Definition; Milk Producer.
The term "milk producer" means any person who owns or controls one or more cows, sheep, or goats, a part or all of the milk or milk products from which are sold, or offered for sale.
XII. The term "dairy farm" means any place or premises where one or more cows, sheep, or goats are kept, a part or all of the milk or milk products from which is sold or offered for sale.
XXII. The term "milk" means the lacteal secretion, practically colostrum free, obtained by the complete milking of one or more healthy cows, sheep, or goats. 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 21/2 percent milk fat.
RSA 184:89
Application; Issue.
The commissioner may issue a permit to any milk producer upon receipt of a
written application upon a form furnished by the commissioner and setting forth
such information concerning the applicant and the applicant's operation
and facilities as may by rules be required. A permit will be granted upon the
condition that the applicant shall at all times conduct its operation
and maintain its facilities in accordance with the requirements
of this subdivision and all rules adopted under this subdivision.
Permits shall not be transferable with respect to persons or locations.
All permits once issued shall remain in effect until revoked or until 6 months
following the date on which milk production ceased at the permitted facility.
Permanent milking facilities at fairgrounds or other locations which are
used at least annually shall be exempt from the 6-month period. A current
listing of all valid permit holders shall be available for review in the
department of health and human services.
184:90-a Suspension. The commissioner may suspend a producers permit if it is found after investigation that circumstances exist which threaten the health or safety of the public. If a producer's permit is suspended, the commissioner shall provide the permittee with written notice of the basis for the decision and shall include a notification of the time and place of a hearing before the milk sanitation board. The hearing following suspension shall be held within 10 working days of the date of the suspension. No milk producer shall operate during the pendency of any administrative proceeding following suspension of the producer's permit. If a producer demonstrates that the circumstances resulting in suspension have been corrected, and no longer constitute a threat to the health or safety of the public, the commissioner may reinstate the producer's permit without requiring a hearing before the milk sanitation board.
184:105 Administrative Fines. The commissioner, after notice and hearing, 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. The range of administrative fines shall be scaled to reflect the scope and severity of the violation. Rehearings and appeals from a decision of the commissioner regarding imposition of an administrative fine shall be in accordance with RSA 541. No administrative fine imposed under this section shall preclude the imposition of further or additional penalties or administrative actions under this chapter. The commissioner shall adopt rules in accordance with RSA 541-A relative to the amount of administrative fines, process of imposition of fines, and hearing procedures. 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 as unrestricted revenue.
(Approved: May 19, 1997)
(Effective Date: January 1, 1998)
