TITLE XXXI
TRADE AND COMMERCE

Chapter 339
SALES OF CERTAIN ARTICLES

Sales Tickets

Section 339:1

    339:1 Sales Tickets. – All persons selling tickets for bread, milk or cream shall use some form of coupon ticket which shall be detached by the purchaser as used, or, if single tickets be used, they shall be defaced, punched or cancelled in some way at the time of sale and shall not be again used.

Source. 1903, 56:1. PL 162:1. RL 193:1.

Section 339:2

    339:2 Penalty for Reuse. – Any person using such ticket a second time shall be guilty of a violation.

Source. 1903, 56:2. PL 162:2. RL 193:2. RSA 339:2. 1973, 531:104, eff. Oct. 31, 1973 at 11:59 p.m.

Unsolicited Merchandise

Section 339:2-a

    339:2-a Duty of Receiver. – Any person to whom unsolicited merchandise is addressed may refuse delivery or accept the merchandise as a gift without incurring any legal obligation to the sender. Replacements or substitutes for original orders shall not be considered unsolicited merchandise for the purposes of this section.

Source. 1971, 456:8. 1973, 383:1, eff. Aug. 29, 1973.

Pressed Hay

Section 339:3 to 339:10.

    339:3 to 339:10. Repealed by 1969, 156:1, eff. July 21, 1969. –

Farm Produce

Section 339:11 to 339:13.

    339:11 to 339:13. Repealed by 1985, 72:4, V, eff. July 1, 1985. –

Leather

Section 339:14

    339:14 Stamping. – Each manufacturer of leather shall have the exclusive right of stamping leather by him manufactured with the initials of his Christian name and the whole of his surname, and the name of the town of his abode; and such stamp shall be deemed a warranty that the leather so stamped is merchantable, made of good materials and well manufactured.

Source. RS 107:3. CS 110:3. GS 111:8. GL 122:17. PS 126:12. PL 162:14. RL 193:14.

Section 339:15

    339:15 Penalty. – If any person shall fraudulently stamp any leather with the name or stamp of any other person he shall be guilty of a misdemeanor.

Source. RS 107:4. CS 110:4. GS 111:9. GL 122:18. PS 126:13. PL 162:15. RL 193:15. RSA 339:15. 1973, 528:232, eff. Oct. 31, 1973 at 11:59 p.m.

Cord Wood and Bark

Section 339:16 to 339:18.

    339:16 to 339:18. Repealed by 1985, 72:4, VI, eff. July 1, 1985. –

Raw Cotton

Section 339:19

    339:19 Net Weight. – All contracts for the sale and purchase of raw or unmanufactured cotton, made within this state, shall be taken and deemed to be contracts for sale and purchase at actual weights, exclusive of the weight of bagging, rope, iron ties or straps, or any other material in which cotton may be packed.

Source. 1870, 34:1. GL 122:27. PS 126:17. PL 162:19. RL 193:19.

Section 339:20

    339:20 Marking. – Where there is no special agreement as to the amount of tare to be allowed on each bale, every bale of raw or unmanufactured cotton sold or offered for sale within this state shall have legibly marked upon it, or upon some tag securely fixed thereto, the gross weight of such bale and the aggregate weight of the bagging, rope and ties, or other materials in which the cotton is packed, together with the name of the weigher.

Source. 1870, 34:2. GL 122:28. PS 126:18. PL 162:20. RL 193:20.

Section 339:21

    339:21 Weighing by Sample. – For the purpose of ascertaining the weight of the packing material upon cotton, according to the provisions of this subdivision, and in the absence of a special agreement as to tare, it shall be lawful to weigh by sample; but there shall be an actual weighing of the packing materials of at least one bale in 10 of each lot, after the same shall have been stripped or removed from the bale.

Source. 1870, 34:3. GL 122:29. PS 126:19. PL 162:21. RL 193:21.

Petroleum, Naphtha and Illuminating Oils

Section 339:22

    339:22 Inspectors. – The mayor and aldermen of every city, and the selectmen of every town of more than 1,500 inhabitants, and of every town of less than 1,500 inhabitants upon the written application of 5 or more citizens of such town therefor, shall appoint annually one or more suitable persons, not interested in the sale of crude petroleum, or in the sale and manufacture of petroleum, earth rock-oil or any of their products, and who are not employees of any person so interested, to be inspectors thereof in such city or town, and who, before entering upon the duties of their office, shall be duly sworn.

Source. 1873, 44:1. GL 122:30. 1879, 57:23. PS 126:25. PL 162:22. RL 193:22.

Section 339:23

    339:23 Compensation. – Their compensation shall be fixed by the selectmen and paid by persons requiring their services.

Source. 1873, 44:1. GL 122:30. 1879, 57:23. PS 126:25. PL 162:23. RL 193:23.

Section 339:24

    339:24 Penalty. – Any inspector guilty of fraud, deceit or culpable negligence in the performance of his duties shall be guilty of a misdemeanor.

Source. 1873, 44:1. GL 122:30. 1879, 57:23. PS 126:25. PL 162:24. RL 193:24. RSA 339:24. 1973, 528:233, eff. Oct. 31, 1973 at 11:59 p.m.

Section 339:25

    339:25 Sale; Test. – No person shall mix for sale gasoline with kerosene or other illuminating or fuel oils, or shall sell or offer for sale such mixture. No person shall sell or offer for sale kerosene or similar illuminating or fuel oils which flash under 100 degrees Fahrenheit, open cup test. Provided, that this shall not be construed as applying to the sale of gasoline as such for fuel or illuminating purposes.

Source. 1873, 44:2. GL 122:31. 1879, 57:24. PS 126:26. PL 162:25. 1927, 31:1. RL 193:25. RSA 339:25. 1983, 146:1, eff. Aug. 6, 1983.

Section 339:26

    339:26 Penalty; Damages. – Whoever violates the provisions of RSA 339:25 shall be guilty of a misdemeanor, and shall be liable for all damage occasioned to any person by the explosion or ignition of such oil thus unlawfully sold, kept or offered for sale; and such oil or compounds, and the casks or packages containing the same, shall be forfeited and sold. The proceeds of such sale shall go to the state.

Source. 1873, 44:2. GL 122:31. 1879, 57:24. PS 126:26. PL 162:26. RL 193:26. RSA 339:26. 1973, 528:234, eff. Oct. 31, 1973 at 11:59 p.m.

Section 339:27

    339:27 False Name. – Any person who shall keep, sell, or offer for sale naphtha under any false or assumed name shall for each offense be liable to the penalties and subject to the liabilities set forth in RSA 339:26.

Source. 1873, 44:4. GL 122:33. PS 126:28. PL 162:28. RL 193:27.

Section 339:28

    339:28 Search. – Upon complaint made to a municipal court, or to a justice of the peace, by the mayor or an alderman of any city, or by a selectman of any town, or by an inspector appointed under the provisions of this chapter, or by an engineer of a fire department, fireward, chief of police or city marshal, that he has probable cause to suspect, and does suspect, that any of the articles enumerated in this subdivision are offered for sale, or are deposited and kept within the limits of the city or town, contrary to the provisions hereof, the court or justice may issue a warrant directed to any such officer, or to any sheriff, deputy sheriff, constable or police officer, ordering him to enter any shop, warehouse, manufactory or other building specified in the warrant to make diligent search for such articles, and to make return of his doings to the court or justice forthwith.

Source. 1873, 44:7. GL 122:36. PS 126:32. PL 162:32. RL 193:31.

Section 339:29

    339:29 Special Permits. – Such articles when kept for sale shall not be allowed to remain in any street, lane, alley or traveled way, or upon any wharf, or in any yard, or on the grounds of any railroad corporation, in any city for a longer time than 24 hours, or in any town for a longer time than 48 hours, without a special permit from the mayor and aldermen of the city, or from the selectmen of the town, or from some person by them duly authorized. Any person so keeping such articles for a longer time shall be fined not more than $50.

Source. 1873, 44:8. GL 122:37. PS 126:33. PL 162:33. RL 193:32.

Section 339:30

    339:30 Inspection. – No person shall sell, or keep for sale or in storage, any crude or refined petroleum, naphtha, kerosene, earth-rock, machinery or illuminating oil, in a city or town, without having the same inspected and approved by an authorized inspector. Any person violating the provisions of this section shall be punished in the manner provided in RSA 339:26.

Source. 1873, 44:9. GL 122:38. PS 126:34. PL 162:34. RL 193:33.

Section 339:30-a

    339:30-a Gasoline and Diesel Fuel Prices. –
I. All persons who shall offer for sale or sell gasoline or diesel fuel at retail shall post the price of all grades and services of such fuel in at least 2 of the following ways:
(a) On a price sign affixed to the fuel dispenser in numerals not less than 4 inches high and 3/4 of an inch in width; such price signs shall be placed on the dispenser so that they are clearly visible from both sides of the dispenser from either direction of a motorist's approach;
(b) On a stationary roadside fuel price sign; the stationary roadside fuel sign must be clearly visible from the street; or
(c) By a digital unit price indicator or an analog unit price indicator on the face of the dispenser; the indicators must display the actual price of the fuel pumped.
II. When a grade, blend, or mixture of gasoline or diesel fuel is sold from a single dispenser for a regular price and a cash discount price, both unit prices shall be posted on the dispenser in accordance with subparagraph I(a) and either subparagraph I(b) or I(c). Roadside signs advertising the cash discount price of gasoline or diesel fuel shall disclose that the advertised price is limited to cash purchases and display the word "cash" next to the cash discount price. The letters in the word "cash" or other words of disclosure shall be of the same height and width as the numerals of the cash discount price.
III. Numerals indicating fractions or portions of whole numbers on any posted price shall be at least 1/2 the size of the whole number on such display, and all posted prices shall reflect the total price of such fuel, including all taxes thereon.
IV. If a computing device is part of the fuel dispensing equipment, it shall compute the total price for single purchases at all the unit prices for which the grade, blend, or mixture of gasoline or diesel fuel being dispensed is offered for sale, except for the unit prices charged by contract for fleet sales and similar price-contract sales. When a grade, blend, or mixture of fuel is offered for sale at more than one unit price through a dispenser with a computing device:
(a) The unit price for a transaction shall be selected by controls on the dispenser to be used by the customer; and
(b)(1) A printed receipt of the transaction shall be made available to the customer, showing unit price, the total number of gallons dispensed, and the total price of the sale issued mechanically by the dispenser; or
(2) A printed receipt shall be made available to the customer, showing the unit price, the total number of gallons dispensed, and the total price of the sale from a person attending the dispenser or the store where the fuel is offered for sale.
V. When a special sale price or promotional discount price is offered on a grade, blend, or mixture of gasoline or diesel fuel, the dispenser shall be set to compute transactions at the special sale price or promotional discount price.
VI. Any person who shall violate the provisions of this section shall be guilty of a violation.

Source. 1974, 24:2, eff. June 1, 1974. 2012, 118:1, eff. Jan. 1, 2013.

Goods Marked "Sterling," Etc.

Section 339:31

    339:31 "Sterling." – No person shall make, sell or offer to sell or dispose of, or have in his possession with intent to sell or dispose of, any article of merchandise marked, stamped or branded with the words "sterling" or "sterling silver," or encased or enclosed in any thing in or by which the said article is packed, enclosed or otherwise prepared for sale or disposition, having thereon any engraving or printed label, stamp, imprint, mark or trademark indicating or denoting that such article is silver, sterling silver, or solid silver, unless .925 of the component parts of the metal of which the said article is manufactured are pure silver.

Source. 1895, 63:1. PL 162:35. RL 193:34.

Section 339:32

    339:32 "Coin." – No person shall in any like way use the terms "coin" or "coin silver" unless .900 of the component parts of the metal of which the article is manufactured are pure silver.

Source. 1895, 63:2. PL 162:36. RL 193:35.

Section 339:33

    339:33 Penalty. – Any person who violates any provision of RSA 339:31 or RSA 339:32 shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.

Source. 1895, 63:3. PL 162:37. RL 193:36. RSA 339:33. 1973, 530:48, eff. Oct. 31, 1973 at 11:59 p.m.

Section 339:34

    339:34 Exception. – This subdivision shall not apply to such springs, catches or pins as may be necessary to adapt any article to its use.

Source. 1895, 63:4. PL 162:38. RL 193:37.

Ice

Section 339:35, 339:36.

    339:35, 339:36. Repealed by 1985, 72:4, VII, eff. July 1, 1985. –

Coal, Etc.

Section 339:37, 339:38.

    339:37, 339:38. Repealed by 1985, 72:4, VIII, eff. July 1, 1985. –

Energy Administrator

Section 339:39

    339:39 Appointment; Tenure. – If at any time the governor and council shall determine that an emergency exists requiring public regulation of the supply and sale of fuel for any purpose or allocation of available supplies of electrical energy, the governor, with the advice and consent of the council, may appoint an energy administrator, who shall hold office until the governor and council shall determine that the emergency has ceased to exist.

Source. 1923, 111:3. PL 162:43. RL 193:42. RSA 339:39. 1975, 234:1, eff. Aug. 2, 1975.

Section 339:40

    339:40 Regulations. – The energy administrator shall have the authority to make such rules and regulations with respect to the sale and distribution of fuel, including the fixing of prices and standards, and with respect to the allocation of available supplies of electrical energy as the public good may require. Such rules and regulations shall supersede for the time being any orders of the commissioner of agriculture, markets, and food with which the same may conflict.

Source. 1923, 111:3. PL 162:44. RL 193:43. 1950, 5, pt. 13:1. RSA 339:40. 1975, 234:2. 1995, 130:5, eff. July 23, 1995.

Section 339:41

    339:41 Investigations. – He shall have authority to compel the attendance of witnesses and the production of documents, may examine the books and papers of producers of or dealers in fuel or electrical energy, and may compel the cooperation of all officers, boards, commissions and departments of the state having information that may assist him in making investigations in the discharge of his duties.

Source. 1923, 111:3. PL 162:45. RL 193:44. RSA 339:41. 1975, 234:3, eff. Aug. 2, 1975.

Section 339:42

    339:42 Assistants. – He may also appoint such assistants as he may deem necessary to carry out the provisions hereof.

Source. 1923, 111:3. PL 162:46. RL 193:45.

Section 339:43

    339:43 Appeal. – On appeal by any interested party, the governor and council shall hold a hearing and may modify or rescind any rule or regulation made by the energy administrator. Any party aggrieved by the decision of the governor and council with respect to any rule, regulation or ruling of the energy administrator may appeal to the supreme court which shall determine the validity of such rule, regulation or ruling.

Source. 1923, 111:3. PL 162:47. RL 193:46. RSA 339:43. 1975, 234:4, eff. Aug. 2, 1975.

Section 339:44

    339:44 Penalty. – Any person who shall knowingly violate any provision of this or the preceding subdivision, or shall fail to comply with any rule or regulation of the energy administrator issued in accordance herewith, shall be guilty of a misdemeanor if a natural person or shall be guilty of a felony if any other person.

Source. 1923, 111:4. PL 162:48. RL 193:47. RSA 339:44. 1973, 528:235. 1975, 234:5, eff. Aug. 2, 1975.

Fabrics, Etc., Containing Arsenic

Section 339:45

    339:45 Fabrics; Paper. – No person shall sell or offer for sale or exchange any woven fabric or paper containing arsenic in any form, or any article of dress or of household use composed wholly or in part of such woven fabric or paper, or any article of dress containing arsenic; provided, that this section shall not apply to dress goods or articles of dress containing not more than 1/100 grain, nor to other material containing not more than 1/10 grain, of arsenic per square yard of the material.

Source. 1901, 27:1. PL 162:49. RL 193:48.

Section 339:46

    339:46 Penalty. – Any person who violates any provision of RSA 339:45 shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.

Source. 1901, 27:1. PL 162:50. RL 193:49. RSA 339:46. 1973, 530:49, eff. Oct. 31, 1973 at 11:59 p.m.

Wood Alcohol, Etc.

Section 339:47

    339:47 Sales Prohibited. – No person shall sell, offer for sale, deal in or supply, or have in his possession with intent to sell, offer for sale, give away, deal in or supply, any article of food or drink, or any medicinal or toilet preparation or perfume intended for human use internally or externally, which contains any wood alcohol or methyl alcohol, either crude or refined, under or by whatever name or trademark the same may be called or known.

Source. 1911, 16:1. 1915, 3:1. PL 162:51. 1933, 6:1. RL 193:50.

Section 339:48

    339:48 Warning Label; Color to be Added. – No person shall sell, offer for sale, have in possession with intent to sell, deal in, supply or give away any wood alcohol or methyl alcohol, either crude or refined, under or by whatever name the same may be called or known, or however manufactured, and whether in concentrated or dilute form, unless the container in which the same is sold, delivered, offered for sale, possessed for sale, dealt in, supplied, or given away shall bear a label or tag with the following conspicuously printed in red thereon, viz.:

(Skull and crossbones symbol)


"WARNING-Methanol is a violent poison. It cannot be taken internally without inducing blindness and general physical decay, with death resulting either soon or ultimately. Inhalation of its vapors or prolonged contact with the skin are to be avoided. Its use in any article of food, beverage or medicinal or toilet preparation for human use internally or externally is unlawful."
Provided, however, that where wood alcohol or methyl alcohol is added by the vendor direct to the radiator of an automobile, the labeling here stipulated shall not be required. But no person shall sell, offer for sale, have in possession with intent to sell, deal in, or supply any wood alcohol or methyl alcohol, offered or intended for other than industrial use, unless the said alcohol has added to it a dye, such as to impart a conspicuous color.

Source. 1915, 3:2. PL 162:52. 1933, 6:2. RL 193:51.

Section 339:49

    339:49 Denatured Alcohol; Sales as "Alcohol" Prohibited. – No person shall sell, offer for sale or label or advertise for sale, as "alcohol" without qualification, any fluid or solid which is not ethyl alcohol free from denaturing substances and from any other added matter; nor shall any person sell any product or preparation the label of which claims "alcohol" without qualification as an ingredient, unless such alcohol shall be exclusively ethyl alcohol; nor shall any person sell in package form any so-called completely denatured alcohol the container of which does not bear conspicuously the words "Denatured Alcohol."

Source. 1915, 3:3. PL 162:53. 1933, 6:3. RL 193:52.

Section 339:50

    339:50 Penalty. – Any person who violates any provision of this subdivision shall be guilty of a misdemeanor.

Source. 1915, 3:4. PL 162:54. RL 193:53. RSA 339:50. 1973, 528:236, eff. Oct. 31, 1973 at 11:59 p.m.

Caustic Potash, Oxalic Acid, Etc.

Section 339:51

    339:51 Repealed by 1965, 77:2, eff. July 1, 1965. –

Section 339:52

    339:52 Misbranding; Standards of Quality. – No person shall manufacture for sale, keep for sale, or sell, for household use, any ammonia or any laundry type chlorinated bleaching fluid the label or package of which shall bear any false or misleading statements. Any ammonia for household use whether or not the word ammonia is qualified by "sudsy", "scented", "detergent", or any other combination of terms, shall have an ammonia content of not less than 4 percent by weight calculated as ammonia. Any laundry type chlorinated bleaching fluid shall contain not less than 2-1/4 percent by weight of available chlorine.

Source. 1927, 8:1. RL 193:55. RSA 339:52. 1975, 356:1, eff. Aug. 6, 1975.

Section 339:53

    339:53 Enforcement. – The department of health and human services shall enforce the provisions of this subdivision and is authorized and empowered to approve such brands and labels intended for use hereunder as may be submitted to it for that purpose and as may in its judgment conform to the requirements hereof; provided that, in any prosecution hereunder, the fact that any brand or label involved in said prosecution has not been submitted to said department for approval, or if submitted has not been approved by it, shall be immaterial.

Source. 1925, 46:2. PL 162:56. RL 193:56. RSA 339:53. 1983, 291:1, I. 1995, 310:175, 181, eff. Nov. 1, 1995.

Section 339:54

    339:54 Authority to Embargo and Condemn. – Any article found in violation of this subdivision may be subject to embargo and condemnation in accord with the provisions of RSA 146:20.

Source. 1953, 84:1, eff. April 10, 1953.

Section 339:55

    339:55 Penalty. – Any person who violates any provision of this subdivision shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.

Source. 1925, 46:3. PL 162:57. RL 193:57. RSA 339:55. 1973, 530:50, eff. Oct. 31, 1973 at 11:59 p.m.

Manufacture, Sale, Etc., of Bedding

Section 339:56

    339:56 Labels; Use of Undisinfected Secondhand Materials Prohibited. – No person shall manufacture for purposes of sale, sell, offer or expose for sale, or have in possession with intent to sell, any mattress, pillow, cushion, muff bed, quilt, upholstered furniture or similar article having a filling of hair, down, feathers, wool, cotton, kapok or other material, unless there is plainly marked upon each such article, or upon a tag of some durable substance sewed thereon, or otherwise securely attached thereto, a statement of the kind of material used for filling in the manufacture of such article, the name of the manufacturer or vendor, and also, if the material has been previously used, the word, secondhand. Provided, that no secondhand materials, the use of which is not prohibited under RSA 339:59 and which may be deemed by the department of health and human services suitable for reuse, shall be used unless the same have been disinfected by a method or methods approved by the said department.

Source. 1925, 157:1. PL 162:58. 1941, 162:1. RL 193:58. RSA 339:56. 1983, 291:1, I. 1995, 310:175, 181, eff. Nov. 1, 1995.

Section 339:57

    339:57 Bales, etc. – If any such article is enclosed in a bale, box, crate or other receptacle, there shall be plainly marked upon such receptacle, or upon a durable tag securely attached thereto, a statement that the contents of the package are marked as herein required.

Source. 1925, 157:1. PL 162:59. RL 193:59.

Section 339:58

    339:58 Renovated Mattresses. – Whoever renovates or remakes any mattress shall attach a tag thereto bearing the word remade and a statement of the kind of material used for filling.

Source. 1925, 157:1. PL 162:60. RL 193:60.

Section 339:59

    339:59 Prohibited Materials. – No person shall use, in the manufacture of any such article for purposes of sale, or sell, offer or expose for sale, or have in possession for the purpose of such use or for sale or for use in remaking or renovating any such article, any material which has previously been used in or about a hospital, or on or about the person of anyone having an infectious or contagious disease, nor shall any person sell, or offer or expose for sale, any such article containing materials which have been previously so used.

Source. 1925, 157:2. PL 162:61. RL 193:61.

Section 339:60

    339:60 Labeling Material. – No person engaged in the business of selling any hair, down, feathers, wool, cotton, kapok or other materials commonly used for filling such articles, shall ship any box, crate, package or other container in which is placed any such hair or other such material unless there is attached thereto a tag containing a statement of the contents of the package together with the name of the vendor, and, if the material has been used before, with the word, secondhand. Provided, that no person shall ship, sell or use for the purposes named in this subdivision any secondhand materials, not being prohibited under RSA 339:59 and deemed by the department of health and human services suitable for reuse, which have not been disinfected by a method or methods approved by the said department.

Source. 1925, 157:3. PL 162:62. 1941, 162:2. RL 193:62. RSA 339:60. 1983, 291:1, I. 1995, 310:175, 181, eff. Nov. 1, 1995.

Section 339:61

    339:61 False Representation. – No person shall sell or offer for sale any such material which has been used before, representing the same to be new material.

Source. 1925, 157:3. PL 162:63. RL 193:63.

Section 339:62

    339:62 Penalty. – Whoever violates any of the foregoing provisions of this subdivision shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

Source. 1925, 157:3, 8. PL 162:64. RL 193:64. RSA 339:62. 1973, 528:237, eff. Oct. 31, 1973 at 11:59 p.m.

Section 339:63

    339:63 Removing Label. – Whoever, except a purchaser at retail, removes or effaces any marking upon any article or receptacle or any tag or label attached therein as above provided shall be guilty of a violation.

Source. 1925, 157:7. PL 162:65. RL 193:65. RSA 339:63. 1973, 531:107, eff. Oct. 31, 1973 at 11:59 p.m.

Section 339:64

    339:64 Evidence. – Possession of any such article, not marked as herein provided, by any person engaged in the business of manufacturing, selling or offering the same for sale shall be prima facie evidence that such article is being manufactured, remade or renovated, or is offered or exposed for sale, in violation of the provisions of this subdivision.

Source. 1925, 157:1. PL 162:66. RL 193:66.

Section 339:65

    339:65 Duty, Police, Etc. – Any police officer, member of any local board of health, or other town official, who has reason to believe that any provision hereof has been or is being violated shall give notice thereof to the department of health and human services.

Source. 1925, 157:6. PL 162:67. RL 193:67. RSA 339:65. 1983, 291:1, I. 1995, 310:181, eff. Nov. 1, 1995.

Section 339:66

    339:66 Duty, Department of Health and Human Services. – The department of health and human services, whenever there is reason to believe that any provision hereof is being violated in any factory, shop, warehouse, store or other place, shall cause an investigation of such place to be made, and for this purpose any member or duly authorized employee of said department may enter such building or other place at all reasonable times. If, upon investigation, mattresses, pillows, cushions, muff beds, quilts or similar articles, or materials for use in the manufacture, remaking or renovating of the same, shall there be found, which have been previously used in or about a hospital, or on or about the person of anyone having an infectious or contagious disease, such materials or articles, whether manufactured, remade or renovated or in process thereof, shall be marked by the department with labels bearing the word unclean in conspicuous letters, and the department, with or without notice to the owner or supposed owner, may order the removal and destruction of the said materials or articles or make such other order relating thereto as the circumstances of the case require.

Source. 1925, 157:4. PL 162:68. RL 193:68. RSA 339:66. 1983, 291:1, I. 1995, 310:175, 181, eff. Nov. 1, 1995.

Section 339:67

    339:67 Posting Premises. – The department of health and human services, or its duly authorized employee, whenever it is deemed necessary to safeguard the public health, may post upon any building or part thereof containing such materials or articles, or from which the same have been removed, a notice or warning of the danger of contagion or infection resulting from violation of the provisions hereof, and may continue such notice upon the said premises until the same have been properly cleaned and disinfected. Whoever removes or effaces such notice or warning except by order of the department shall be guilty of a violation.

Source. 1925, 157:5. PL 162:69. RL 193:69. RSA 339:67. 1973, 531:108. 1995, 310:175, 181, eff. Nov. 1, 1995.

Section 339:68

    339:68 Limitation. – The provisions of this subdivision, except RSA 339:66 and 339:67, shall not apply to persons who sell or offer for sale goods of the kinds herein mentioned which are owned by them and have been in good faith used by them in their own houses or hotels, or to administrators, executors, guardians or trustees in bankruptcy.

Source. 1925, 157:9. PL 162:70. RL 193:70.

Sale of Solid Fuel Heating Appliances

Section 339:69

    339:69 Safety Information Required. –
All dealers selling solid fuel heating appliances shall supply the purchaser with complete instructions on the safe installation and operation of the appliance. Such instructions shall include, but not be limited to, the following:
I. Safe clearance from structural members, as established by the National Fire Protection Association's pamphlet 89M, "Clearance for Heat Producing Appliances";
II. The type of fuel to be burned in the appliance;
III. Proper starting instructions;
IV. Proper storage of fuel;
V. Safe disposal of ashes; and
VI. Proper chimney maintenance.

Source. 1979, 449:1, eff. Aug. 24, 1979.

Section 339:70

    339:70 Penalty. – Any person failing to comply with the provisions of this subdivision shall be guilty of a violation if a natural person or guilty of a misdemeanor if any other person.

Source. 1979, 449:1, eff. Aug. 24, 1979.

Packaging Materials

Section 339:71-339:76

    339:71-339:76 Repealed by 2007, 138:6, II, eff. Aug. 17, 2007. –

Lead Fishing Sinkers and Jigs

Section 339:77

    339:77 Lead Fishing Sinkers and Jigs; Sale Prohibited. –
I. No person shall sell at retail or offer for retail sale within the state of New Hampshire a lead sinker or lead jig.
II. For purposes of this section, "sell at retail" or "retail sale" means the sale to any person in the state of New Hampshire for any purpose other than for resale, "lead sinker" means any sinker made from lead that weighs one ounce or less, "lead jig" means a lead weighted hook that weighs one ounce or less. Prohibited fishing tackle shall include lead sinkers with a total weight of one ounce or less and lead jigs with a total weight of one ounce or less, regardless of whether they are painted, coated, or covered by some other substance or by attached skirts. Lead sinkers and lead jigs shall not include lead fishing related items, including but not limited to lead core line, spinnerbaits, buzzbaits, spoons, poppers, plugs, or flies.
III. Any person who violates this section shall be guilty of a separate violation for each day of sale or offering of sale, provided that the penalty for each violation of this section shall not exceed $250.

Source. 2004, 172:2, eff. Jan. 1, 2006. 2013, 193:2, eff. June 1, 2016.

Petroleum Sales Contracts

Section 339:78

    339:78 Definitions. –
In this subdivision:
I. "Consumer" means a person who purchases home heating oil, kerosene, or liquefied petroleum gas for personal, family, or household purchases.
II. "Heating fuel" means heating oil, kerosene, or liquefied petroleum gas.
III. "Heating fuel season" means a period of 12 months beginning no earlier than May 1.

Source. 2007, 376:4, eff. Sept. 1, 2007. 2014, 300:1, eff. Jan. 1, 2015.

Section 339:79

    339:79 Requirements for Guaranteed Price Plans and Prepaid Contracts for Petroleum. –
I. A contract with a consumer that offers a guaranteed price plan, requires prepayment by the consumer, or similar contracts shall be in writing and shall disclose the terms and conditions of the plan. A solicitation for such a guaranteed price plan that could become a contract upon response from a consumer shall also be in writing with the terms and conditions disclosed in plain language.
II. A contract for the retail sale of home heating oil, kerosene, or liquefied petroleum gas to a consumer shall also indicate the total amount of money to be paid by the consumer, the gallons committed by the fuel dealer to be delivered under the contract, the price per gallon, the payment terms, the duration of the contract, the remedies enforceable by the dealer against a non-performing consumer, and that the contract is secured as provided in this section. The information required by this section shall be in plain language and shall be printed in no less than 12-point boldface type of uniform font after the price of service described.
III. A contract that requires prepayment by the consumer shall comply with paragraphs I and II of this section. Such contract also:
(a) Shall not be advertised or solicited by the dealer in any manner to advertise, solicit, or promote the details of prepaid contracts being offered to consumers, nor shall the dealer solicit or promote pre-buy services independent of all the services offered by the dealer, earlier than May 1 or later than October 31 of the year in which the heating fuel season begins. Such contracts may be signed prior to May 1 only at the request of the consumer.
(b) Shall require dealers to reimburse consumers at the contract price for any undelivered pre-purchased fuel, within 30 days after the contract ends, unless the dealer and consumer agree to different terms.
(c) Shall include a clear explanation of the means by which the dealer will meet the obligations of the contract for the entire contract period, including supplier agreements, futures contracts, bonding, a line of credit or liquid product inventory.
(d) Shall not falsely claim coverage. Any dealer who falsely claims coverage or fails to maintain coverage until the completion of the contract shall be guilty of a class A misdemeanor, in addition to other penalties as provided in paragraph VI.
IV. No home heating oil, kerosene, or liquefied petroleum gas dealer shall enter into a prepaid contract to provide home heating oil, kerosene, or liquefied petroleum gas to a consumer unless that dealer has, within 7 days of the acceptance of the contract, obtained and maintained any one of the following:
(a) A firm commitment in the form of a futures contract or other commitment that guarantees that the dealer may purchase, at a fixed price, heating oil, kerosene, or liquefied petroleum gas in an amount not less than 75 percent of the maximum number of gallons that the dealer is committed to deliver pursuant to all prepaid contracts entered into by the dealer. The amount of such futures contract may be reduced to reflect any amount of home heating oil, kerosene, or liquefied petroleum gas already delivered to and paid for by the consumer;
(b) A surety bond, made payable to the attorney general, in an amount not less than 50 percent of the total amount of funds paid to the dealer by consumers pursuant to prepaid heating oil, kerosene, or liquefied petroleum gas contracts;
(c) A letter of credit, made payable to the attorney general, from an FDIC-insured institution in an amount that represents 100 percent of the cost to the dealer of the maximum number of gallons that the dealer is committed to deliver pursuant to all prepaid contracts entered into by the dealer. The cost shall be calculated at the time the contracts are entered into; or
(d) A liquid product inventory of home heating oil, kerosene, or liquefied petroleum gas in an amount equal to 75 percent of the outstanding volume in gallons that the dealer is obligated to deliver under the terms of prepaid contracts in force.
V. Paragraph IV of this section shall not apply to budget plans under which consumers pay their yearly heating costs by making equal monthly payments.
V-a. A home heating oil, kerosene, or liquefied petroleum gas dealer who offers prepaid contracts under this section shall register the dealer's intent to offer such contracts with the secretary of state by May 1 of each year. Registration shall be on a form provided by the secretary of state and shall indicate which securitization method or combination of methods listed in paragraph IV are used to secure the contracts.
V-b. A home heating oil, kerosene, or liquefied petroleum gas dealer who offers prepaid contracts under this section shall file an annual report with the secretary of state by December 1 of each year demonstrating how the dealer has satisfied the requirements of this section, including how the prepaid contracts are secured. The report shall be made on a form provided by the secretary of state. The form shall conspicuously bear the warning that making a false statement on the form shall constitute an unfair or deceptive act or practice in violation of RSA 358-A. The report shall be signed by the dealer. If the dealer is a corporation, the report shall be signed by either the president or an officer of the corporation and shall include a list of all of the members of the board of directors of the corporation. The secretary of state may not charge a fee for the form or for filing the report.
VI. Failure to comply with this section shall constitute an unfair or deceptive act or practice in violation of RSA 358-A.

Source. 2007, 376:4, eff. Sept. 1, 2007. 2014, 300:2-4, eff. Jan. 1, 2015. 2016, 107:1, eff. July 19, 2016.