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by RSA 339-A:5.
V. The removal or disposal of a detained or embargoed article in violation of RSA 339-A:6.
VI. The use by any person to his own advantage, or revealing other than to the commissioner of the department of health and human services or employees of the department of health and human services, or to the courts when relevant, of any information acquired under authority of RSA 339-A:5 concerning any method of process which as a trade secret is entitled to protection.
VII. The delivery or proffered delivery, for pay or otherwise, of a hazardous substance in a reused food, drug or cosmetic container or in a container which, though not a reused container, is identifiable as a food, drug, or cosmetic container by its labeling or by other identification. The reuse of a food, drug, or cosmetic container as a container for a hazardous substance shall be deemed to be an act which results in the hazardous substance being a misbranded hazardous substance. As used in this paragraph the term "food," "drug," and "cosmetic" shall have the same meaning as defined in RSA 146:2.

Source. 1965, 77:1. 1967, 112:1. 1995, 310:181, 182, eff. Nov. 1, 1995.

Section 339-A:2

    339-A:2 Terms Defined. –
As used in this chapter the following words shall have the following meanings:
I. The term "commissioner" means the commissioner of the department of health and human services.
II. The term "hazardous substance" means
(a) Any substance or mixture of substances which is toxic, is corrosive, is an irritant, is a strong sensitizer, is flammable or generates pressure through decomposition, heat, or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children;
(b) Any substance which the commissioner by regulation finds, pursuant to the provisions of RSA 339-A:5, meets the requirements of subparagraph (a);
(c) Any radioactive substance, if, with respect to such substance as used in a particular class of articles or as packaged, the commissioner determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this chapter in order to protect the public health.
Provided, however, that the term "hazardous substance" shall not apply to economic poisons subject to RSA 438, nor to products subject to RSA 153, nor to foods, drugs and cosmetics subject to RSA 146, nor to substances intended for use as fuels when stored in containers and used in the treating, cooking, or refrigeration systems of a house, but such term shall apply to any article which is not itself an economic poison within the meaning of RSA 438 but which is a hazardous substance within the meaning of this paragraph by reason of bearing or containing such an economic poison. This term shall not include any source material, special nuclear material, or by-product material, defined in RSA 125 by the United States Atomic Energy Act of 1954, as amended, and regulations issued pursuant thereto by the United States Nuclear Regulatory Commission.
III. The term "toxic" means any substance (other than a radioactive substance) which has the capacity to produce personal injury or illness to man through ingestion, inhalation, or absorption through any body surface.
IV. The term "highly toxic" means any substance which falls within any of the following categories: (a) produces death within 14 days in half or more than half of a group of 10 or more laboratory white rats each weighing between 200 and 300 grams, at a single dose of 50 milligrams or less per kilogram of body weight, when orally administered; or (b) produces death within 14 days in half or more than half of a group of 10 or more laboratory white rats weighing between 200 and 300 grams, when inhaled continuously for a period of one hour or less at an atmospheric concentration of 200 parts per million by volume or less of gas or vapor or 2 milligrams per liter by volume or less of mist or dust, provided such concentration is likely to be encountered by man when the substance is used in any reasonably foreseeable manner; or (c) produces death within 14 days in half or more than half of a group of 10 or more rabbits tested in a dosage of 200 milligrams or less per kilogram of body weight, when administered by continuous contact with the bare skin for 24 hours or less.
V. If the commissioner finds that available data on human experience with any substance indicates different results from those obtained on animals as set forth in paragraph IV, the human data shall take precedence.
VI. The term "corrosive" means any substance which in contact with living tissue will cause destruction of tissue by chemical action; but shall not refer to action on inanimate surfaces.
VII. The term "irritant" means any substance not corrosive within the meaning of paragraph VI which on immediate, prolonged, or repeated contact with normal living tissue will induce a local inflammatory reaction.
VIII. The term "strong sensitizer" means a substance which will cause on normal living tissue through an allergic or photodynamic process a hypersensitivity which becomes evident on reapplication of the same substance and which is designated as such by the commissioner. Before designating any substance as a strong sensitizer, the commissioner, upon consideration of the frequency of occurrence and severity of the reaction, shall find that the substance has a significant potential for causing hypersensitivity.
IX. The term "extremely flammable" shall apply to any substance which has a flash point at or below 20 degrees Fahrenheit, as determined by the Tagliabue Open Cup Tester, and the term "flammable" shall apply to any substance which has a flash point of above 20 degrees to and including 80 degrees Fahrenheit, as determined by the Tagliabue Open Cup Tester; except that the flammability of solids and of the contents of self-pressurized containers shall be determined by methods found by the commissioner to be generally applicable to such materials or containers, respectively, and established by rules adopted under the authority of RSA 339-A:5, which rules shall also define the terms "flammable" and "extremely flammable" in accordance with such methods.
X. The term "radioactive substance" means a substance which emits ionizing radiation.
XI. The term "label" means a display of written, printed, or graphic matter upon the immediate container of any substance or, in the case of an article which is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed thereto.
XII. The term "federal act" means the Federal Hazardous Substances Labeling Act. (Public Laws No. 86-613, 74 Stat. 372; 15 U.S.C. ยงยง 1261-1276.)

Source. 1965, 77:1. 1967, 112:2, 3. 1985, 190:103. 1995, 310:160, 183, eff. Nov. 1, 1995.

Section 339-A:3

    339-A:3 Misbranded Package. –
The term misbranded hazardous substance means a hazardous substance (including a toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted) intended, or packaged in a form suitable, for use in the household or by children, which substance, except as otherwise provided by or pursuant to RSA 339-A:5, fails to bear a label:
I. Which states conspicuously (a) the name and place of business of the manufacturer, packer, distributor or seller; (b) the common or usual name or the chemical name (if there be no common or usual name) of the hazardous substance or of each component which contributes substantially to its hazard, unless the commissioner by rule permits or requires the use of a generic name; (c) the signal word "DANGER" on substances which are extremely flammable, corrosive, or highly toxic; (d) the signal word "WARNING" or "Caution" on all other hazardous substances; (e) an affirmative statement of the principal hazard or hazards, such as "Flammable," "Vapor Harmful," "Causes Burns," "Absorbed Through Skin," or similar wording description of the hazard; (f) precautionary measures describing the action to be followed or avoided, except when modified by rule of the commissioner pursuant to RSA 339-A:5; (g) instructions, when necessary or appropriate, for first aid treatment; (h) the word "poison" for any hazardous substance which is defined as "highly toxic" by RSA 339-A:2, IV; (i) instructions for handling and storage of packages which require special care in handling or storage; and (j) the statement "keep out of reach of children" or its practical equivalent, or if the article is intended for use by children and is not a banned hazardous substance, adequate directions for the protection of children from the hazard.
II. On which any statements required under paragraph I of this section are located prominently and are in English language in conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the label.

Source. 1965, 77:1. 1967, 112:4. 1985, 190:104. 1995, 310:183, eff. Nov. 1, 1995.

Section 339-A:4

    339-A:4 Guaranty to Dealer. – No person shall be subject to the penalties of RSA 339-A:7 for having violated paragraph I of RSA 339-A:1, if the receipt, delivery, or proffered delivery of a hazardous substance was made in good faith, unless he refuses to furnish on request of the commissioner or of an employee of the department of health and human services, the name and address of the person from whom he purchased or received such hazardous substance, and copies of all records, if any there be, pertaining to the delivery of the hazardous substance to him; or if he establishes a guarantee or undertaking signed by, and containing the name and address of, the person residing in the United States from whom he received in good faith the hazardous substance, to the effect that the hazardous substance is not in misbranded packages within the meaning of the terms of the chapter.

Source. 1965, 77:1. 1995, 310:181, 183, eff. Nov. 1, 1995.

Section 339-A:5

    339-A:5 Enforcement; Regulations; Exemptions. –
I. The department of health and human services is charged with the enforcement of this chapter. All inspectors and employees of the department, upon presenting appropriate credentials, shall be permitted access, at reasonable times, to any factory, warehouse, or establishment in which hazardous substances are manufactured, processed, packed, or held for sale, or to enter any vehicle being used to transport or hold such hazardous substances for purposes of inspection for compliance with this chapter and to obtain samples, if desired, provided the value thereof is tendered to the manufacturer, distributor or vendor.
II. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
(a) Declaring any substance or mixture of substances to be a hazardous substance which he finds meets the requirements of RSA 339-A:2, II(a).
(b) Establishing such reasonable variations or additional label requirements as may be found necessary for the protection of the public health and safety. Any such hazardous substance intended, or packaged in a form suitable, for use in the household or by children, which fails to bear a label in accordance with such rules shall be deemed to be a misbranded hazardous substance.
(c) Flammability under RSA 339-A:2, IX.
(d) Labeling requirements under RSA 339-A:3.
(e) Exemptions under RSA 339-A:5, III.
(f) All regulations relating to hazardous substances promulgated under the federal act.
(g) A schedule of administrative fines which may be imposed under RSA 339-A:7-a for violation of this chapter or the rules adopted pursuant to it.
(h) Procedures for notice and hearing prior to the imposition of an administrative fine imposed under RSA 339-A:7-a.
III. If the commissioner finds that because of the size of the package involved or because of the minor hazard presented by the substance contained therein, or for other good and sufficient reasons, failure to comply with the labeling requirements otherwise applicable under this chapter is impracticable or is not necessary for the adequate protection of the public health and safety, the commissioner may adopt rules exempting such substance from the requirements to the extent he determines to be consistent with adequate protection to the public health. The commissioner may exempt from the requirements established by or pursuant to this chapter any hazardous substance or any container of a hazardous substance with respect to which he finds that adequate requirements satisfying the purposes of this chapter have been established by or pursuant to any other state law or rules adopted under such law.

Source. 1965, 77:1. 1967, 112:5, 6. 1983, 291:1, I. 1985, 190:105, 106. 1991, 355:51. 1995, 310:161, 183, eff. Nov. 1, 1995.

Section 339-A:6

    339-A:6 Authority to Embargo and Condemn. – Any misbranded hazardous substance found in violation of this chapter may be subject to embargo and condemnation in accord with the provisions of RSA 146:20.

Source. 1965, 77:1. 1967, 112:7, eff. July 15, 1967.

Section 339-A:7

    339-A:7 Penalty. – Whoever violates any of the provisions of RSA 339-A or any regulations promulgated hereunder shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

Source. 1965, 77:1. 1973, 528:238, eff. Oct. 31, 1973 at 11:59 p.m.

Section 339-A:7-a

    339-A:7-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. 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, 355:52. 1995, 310:182, 183, eff. Nov. 1, 1995.

Products With Urea-formaldehyde

Section 339-A:8

    339-A:8 Urea-formaldehyde Foam Insulation. – No person may manufacture or offer for sale in this state urea-formaldehyde foam insulation or a new home or new manufactured housing containing urea-formaldehyde foam insulation.

Source. 1983, 397:1. 1987, 147:1, eff. July 10, 1987.

Section 339-A:9

    339-A:9 Sales Prohibited. – No person shall manufacture or offer for sale any particle board or fiber board or housing unit or manufactured housing constructed of particle board, fiber board, or any similar construction material, containing urea-formaldehyde resin, without a written cautionary statement to the purchaser as set forth in RSA 339-A:10.

Source. 1983, 397:2. 1987, 147:2, eff. July 10, 1987.

Section 339-A:10

    339-A:10 Cautionary Statement. – The cautionary statement provided for in RSA 339-A:9 shall be printed in at least 10 point book face sans serif type and shall appear in all respects in the following form:
STATEMENT OF PRODUCT DISCLOSURE
THE PRODUCT (OR HOUSING UNIT) CONTAINS UREA-FORMALDEHYDE RESIN. FOR SOME PEOPLE UREA-FORMALDEHYDE MAY CAUSE HEALTH PROBLEMS SUCH AS IRRITATION OF THE EYES, NOSE, AND THROAT; COUGHING, HEADACHES, SHORTNESS OF BREATH, OR CHEST OR STOMACH PAINS. CHILDREN UNDER 2 YEARS OF AGE, ELDERLY PERSONS WITH BREATHING PROBLEMS OR PERSONS WITH ALLERGIES MAY HAVE MORE SERIOUS DIFFICULTIES. IF YOU HAVE A QUESTION ABOUT PROBLEMS YOU MAY HAVE WITH UREA-FORMALDEHYDE, CONSULT A DOCTOR.

Source. 1983, 397:2, eff. Jan. 1, 1984.

Section 339-A:11

    339-A:11 Display of Statement. –
I. A seller or manufacturer shall incorporate the cautionary statement required by RSA 339-A:9 in a contract for sale with the purchaser. The cautionary statement shall appear in the contract immediately preceding the place in the contract for the purchaser's signature.
II. If a contract for sale does not exist, the statement shall be printed on a label containing no other written material and attached to the fiber board, particle board or other similar construction material, or housing unit or manufactured housing containing urea-formaldehyde resin.

Source. 1983, 397:2. 1987, 147:3, eff. July 10, 1987.