Chapter 351: Branded Containers

A person engaged in buying, selling or dealing in milk or cream in cans, cases, boxes, bottles, jars or jugs, or bottling or selling beverages in bottles or vessels with his name and the word "registered" branded, engraved, blown or otherwise produced thereon, or on the boxes used by him, may register the same by filing in the office of the clerk of the city or town in which his principal place of business is situated, or in the office of the secretary of state, a description of the name so used by him, and publishing such description once in each of 2 successive weeks in a newspaper, if any, published in the city or town in which his principal place of business is situated; otherwise, in a newspaper published in the county. The fee for registration with the secretary of state shall be $2 for each brand so registered.

Whoever fills with milk, cream or any manufactured beverage any registered container, or defaces, erases, covers up or otherwise removes or conceals the name or the word "registered" thereon, or sells, uses, buys, gives, takes or otherwise disposes of or traffics in the same, without the written consent of, or unless the same has been purchased from, the person who registered the same shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person, for each offense.

The use by any person, without the written consent of, or purchase from, the owner thereof, or the possession by any milk dealer, junk dealer, or dealer in secondhand articles, of any registered container, without the written consent of, or purchase from, the owner thereof shall be prima facie evidence of unlawful use, possession of or traffic in the same.

Upon complaint of a person who has complied with the provisions of RSA 351:1, or his agent, to a municipal court, district or superior court, that he has reason to believe that any of his registered containers are being unlawfully used, or that a milk dealer, junk dealer or dealer in secondhand articles, or a vendor of cans or bottles, has any such cans, cases, boxes, bottles, jars, jugs or vessels in his possession, or secreted in any place, said justice may issue a search warrant, may cause the person in whose possession such property is found to be brought before him, and shall inquire into the circumstances of such possession, and award possession of the property taken upon such search warrant to the owner thereof.