RSA 339-A:1 · Prohibited Acts

339-A:1 Prohibited Acts. – The following acts and the causing thereof are hereby prohibited:

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I.

The manufacture, sale or delivery, holding or offering for sale of any misbranded hazardous substance.

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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.

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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.

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IV.

The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by RSA 339-A:5.

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V.

The removal or disposal of a detained or embargoed article in violation of RSA 339-A:6.

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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.

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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.

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