New Hampshire Revised Statutes 339-A:1 – Prohibited Acts
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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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 339-A:5.
V. The removal or disposal of a detained or embargoed article in violation of N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 146:2.
I. The manufacture, sale or delivery, holding or offering for sale of any misbranded hazardous substance.
Terms Used In New Hampshire Revised Statutes 339-A:1
- commissioner: means the commissioner of the department of health and human services. See New Hampshire Revised Statutes 339-A:2
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- 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 N. See New Hampshire Revised Statutes 339-A:2 - 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. See New Hampshire Revised Statutes 339-A:2
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 339-A:5.
V. The removal or disposal of a detained or embargoed article in violation of N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 146:2.