1. (a) The following definitions apply to this section:

   1. (1) “Cider” means “cider” as defined in RSA 426:13, I, namely “the unfermented juice of apples;”
   2. (2) “Clean” means free from decay and foreign material;
   3. (3) “Commissioner” means “commissioner” as defined in RSA 426:13,II, namely, the “commissioner of the department of agriculture, markets, and food” or the commissioner’s authorized agent;
   4. (4) “Drop” means an apple that was in contact with the ground, storage cooler, or pressing room floor;
   5. (5) “Food grade” means a material permitted to come into direct contact with food meant for human consumption;
   6. (6) “Pasteurization” means processing cider via a manner proven to effectively reduce harmful microbial populations to a level that does not cause foodborne illness;
   7. (7) “Person” means “person” as defined in RSA 426:13, III, namely “any individual, firm, company, partnership, corporation, association, cooperative, business trust or legal entity of any kind;”
   8. (8) “Product code” means any distinctive combination of letters, numbers, or symbols from which the origin of the manufacture, processing, packing, holding, and distribution of a batch or lot of cider can be determined;
   9. (9) “Sanitize” means the cumulative heat or chemicals on cleaned food contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999% reduction of representative disease microorganisms of public health importance; and
   10. (10) “Serious damage” means any defect that materially detracts from the edibility or market value of the cider. The term includes fermentation, distasteful foreign flavor, and disagreeable odor;

2. (b) The following requirements shall be met for use of the seal of quality design on cider:

   1. (1) A producer of New Hampshire cider may use the state of New Hampshire seal of quality design after receiving a yearly permit from the department, and only while said yearly permit is active; and
   2. (2) Cider shall be produced, packaged and labeled in accordance with RSA 426:1-10, RSA 426:13-17, Agr 907, and Agr 1003;
3. (c) Cider shall be pressed, squeezed, or extracted from clean apples;

4. (d) Cider shall have the following characteristics:

   1. (1) It shall not be made from concentrate; and
   2. (2) It shall be free from serious damage;

5. (e) Additional processing and packaging requirements for cider shall be as follows:

   1. (1) Cider processing shall be done in an enclosed building which shall be constructed and equipped as follows:

      1. a. The floors shall be constructed of easily cleanable materials and shall provide drainage;
      2. b. The walls and ceilings shall be constructed of easily cleanable materials; and
      3. c. Hot water at a temperature of 140 degrees F or higher or steam shall be available on the premises for cleaning equipment;
   2. (2) All apples shall be washed and brushed with potable water or water that has been treated with a substance or method that renders it safe for cleaning fruit prior to processing into cider;
   3. (3) Cider shall be filtered or screened through stainless steel mesh, filter paper, or other suitable material sufficient to remove coarse material and to minimize the presence of sediment;
   4. (4) Storage vessels used to store cider post manufacturing and prior to bottling shall be covered;
   5. (5) Retail containers shall be kept refrigerated at a temperature of 45 degrees F or set in ice;

   6. (6) Containerized cider shall:

      1. a. Be labeled with the statement, “Keep Refrigerated”;
      2. b. Not be labeled as being “fresh” unless it is raw, never been frozen, and contains no preservatives; and
      3. c. Be labeled with a product code, permanently placed on each container in such a manner that the code cannot be separated from the container, such as on the cap or tag tied to the container;

   7. (7) All cider containers and caps shall:

      1. a. Be food grade;
      2. b. Be new;
      3. c. Be clean and sanitary;
      4. d. Be stored prior to use in a manner that prevents contamination; and
      5. e. Not contain or be constructed of any substance which could damage the flavor of the cider;
   8. (8) The cap or other closing mechanism of any cider container shall be tamper evident, which means it would be readily apparent if it was previously opened; and
   9. (9) Containerized cider shall not be packed in or found to be in cracked, punctured, bulged, rusty, unsealed, or unsanitary containers;

6. (f) Additional manufacturing requirements for cider shall be as follows:

   1. (1) All press racks shall be:

      1. a. Made of hardwood, food grade plastic, or stainless steel;
      2. b. Cleaned and sanitized each day of use; and
      3. c. Stored off the floor at all times;
   2. (2) Tubing used to transport pomace or cider shall be made of food grade material and shall be cleaned and sanitized each day of use;
   3. (3) All vessels used to store cider post manufacturing and prior to bottling shall be made of stainless steel or food grade plastic;

   4. (4) In no case shall material constructed of the following substances be used in storage or bottling of cider:

      1. a. Copper;
      2. b. Galvanized metal;
      3. c. Metal soldered with solder or flux containing more than 0.2 percent lead; and
      4. d. Any other substance which could cause serious damage;
7. (g) Drop apples shall not be processed into cider; and
8. (h) Cider may be blended with the natural juices derived from fruit other than apples if labeled according to RSA 426:14,IV.

Source. #6734, eff 4-21-98 (from Agr 1002.02), EXPIRED: 4-21-06 New. #10952, eff 10-21-15; ss by #14554, eff 4-7-26, EXPIRES: 4-7-36