§ 427:28 — General Penalty; Warning

I. Any person, firm, or corporation who violates any provision of this subdivision for which no other criminal penalty is provided shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. If such violation involves intent to defraud, or any distribution or attempted distribution of an article that is adulterated, except as defined in RSA 427:2, VII(h), such person, firm, or corporation shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person.
III. No person, firm, or corporation shall be subject to penalties under this section for receiving for transportation any article or animal in violation of this subdivision if such receipt was made in good faith, unless such person, firm, or corporation refuses to furnish on request of a representative of the commissioner the name and address of the person from whom he or she received such article or animal, and copies of all documents, if there are any, pertaining to the delivery of the article or animal to him or her.
IV. Nothing in this subdivision shall be construed as requiring the commissioner to report for prosecution, or for the institution of libel or injunction proceedings, minor violations of this subdivision whenever he or she believes that the public interest will be adequately served by a suitable written notice of warning.

Legislative History

1985, 72:1, eff. July 1, 1985. 2011, 130:6, eff. Aug. 5, 2011.