New Hampshire § 146-11 - Section 146:11 Enforcement; Rules; Inspections.

§ 146-11. Section 146:11 Enforcement; Rules; Inspections.

I. The department of health and human services is charged with the enforcement of this chapter. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, necessary for the proper enforcement thereto, including as a part of said rules, when not inconsistent with existing laws, the adoption of such definitions and standards of identity, standards of quality or fill of container as may from time to time be promulgated under the federal food, drug and cosmetic act, and may similarly adopt regulations promulgated under the federal meat inspection act. The commissioner shall cause inspections to be made of the quality, condition, and branding of foods and drugs, devices, or cosmetics, found on sale, possessed for sale, or in process of manufacture or distribution, and shall collect samples for analysis in its laboratories. The commissioner shall compile a formulary of the 200 most frequently prescribed types of medication of prescription drugs giving both brand and generic names, if any, and cause such formulary to be distributed to all pharmacies and drug stores, physicians, and medical students in the state. All inspectors and other employees appointed by the commissioner shall be permitted access at all reasonable hours to all places of business concerned in the manufacture, production, transportation, distribution, and sale of foods and drugs, devices, or cosmetics; shall have power to open and examine any package or container of any kind containing, or believed to contain, any article of food or drug, devices, or cosmetics, which may be manufactured, distributed, sold, or possessed for sale in violation of the provisions of this chapter; and may take samples therefrom for analysis, tendering to the manufacturer, distributor or vendor the value thereof. II. The commissioner of the department of health and human services shall adopt rules pursuant to RSA 541-A relative to: (a) Definitions and standards of identity for determining misbranding of foods under RSA 146:5. (b) Requirements for labeling and packaging of drugs and devices under RSA 146:6. (c) Exemptions for small packages under RSA 146:8, II. (d) Advertisement of drugs and devices under RSA 146:9, II. (e) Enforcement procedures and administrative fines for violations of rules concerning additives to fresh produce. Such fines shall not exceed $200 for a first violation and shall not exceed $500 for each subsequent offense. (f) A schedule of administrative fines which may be imposed under RSA 146:18-a for violation of this chapter or the rules adopted pursuant to it. (g) Procedures for notice and hearing prior to the imposition of an administrative fine imposed under RSA 146:18-a.