Planning to sell products in New Hampshire? Chances are that you may need to ensure product compliance with state-level safety standards, labeling, testing, and other requirements. In this guide, we cover New Hampshire regulations and compliance requirements covering heavy metals, furniture flame retardants, e-cigarettes, and more.
Important: This article only serves as an introduction to safety requirements, substance restrictions, labeling, certification, and other compliance requirements in New Hampshire. It is not a complete guide and is not kept up to date. Further, keep in mind that national product regulations (e.g. CPSIA) apply in all states.
Consumer Protection Act
The Consumer Protection Act regulates unfair, or deceptive claims and business conducts, covering most consumer products in New Hampshire.
The Consumer Protection Act applies to any businesses that engage in the “Trade” and “Commerce” activities, including sales, distribution, advertising, of any commodity or services. This means that the Consumer Protection Act applies to almost any type of consumer product, such as:
The Consumer Protection Act defines unfair, or deceptive conduct practiced by a person or a company during trade and business in New Hampshire. The following are examples of unfair, or deceptive behaviors and are deemed unlawful by the act:
a. Claiming that goods are new or original but in fact, they are used, secondhand, deteriorated, reconditioned, or altered
b. Falsely claiming that goods or services have certain characteristics, ingredients, or qualities
c. Falsely claiming the place of origin of goods or services
Manufacturers should provide genuine information on the product label according to the requirements of applicable rules. For example, manufacturers should not include deceptive information regarding elements such as:
- Product description
- Business information
Manufacturers might need to test their products in accordance with the applicable requirements so that they do not violate the Consumer Protection Act. For example, a manufacturer of cosmetic products should provide genuine information such as the ingredients and efficacy on the label, according to the test results.
Act Prohibiting the Sale of Certain Furniture and Carpeting with Flame Retardants
This act sets up limits on flame retardant chemicals on certain furniture and carpets sold in New Hampshire to a maximum of 0.1% by weight.
The flame retardant requirements set forth in this act apply to upholstered furniture that is used in residential areas and consist of resilient cushioning materials enclosed within a covering made of fabric or related materials.
This definition covers a broad range of furniture, including the following:
- Upholstered chairs
- Bean bags
This act prohibits companies from manufacturing, importing, or selling, upholstered furniture containing more than 0.1% by weight of flame-retardant chemicals or mixtures that include flame-retardant, including:
- Halogenated flame retardants
- Phosphorus-based flame retardants
- Nitrogen-based flame retardants
- Nanoscale flame retardants
According to this act, flame-retardant restrictions do not apply to the following types of upholstered furniture:
a. Upholstered furniture used in the public areas or public facilities (which might be subject to other flammability requirements)
b. Upholstered furniture that includes electrical or electronic components
Manufacturers should draft a Certificate of Compliance, and provide it to the authorities if requested.
If the competent authorities deem that the manufacturers are selling products that are non-compliant with this act, manufacturers are required to notify anyone to whom they sold the products (e.g. suppliers, retailers, distributors).
Upholstered furniture bearing the following label is deemed compliant with this act:
a. Upholstered furniture bearing a label or accompanied by a certificate indicating compliance with California Business Profession Code Section 19101
b. Upholstered furniture bearing a label prescribed by California Business Profession Code Section 19094 (2014), indicating that the product’s upholstery materials “contain NO added flame retardant chemicals.”
Manufacturers of upholstered furniture should test their products in accordance with the flame-retardant requirements in a qualified laboratory prior to selling in New Hampshire.
The Mercury Legislation of New Hampshire establishes rules for the use and distribution of certain mercury-added products.
The Mercury Legislation applies to the following mercury-added products:
- Novelty items
- Measure equipment
- Medical devices
The government of New Hampshire has enacted several laws to further eliminate mercury-containing products from the solid waste stream. These laws are codified under the Revised Statutes Annotated 149-M:51-58, Mercury Reduction.
Mercury-added Novelty Items
The Mercury Legislation prohibits the sales or distribution of mercury-added novelty items in New Hampshire, including:
Note that novelty items are referred to as products that are intended mainly for personal or household enjoyment or adornment but not intended to serve practical purposes.
Other Mercury-added Products
The Mercury Legislation prohibits the sales or distribution of certain measure equipment and medical devices in New Hampshire. These are examples of prohibited items:
- Mercury switch
- Esophageal dilator
- Bougie tubes
Mercury Fever Thermometers
The Mercury Legislation requires manufacturers of mercury fever thermometers to provide clear instructions on the product label regarding the handling method of the thermometer to avoid mercury leaks. The instruction information should also include proper cleanup techniques in case a breakage occurs.
Collection & Recycling of Mercury-added Thermostats
The legislation requires manufacturers of mercury-added thermostats to establish and operate a recycling program approved by the Department of Environmental Services for out-of-service mercury-added thermostats in New Hampshire.
Manufacturers of mercury-added products must notify the New Hampshire Department of Environmental Services before they are allowed to sell these products. The notification should include the following information:
- Product category
- The amount of mercury added to each product
- The purpose of the mercury
- The total amount of mercury in all products sold in the US
Manufacturers or sellers of products covered by the Mercury Legislation of New Hampshire should confirm whether their products contain mercury before selling in New Hampshire.
Laboratories that are capable of performing mercury element tests include SGS, TÜV SÜD, and Intertek.
Toxics in Packaging Law
The Toxics in Packaging Law limits the concentration level of certain heavy metals contained in product packaging and its components.
This law applies to the consumer product packaging and food packaging sold in New Hampshire. Here are some examples of covered packaging:
- Wrapping papers and films
- Carrying cases
In addition, this law covers packaging components and materials such as:
- Paper labels
- Cushioning materials
The Toxics in Packaging Law prohibits the sales of the product packaging and food packaging materials containing more than 0.01% by weight of the following heavy metals:
- Hexavalent chromium
Manufacturers of product packaging or food packaging must draft a Certificate of Compliance declaring that the package and packaging components comply with the heavy metal concentration requirements set forth by the law.
Manufacturers should provide the Certificate of Compliance to the competent authorities or buyers when requested.
Manufacturers of covered packaging should test their products according to the heavy metal content limit set by the Toxics in Packaging Law before selling in New Hampshire.
The E-Cigarette Regulations of New Hampshire set rules for the sales, distribution, and packaging requirements for electronic cigarettes.
The E-Cigarette Regulations apply to any electronic smoking device composed of a mouthpiece, a heating element, a battery, electronic circuits, and a tank that stores e-liquid.
The E-Cigarette Regulations require that:
a. E-cigarettes and liquid nicotine must be sold in original packaging
b. Sale/distribution of e-cigarettes and e-liquid to persons under age 21 is prohibited
c. Anyone who sells electronic cigarettes in New Hampshire must acquire a sales permit
Each license shall be prominently displayed in the premises described in it.
The E-Cigarette Regulations require that manufacturers, wholesalers, and retailers keep complete and accurate documents of:
- Tobacco stamps purchased records
- Manufactured records
- Import records
- Distribution records
- Sales records
|Consumer Protection Act||Link|
|An Act Prohibiting the Sale of Certain Furniture and Carpeting with Flame Retardants||Link|
|Toxics in Packaging Law||Link|