RSA 434
I. "Cider" means the unfermented juice of apples.
II. "Commissioner" means the commissioner of the department of agriculture, markets and food.
III. "Person" means any individual, firm, company, partnership, corporation, association, cooperative, business trust, or legal entity of any kind.Source. 1994, 14:1. 1995, 130:4, eff. July 23, 1995.
The commissioner may adopt rules, pursuant to RSA 541-A, relative to the manufacture,
blending, labeling, and sale of cider in New Hampshire. Such rules shall be
designed to ensure the following:
I. That any cider which is claimed or implied to have been produced in New Hampshire
is in fact produced in New Hampshire.
II. That the term "cider' have a specific commercial definition in New
Hampshire, and that the term's commercial use in New Hampshire be restricted
to the sale of products which fall under that definition.
III. That all other terms used in the labeling and sale of cider and cider blends
in New Hampshire be consistent and clear.
IV. That any container of cider sold in New Hampshire bears a label which clearly
identifies its producer, and which conspicuously and accurately describes its
contents.
V. That unpasteurized cider may be sold within the state if such cider is clearly
labeled as unpasteurized.
Source. 1994, 14:1, eff. Jan. 1, 1995. 2001, 137:2, eff. Aug. 28, 2001.
It shall be unlawful in New Hampshire to manufacture, sell, or distribute cider or any product called "cider" by any means that violate any of the provisions of this subdivision, or any of the rules adopted under this subdivision.
Source. 1994, 14:1, eff. Jan. 1, 1995.
The commissioner shall have general authority to administer and enforce the provisions of this subdivision and may adopt rules pursuant to RSA 541-A as are necessary to carry out the purposes of this subdivision. The commissioner or duly authorized agent shall have free access at all reasonable hours to any place, building or vehicle in which apple cider is manufactured, sold, offered, or exposed for sale or exchanged or distributed at retail or wholesale. The commissioner or duly authorized agent shall have authority to open any package or container, and may upon tendering the market price take such container and its contents or sample from the package or container.
Source. 1994, 14:1, eff. Jan. 1, 1995.
When the commissioner or duly authorized agent has reasonable cause to believe cider is being distributed in violation of any of the provisions of this subdivision, or any of the rules adopted under this subdivision, the commissioner or duly authorized agent may issue and serve a written "stop sale, use or removal" order upon the owner or custodian of any such cider. The cider shall not be sold, used or removed until the provisions of this subdivision have been complied with and the cider has been released by the commissioner or duly authorized agent or the violation has been otherwise disposed of as provided in this subdivision by a court of competent jurisdiction.
Source. 1994, 14:1, eff. Jan. 1, 1995.
When the commissioner learns of any violation of any provision of this subdivision, notice of such violation, together with a copy of the findings, shall be given to the person or persons concerned. Persons so notified shall be afforded a hearing under rules adopted by the commissioner. Affidavits under oath may be received by the commissioner.
Source. 1994, 14:1, eff. Jan. 1, 1995.
I. Any person who violates any provision of this subdivision or rule adopted under this subdivision shall be guilty of a misdemeanor. For any subsequent offense, a person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. Any person who violates any provision of this subdivision or any rule adopted or order issued under this subdivision shall, in addition, be liable for a civil forfeiture not to exceed $5,000 for each violation, for each day of a continuing violation, which may be collected in a civil action or in connection with an action for injunctive relief brought by the attorney general.
III. Any person who violates any provision of this subdivision, or any rule or order of the commissioner, shall be subject to the imposition of an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.Source. 1994, 14:1, eff. Jan. 1, 1995.
Nothing in this subdivision shall be construed as interfering with the powers of the department of health and human services, division of public health services, or with statutes relating to public health and sanitary inspection, production and distribution of food.
Source. 1994, 14:1. 1995, 310:181, eff. Nov. 1, 1995.
