New Hampshire Revised Statutes 339-A:5 – Enforcement; Regulations; Exemptions
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I. The department of health and human services is charged with the enforcement of this chapter. All inspectors and employees of the department, upon presenting appropriate credentials, shall be permitted access, at reasonable times, to any factory, warehouse, or establishment in which hazardous substances are manufactured, processed, packed, or held for sale, or to enter any vehicle being used to transport or hold such hazardous substances for purposes of inspection for compliance with this chapter and to obtain samples, if desired, provided the value thereof is tendered to the manufacturer, distributor or vendor.
II. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
(a) Declaring any substance or mixture of substances to be a hazardous substance which he finds meets the requirements of N.H. Rev. Stat. § 339-A:2, II(a).
(b) Establishing such reasonable variations or additional label requirements as may be found necessary for the protection of the public health and safety. Any such hazardous substance intended, or packaged in a form suitable, for use in the household or by children, which fails to bear a label in accordance with such rules shall be deemed to be a misbranded hazardous substance.
(c) Flammability under N.H. Rev. Stat. § 339-A:2, IX.
(d) Labeling requirements under N.H. Rev. Stat. § 339-A:3.
(e) Exemptions under N.H. Rev. Stat. § 339-A:5, III.
(f) All regulations relating to hazardous substances promulgated under the federal act.
(g) A schedule of administrative fines which may be imposed under N.H. Rev. Stat. § 339-A:7-a for violation of this chapter or the rules adopted pursuant to it.
(h) Procedures for notice and hearing prior to the imposition of an administrative fine imposed under N.H. Rev. Stat. § 339-A:7-a.
III. If the commissioner finds that because of the size of the package involved or because of the minor hazard presented by the substance contained therein, or for other good and sufficient reasons, failure to comply with the labeling requirements otherwise applicable under this chapter is impracticable or is not necessary for the adequate protection of the public health and safety, the commissioner may adopt rules exempting such substance from the requirements to the extent he determines to be consistent with adequate protection to the public health. The commissioner may exempt from the requirements established by or pursuant to this chapter any hazardous substance or any container of a hazardous substance with respect to which he finds that adequate requirements satisfying the purposes of this chapter have been established by or pursuant to any other state law or rules adopted under such law.
II. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
Terms Used In New Hampshire Revised Statutes 339-A:5
- commissioner: means the commissioner of the department of health and human services. See New Hampshire Revised Statutes 339-A:2
- federal act: means the Federal Hazardous Substances Labeling Act. See New Hampshire Revised Statutes 339-A:2
- 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
- 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
(a) Declaring any substance or mixture of substances to be a hazardous substance which he finds meets the requirements of N.H. Rev. Stat. § 339-A:2, II(a).
(b) Establishing such reasonable variations or additional label requirements as may be found necessary for the protection of the public health and safety. Any such hazardous substance intended, or packaged in a form suitable, for use in the household or by children, which fails to bear a label in accordance with such rules shall be deemed to be a misbranded hazardous substance.
(c) Flammability under N.H. Rev. Stat. § 339-A:2, IX.
(d) Labeling requirements under N.H. Rev. Stat. § 339-A:3.
(e) Exemptions under N.H. Rev. Stat. § 339-A:5, III.
(f) All regulations relating to hazardous substances promulgated under the federal act.
(g) A schedule of administrative fines which may be imposed under N.H. Rev. Stat. § 339-A:7-a for violation of this chapter or the rules adopted pursuant to it.
(h) Procedures for notice and hearing prior to the imposition of an administrative fine imposed under N.H. Rev. Stat. § 339-A:7-a.
III. If the commissioner finds that because of the size of the package involved or because of the minor hazard presented by the substance contained therein, or for other good and sufficient reasons, failure to comply with the labeling requirements otherwise applicable under this chapter is impracticable or is not necessary for the adequate protection of the public health and safety, the commissioner may adopt rules exempting such substance from the requirements to the extent he determines to be consistent with adequate protection to the public health. The commissioner may exempt from the requirements established by or pursuant to this chapter any hazardous substance or any container of a hazardous substance with respect to which he finds that adequate requirements satisfying the purposes of this chapter have been established by or pursuant to any other state law or rules adopted under such law.