Section 146:12 Flour and Bread Enrichment.
No person shall, within the state, distribute, manufacture, bake, mix or compound for sale, offer for sale, have in possession with intent to sell or sell for human consumption, any flour, white bread or rolls unless the same conforms to the definition and standard of identity then in effect for enriched flour, enriched rolls or enriched buns, fixed and established by order of the commissioner.
I. Definitions. When used in this section the following words shall mean as follows:
(a) The term ""Flour'' includes and shall be limited to the foods defined as flour, white flour, wheat flour, plain flour, bromated flour, self-rising flour, self-rising white flour, self-rising wheat flour, phosphated flour, phosphated white flour and phosphated wheat flour in standards of identity as promulgated by the commissioner, but does not include whole wheat flours or special flours not used for bread, rolls, bun or biscuit baking, such as specialty cake, pancake and pastry flours.
(b) ""White bread'' means any bread made with flour as defined in (a), whether baked in a pan or on a hearth or screen which is commonly known or usually represented and sold as white bread, including, but not restricted to, Vienna bread, French bread, and Italian bread.
(c) ""Rolls'' includes plain white rolls and buns of the semi-bread dough type, such as soft rolls, hamburger, hot dog, Parker House, etc., hard rolls, such as Vienna, Kaiser, etc., all made without fillings or icings but shall not include yeast-raised sweet rolls or sweet buns, cinnamon rolls or buns, butterfly rolls, etc.
(d) The term ""Enriched'' means the addition to flour of the vitamins and other nutritional ingredients necessary to make it conform to the standard of identity of enriched flour or enriched bromated flour, or enriched self-rising flour, as fixed and established by the commissioner.
II. Enforcement Rules and Regulations. The department of health and human services is charged with the enforcement of this section. The commissioner may make rules and regulations for the proper enforcement thereof, including as a part of said rules and regulations when not inconsistent with existing laws, the adoption of such definitions and standards of identity as may from time to time be promulgated by federal authorities pursuant to the provisions of any federal act governing such flour and bread.
III. Inspections. Said commissioner shall cause inspections to be made and all inspectors and other employees appointed by said commissioner shall be permitted access at all reasonable hours to all places of business concerned in the manufacture, production, transportation, distribution, and sale of flour, white bread or rolls; shall have power to open and examine any package or container of any kind containing, or believed to contain, any such flour, bread or rolls which may be manufactured, distributed, sold or possessed for sale, in violation of the provisions of this section.
IV. Publication. All rules and regulations adopted by the commissioner pursuant to this section shall be published at least once in at least one daily newspaper of general circulation, printed and published in this state, and said rules and regulations shall become effective upon such date as the commissioner shall fix.
V. Exception. Provided, however, that this section shall not apply to flour sold to distributors, bakers or other processors where such flour is either (1) resold to a distributor, baker or other processor, or (2) used in the manufacture, mixing or compounding of flour, white bread or rolls enriched to meet the requirements of this section, or (3) used in the manufacture of products other than flour, white bread or rolls. It shall be unlawful for any such purchaser to use or resell the flour so purchased in any manner other than prescribed herein.
Source. 1945, 125:1. RSA 146:12. 1955, 151:1. 1983, 291:1, I. 1995, 310:181, 183, eff. Nov. 1, 1995.