§ 175:1 — Definitions
In this title:
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In this title:
I. "Adult" means any individual 21 years of age, or older.
II. "Airport" means any type of landing area open to the public, which has facilities including but not limited to hangars, refueling areas, maintenance or repair service and commercial scheduled passenger aviation operations.
III. "Alcohol" means that substance known as ethyl alcohol or hydrated oxide of ethyl alcohol which is commonly produced by the fermentation or distillation of grain, starch, molasses, sugar, potatoes or other substances, including all solids, powders, crystals, dilutions and mixtures of these substances.
IV. "Alpine slide" means a recreational facility open to the general public, equipped with at least one permanent slide and at least one passenger tramway device as described in RSA 225-A:2, I(a) through I(e).
IV-a. "Alternative nicotine product" means any noncombustible product containing nicotine (whether natural or synthetic) that is intended for human consumption, whether chewed, absorbed, dissolved, ingested, inhaled, or consumed by any other means. "Alternative nicotine product" does not include any e-cigarettes, e-liquid, or tobacco products, or any product regulated as a drug or device by the United States Food and Drug Administration under chapter V of the Food, Drug and Cosmetic Act.
V. "Ballroom" means an indoor facility which has seating accommodations for at least 500 patrons and which provides live entertainment.
VI. "Bed and breakfast" means a building or buildings regularly used and kept open as such in a bona fide manner for the feeding and lodging of transient guests. A bed and breakfast shall have at least 4 rentable rooms and an area of dining capable of accommodating the number of registered guests and whose posted room rates shall include breakfast.
VII. "Beer" means beer, specialty beer as defined by RSA 175:1, LXIV-a, lager beer, ale, porter and similar fermented malt beverages.
VIII. "Beverage" means any beer, wine, similar fermented malt or vinous liquors and fruit juices, and any other liquid intended for human consumption as a beverage having an alcoholic content of not less than 1/2 of one percent by volume and not more than 6 percent alcohol by volume at 60 degrees Fahrenheit and specialty beer as defined in RSA 175:1, LXIV-a. The commission may approve any fermented malt beverage, other similar fermented and brewed beverage, or mead greater than 6 percent but not to exceed 8 percent or any cider greater than 6 percent or any specialty cider greater than 8 percent and not to exceed 12 percent alcohol by volume at 60 degrees Fahrenheit. A beverage shall not be considered a product classified by the commission as a domestic wine as defined in RSA 175:1, LXVII, or a table wine as defined in RSA 175:1, LXIX, or a fortified wine as defined in RSA 175:1.
IX. [Repealed.]
IX-a. "Beverage manufacturer retail outlet" means an outlet for the sale, sampling, and promotion of beverages and other products manufactured by a beverage manufacturer licensee.
X. "Beverage vendor" means an individual, partnership, limited liability company, or corporation, including any subsidiaries thereof, which sells beverages or specialty beverages to wholesale distributors.
XI. [Repealed.]
XI-a. "Billboard" means a large, flat surface, panel, wall, or fence outside on which advertising is posted, written or carried, or specifically authorized signs where the lettering advertising beverages or liquor exceeds 15 inches in height and is visible to the general or non-paying public.
XI-b. "Billiards/pool hall" means a facility which has at least 12, non-coin operated, regulation size, pocket billiard, billiard, snooker, or pool tables available to the public at all times the facility is open.
XII. "Bowling facility" means a facility equipped with 6 or more regulation lanes in operating condition.
XII-a. "Brew pub" means a manufacturer of beer, specialty beer, or cider not exceeding 2,500 barrels annually, which as a functional part of its business, maintains a full service restaurant serving the beer it manufactures as well as other beverage and liquor as allowed by RSA 178:21, II(a)(1) and RSA 178:22, V(q).
XIII. "Brewer" means a person who owns or operates a brewery.
XIV. "Brewery" means any place or premises where any beer is manufactured and all offices, granaries, mash-rooms, cooling-rooms, vaults, yards, cellars, and storerooms connected therewith or where any part of the process of manufacture of beer is carried on, or where any apparatus connected with such manufacture is kept or used, or where any of the products of brewing or fermentation are stored or kept.
XIV-a. "Caterer" means a person who provides meals or other food as well as liquor or beverage service to private groups on premises approved by the commission for such service. At least 50 percent of a caterer's sales conducted under a license issued by the commission shall be food. Caterers with annual food sales of at least $100,000 shall be exempt from the 50 percent requirement.
XV. "Caterer-off site" means:
(a) A person who operates a convention center, restaurant or hotel, and who conducts catering for private functions at off-site locations.
(b) An off-site catering service which is a business held out and advertised to the public which has a permanent non-residential business office with securable beverage and liquor storage areas. With the approval of the commission, an off-site catering service without a kitchen may subcontract for cooking services or the preparing of food.
XVI. "Catering facility-on site" means a facility with on site, permanent kitchen and dining facilities, with seating for 100 persons or more.
XVI-a. "Cider" means either the naturally fermented expressed juice of apples or the fermented expressed juice of apples to which activated yeast is added, containing not less than 1/2 of one percent alcohol by volume at 60 degrees Fahrenheit, which may contain flavoring, coloring or related ingredients and may be carbonated or fermented in a sealed container to produce a sparkling beverage or liquor. Cider, as defined here, shall not include cider as defined in RSA 426:13.
XVII. "Club-bottle" means a business, organized under the laws of this state, which maintains a premises that permits the storage of and the consumption of beverage or liquor and that operates with persons who, with or without compensation, furnish support services for the consumption of beverage and liquor to persons who have paid a reasonable fee for such services. Said business shall not be issued a license for the sale of liquor, wine or beverage.
XVIII. "Club-college or university" means a facility operated under the authority of an accredited college or university for use by its students, faculty, alumni and their guests.
XIX. "Club member" means an individual who, whether as a chartered member or admitted in accordance with the bylaws of the club, has become a member and who maintains membership in good standing by the payment of dues in a manner in accordance with bylaws and whose name and address is entered on the list of members. No individual who does not have full club privileges shall be considered a member.
XX. "Club-military" means a facility operated within the confines of a National Guard Armory for the sale of liquor, wine and beverages to members and their guests.
XXI. "Club-social" means a group of individuals, incorporated under the laws of this state and may be affiliated with any national fraternal organization approved by the commission, either of which shall have been in existence for at least one year before the club's application for license. The premises occupied by the club, whether owned or leased shall not have been operated for pecuniary gain for that one-year period. The club shall be for the use of members and their guests and the property and fixtures of the club shall belong to the members. The members shall have the right to vote in club affairs and run for office.
XXII. "Club-veterans" means a facility operated under the authority of a group of individuals, incorporated under the laws of this state, and which may be affiliated with any national organization, whose members comprise persons who served in the armed forces of the United States during any war in which the United States was engaged, and received an honorable discharge from such service. The premises occupied by the club, whether owned or leased, shall not have been operated for pecuniary gain. The club shall be for the use of members and their guests and the property and fixtures of the club shall belong to the members. The members shall have the right to vote in club affairs and run for office.
XXIII. "Cocktail lounge" means a room operated for the purpose of serving liquor and beverages without the benefit of food. A cocktail lounge shall be equipped with a bar area for the display of stock and the preparation and refrigeration of product.
XXIV. "Commission" means the state liquor commission.
XXIV-a. "Common carrier" means a person who, for a fee, provides public transportation of goods or persons.
XXV. "Complimentary liquor, wine or beverage" means a specified quantity of liquor, beverage or wine which is included in pricing of lodging, meals or other transactions.
XXV-a. "Contract brewer" means a beverage manufacturer, hired to produce a beverage on the behalf of another beverage manufacturer or brewpub, licensed by the commission or holding a license to manufacture a beverage issued by another state.
XXV-b. "Contract brewing arrangement" means a business relationship in which a beverage manufacturer is hired to produce a beverage on the behalf of another beverage manufacturer or brewpub, licensed by the commission or holding a license to manufacture a beverage issued by another state.
XXV-c. "Contract wine manufacturer" means a wine manufacturer, hired to produce a wine on the behalf of another wine manufacturer, licensed by the commission or holding a license to manufacture wine issued by another state.
XXV-d. "Contract wine arrangement" means a relationship in which a wine manufacturer is hired to produce a wine on the behalf of another wine manufacturer, licensed by the commission or holding a license to manufacture wine issued by another state.
XXV-e. "Contract liquor manufacturer" means a liquor manufacturer, hired to produce a liquor on the behalf of another liquor manufacturer, licensed by the commission or holding a license to manufacture liquor issued by another state.
XXV-f. "Contract liquor arrangement" means a business relationship in which a liquor manufacturer is hired to produce a liquor on the behalf of another liquor manufacturer, licensed by the commission or holding a license to manufacture liquor issued by another state.
XXVI. "Convention center" means a facility with seating for at least 600 persons consisting of at least one public dining area, which shall seat at least 175 persons, where meals are regularly served, and at least one cocktail lounge with a capacity of at least 200 persons, and convention rooms which together shall seat at least 225 persons and which are regularly used for the assembly of persons participating in business, political, professional or other organizational gatherings.
XXVII. "Corporation" means a corporation organized and incorporated under the laws of this state or authorized to transact business within this state.
XXVIII. "Designee" means a person designated in writing by the owner or operator of a business to hold the liquor license for that particular business. The owner or operator shall not designate more than one designee at a time and shall not be entitled to hold a license at the premises stated while such designation is in effect with said designee. The designee shall only be allowed to hold such license as long as the owner or operator is in lawful operation at the premises stated in the license.
XXIX. "Dining car" means any car which, while attached to a train operating for the transportation of passengers upon a regular or special schedule, is used for the serving of meals to passengers.
XXIX-a. "Direct shipper" means any licensee outside the state of New Hampshire who accepts orders placed from New Hampshire, by mail, telephone, Internet, or any electronic or other means, for liquor or beverages and who ships, packages for shipment, or facilitates in any way shipment of said liquor or beverages by a licensed carrier to a New Hampshire location.
XXX. "Drink rail" means a rail or shelf constructed at bar height. Drink rails shall be permanent in nature and shall be attached to a wall or the floor. Drink rails shall comprise no more than 50 percent of a facility's seating capacity, with each 2 feet of drink rail constituting one seat per side.
XXXI. "Drug store" means a business licensed under the provisions of RSA 318:38.
XXXI-a. "E-cigarette" means any electronic smoking device composed of a mouthpiece, a heating element, a battery, and electronic circuits that may or may not contain nicotine or e-liquid. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, or e-pipes, or under any other product name, and e-liquid. "E-liquid" means any liquid, oil, or wax product containing, but not limited to, nicotine or cannabis intended for use in devices used for inhalation.
XXXI-aa. "Farmers' market" means an event or series of events at which 2 or more vendors of agricultural commodities gather for purposes of offering for sale such commodities to the public. Commodities offered for sale must include, but are not limited to, products of agriculture, as defined in RSA 21:34-a. "Farmers' market" shall not include any event held upon any premises owned, leased, or otherwise controlled by any individual vendor selling therein.
XXXI-b. "Food service business" means a business kept, used, maintained, advertised, and held out to the public primarily as a place where meals are served. At least 50 percent of the sales of a food service business shall be food consumed on the premises. A food service business with annual food sales of at least $75,000 shall be exempt from the 50 percent requirement.
XXXII. "Full course meal" means a diversified selection of food.
XXXIII. "Full service restaurant" means a room or rooms capable of seating, at one or more tables with chairs or at booths, at least 20 guests at one time, unless granted an exception from the liquor commission. Meals shall be readily available and served to the table.
XXXIV. "Function room" means a room or rooms which may be utilized for private groups in addition to a licensee's full service restaurant public dining room. When used for private groups, the function room may have a portable bar or service bar, and may be approved for entertainment and dancing. When the function room is not used for private groups, it may be operated as an additional full service restaurant dining room.
XXXV. "Golf facility" means a commercially operated facility, whether publicly or privately owned, offering golf facilities for a fee, having as part of such facilities, a golf course of not less than 9 holes and an average total of not less than 1,000 yards per 9 holes.
XXXVI. "Grocery or convenience store" means any retail establishment where groceries are regularly and customarily sold for consumption off premises. Such establishment shall have and maintain groceries which are readily available to the public, the wholesale value of which shall not be less than $3,000, exclusive of cigarettes, magazines, newspapers, wine and beverages. Such groceries shall be representative of grocery items commonly found in such stores.
XXXVI-a. [Repealed.]
XXXVI-b. "Host manufacturer" means a beverage manufacturer, wine manufacturer, or liquor manufacturer facility involved in a host-tenant relationship. In this relationship, the tenant party holds a tenant manufacturer license under RSA 178:12-b; 178:8-a or 178:6-a, allowing them to produce or package beverages, wine, or liquor as permitted by their specific license type on the premises of the host manufacturer.
XXXVII. "Hotel" means a facility regularly used, maintained and kept open for the feeding and lodging of transient guests. A hotel shall have at least 12 rentable rooms of which at least 8 shall have private baths.
XXXVII-a. "Humidor" means a container or room specifically designed to store and age cigars within the optimal humidity range of 65 percent to 72 percent at room temperature, containing a humidification device or system designed to add or remove moisture from its interior space to maintain the desired level of humidity.
XXXVIII. [Repealed.]
XXXIX. "License" means the authority granted by the commission to engage in the sale of liquor, wine, beverages, tobacco products, or e-cigarettes otherwise unlawful unless evidenced by such document.
XL. "Licensed establishment" means premises licensed to sell liquor, wine or beverages.
XLI. "Licensee" means the person to whom a license of any kind is issued by the commission.
XLI-a. "Limited liability company" means a limited liability company organized under the laws of this state or authorized to transact business within the state.
XLII. "Liquor" means all distilled and rectified spirits, alcohol, wines, fermented and malt liquors and cider, of over 6 percent alcoholic content by volume at 60 degrees Fahrenheit. Liquor shall not include specialty beer as defined in RSA 175:1, LXIV-a.
XLIII. [Repealed.]
XLIV. "Liquor and wine representative" means a person who offers for sale or solicits orders for the sale of any liquor or wine or both. A liquor and wine representative shall be employed by the holder of a vendor's license. A licensed representative may also employ registered salespersons to act in his behalf.
XLIV-a. "Liquor manufacturer" means a licensee who produces liquor from raw materials by the process of fermentation and distillation.
XLV. [Repealed.]
XLVI. "Liquor vendor" means an individual, partnership, limited liability company or corporation, which sells liquor and fortified wines containing more than 15.5 percent alcoholic content by volume at 60 degrees Fahrenheit to the state.
XLVI-a. "Liquor/wine/beverage warehouse" means a warehouse which for a fee receives, warehouses and ships liquor, wine or beverage, or any combination of liquor, wine or beverage, within the state or to the state border for shipment out of state.
XLVII. "Live entertainment" means at least one person employed with or without compensation to entertain guests or patrons on the premises of a licensed establishment and shall include, but not be limited to, musicians, disc jockeys, theater companies and other related performers. Mechanical music, automated recordings of any type, videos or films by themselves shall not be considered live entertainment. Audience participants shall not be considered live entertainment.
XLVIII. "Manufacturer's license" means a license for the production of liquor, wine or beverage in the state of New Hampshire.
XLVIII-a. "Mead" means an alcoholic beverage primarily made from honey, water, and yeast, and which may contain fruit, fruit juices, spices, or herbs added before or after fermentation has completed, except that the ratio of fermentable sugars from honey must exceed 50 percent of the total fermentable sugars used to produce mead.
XLIX. "Minor" means an individual under the age of 21.
L. "Off-premises" means table or fortified wine and beverage sold for consumption off the premises as authorized in this title.
LI. "On-premises" means liquor, wine and beverage sold for consumption on the premises.
LII. "Performing arts facility" means a non-profit facility which seats more than 50 persons and has as its primary purpose the encouragement, promotion and presentation of the performing arts for the benefit of the general public.
LIII. "Person" means an individual, partnership, limited liability company or corporation.
LIV. "Premises" means and includes all parts of the contiguous real estate occupied by a licensee over which the licensee has direct or indirect control or interest and which the licensee uses in the operation of the licensed business, and which have been approved by the commission as proper places in which to exercise the licensee's privilege.
LIV-a. "Private club" means an organization incorporated under the laws of this state, whose members are equal shareholders, whose assets belong to the members equally, and whose members have an equal vote in club affairs and a right to run for club offices. The licensed area of a private club shall be operated solely for the use of members and their accompanied guests, and shall be open for inspection by investigators of the commission and local law enforcement officials whenever operating.
LIV-b. "Private group" means an assembly of persons gathered for a designated social or business occasion, present by invitation or reservation.
LV. "Product display" means any rack, bin, placard, poster, sign and the like, on or under which liquor, wine or beverage are displayed and sold.
LV-a. "Public building" means any building maintained and available for any person, group, or organization, which may include retail business establishments, when they are not open to the public; licensed premises, provided there is a physical, immovable barrier between the licensed business and the rented area; and tents, gazebos, or other defined outdoor areas, provided 2 separate toilet facilities are located in the immediate vicinity. A public building shall not be construed to mean a private residence.
LVI. "Racetrack" means a facility which is licensed by the state's lottery commission, for pari-mutuel betting purposes or a commercial motor vehicle racetrack facility with a paved course of at least 1/4 mile.
LVII. "Racquet sport facility"means a facility which has at least one regulation size tennis or regulation racquetball court, or 2 regulation size curling links, which are kept in proper condition.
LVIII. "Rail car" means any car which, while attached to a train operating for the transportation of passengers on a regular or special schedule, is utilized as a cocktail lounge.
LVIII-a. "Rectifier" means a licensee who produces liquor by combining liquor with other products.
LIX. "Restaurant" means a space, in a suitable or permanent building, kept, used, maintained, advertised and held out to the public to be a place where meals are regularly served. It shall be provided with an adequate and sanitary kitchen, and seating for 20 patrons.
LIX-a. "Retailer," when used with respect to tobacco products or e-cigarettes, means any person who sells tobacco products or e-cigarettes to consumers, and any vending machine in which tobacco products are sold.
LX. "Retail outlet" means any florist shop, grocery or convenience store, department store, drug store, restaurant, hotel, motel, or any other retail establishment approved by the commission.
LX-a. "Safekeeping" means a temporary voluntary surrender of the license privileges granted to a licensee, which provides for a moratorium on all licensing requirements under this title for that license type during the period of time the license is placed in safekeeping.
LX-b. "Sampling" means distributing free tobacco products to consumers for promotional purposes.
LXI. "Service bar" means a permanent area used only for the preparation of liquor, wine or beverage for the service to tables of patrons by employees. A service bar shall have provisions for the storage of liquor stock, refrigeration and a preparation area.
LXII. "Service bar-portable" means a service bar which is movable and utilized in function or banquet rooms at such times that they are being utilized for private parties.
LXII-a. "Single serve" means a specialty beverage container that does not exceed 16 ounces.
LXIII. [Repealed.]
LXIV. "Ski facility-downhill" means an area equipped with at least one of the licensed tramway devices defined under RSA 225-A:2, I(a) through I(e) inclusive, and which has snowmaking capabilities. A downhill ski area shall have properly maintained slopes and a minimum vertical drop of 500 skiable feet. A downhill ski area has a permanent structure for use by the public.
LXIV-a. "Specialty beer" means any beer as defined in RSA 175:1, VII intended for human consumption as a beverage, having an alcohol content greater than 6 percent but not more than 12 percent by volume at 60 degrees Fahrenheit. Specialty beer shall possess the character and flavor of a beer and may contain added ingredients such as, but not limited to, molasses, maple syrup, honey, spices, herbs, fruits, nuts, chocolate, vanilla, or other nonbeverage ingredients. Specialty beer shall not include a caffeinated or stimulant-enhanced malt beverage or flavor. The commission may approve any specialty beer greater than 12 percent alcohol by volume at 60 degrees Fahrenheit. The commission may approve any specialty beer as liquor as defined by RSA 175:1, XLII and shall establish rules for a listing procedure.
LXIV-aa. "Specialty cider" means either the naturally fermented expressed juice of apples or the fermented expressed juice of apples to which activated yeast is added, either of which contains not less than 8 percent and not more than 12 percent alcohol by volume at 60 degrees Fahrenheit. Specialty cider may contain flavoring, coloring, or related ingredients and may be carbonated or fermented in a sealed container to produce a sparkling beverage or liquor. Specialty cider shall not include cider as defined in RSA 434:40-a.
LXIV-aaa. "Specialty beverage" means any wine based product or liquor based product with other liquids added for human consumption having a combined alcoholic content of not less than 6 percent alcohol by volume and not more than 8 percent alcohol by volume at 60 degrees Fahrenheit and sold in single serve ready to drink containers that shall not exceed 16 ounces. The commission may approve any specialty beverage. A specialty beverage shall not be considered a product classified by the commission as a domestic wine as defined in RSA 175:1, LXVII, a table wine as defined in RSA 175:1, LXIX, a fortified wine as defined in RSA 175:1, LXVIII, or a liquor as defined in RSA 175:1, XLII.
LXIV-b. "Sports/entertainment complex" means any building which maintains an ice surface that will accommodate professional or intercollegiate hockey and seats a minimum of 1,500 persons; or any building which seats a minimum of 1,500 persons and is used for professional or intercollegiate athletic events; or any baseball or football stadium which seats a minimum of 1,500 persons and is used for professional or intercollegiate sporting events. A sports/entertainment complex shall have at least one permanent kitchen facility on site and shall have hot and cold food available for consumption during such hours as the sports/entertainment complex is open and liquor or beverage is served.
LXIV-c. "Sports recreation facility"means a facility that is primarily established for general sports, fitness, and recreation services. Recreation facilities include the following types: alpine slide facility, bowling facility, golf facility, racquet sports facility, ski facility, billiards/pool hall, or any similar recreation facility approved by the commission in rules.
LXIV-cc. "Tenant manufacturer" means a person who has a permit or notice approved by the United States Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau allowing the person to engage in an alternating proprietorship.
LXIV-d. "Tobacco products" means any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, including but not limited to cigarettes, e-cigarettes, loose tobacco, smokeless tobacco, and cigars. Tobacco products shall not include premium cigars or any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product and is being marketed and sold exclusively for such approved use.
LXIV-e. "Tobacco products manufacturer" means a person domiciled in the United States engaged in the business of importing, exporting, producing, or manufacturing tobacco products.
LXIV-f. "Tobacco products wholesaler" means any person engaged in the business of receiving, storing, purchasing, and selling tobacco products from any source for distribution to persons other than consumers, except those persons exempted from the tobacco tax under RSA 78:5.
LXIV-g. "Vending machine" means any self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses tobacco, cigarettes, or any other tobacco product.
LXV. "Vessel" means any watercraft approved and inspected by the U.S. Coast Guard or department of safety, for hire operating out of any port of the state.
LXVI. "Wholesale distributor" means a person licensed by the commission to engage in the purchase of beverages only from the holders of wholesale distributor licenses, beverage manufacturer licenses, beverage vendor licenses, or brew pub licenses. Wholesale distributors may resell, to other licensees, beverages in their original containers, as prepared for the market by the manufacturer, but not for consumption, except for tasting on the premises of the wholesaler.
LXVII. "Wine-domestic" means any wine containing more than 6 percent alcohol by volume and not more than 24 percent alcohol by volume, which is manufactured or bottled in this state from grapes or other fruits grown in the state, or brought into the state in their natural state for the purpose of fermentation and blending with wine produced from New Hampshire grapes or fruits, or wine which is brought into this state by a manufacturer to be blended with wine produced from New Hampshire grapes or fruits by a winery located in this state. The percentage blend of New Hampshire wine shall be approved by the commission.
LXVIII. "Wine-fortified" means wine including aperitif, marsala, muscatel, port, or sherry as traditionally defined by the industry, with an alcohol content of more than 15.5 percent, but not more than 24 percent. A fortified wine shall not be construed to include cream-based products.
LXIX. "Wine-table" means a product obtained by the fermentation of the natural content of fruit or other agricultural products containing sugar and containing more than 6 percent but not more than 18 percent alcoholic content by volume at 60 degrees Fahrenheit. The commission may approve as a table wine a higher alcoholic content product, not to exceed 24 percent, that is obtained in the same manner.
LXIX-a. "Wine manufacturer retail outlet" means an outlet for the sale, sampling, and promotion of wine and other products manufactured by a wine manufacturer licensee.
LXX. "Wine vendor" means an individual, partnership, limited liability company, or corporation, which sells table wine to the state, containing more than 6 percent but not more than 24 percent alcoholic content by volume at 60 degrees Fahrenheit.
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