TITLE X
PUBLIC HEALTH
Chapter 143-A
FOOD SERVICE LICENSURE
Section 143-A:1
143-A:1 Citation. –
This chapter shall be known and may be cited as the "Food Service Licensure Act."
Source. 1986, 106:1, eff. Jan. 1, 1987.
Section 143-A:2
143-A:2 Purpose. –
The purpose of this chapter is to ensure that the health of the public is protected from the consumption of food contaminated by food service establishments or retail food stores during storage, preparation, service, or display, and to ensure that food service establishments and retail food stores have adequate facilities for the storage, preparation, service, or display of food.
Source. 1986, 106:1, eff. Jan. 1, 1987.
Section 143-A:3
143-A:3 Definitions. –
I. "Commissioner" means the commissioner of the department of health and human services.
II. "Department" means the department of health and human services.
III. "Food" means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.
IV. "Food service establishment" means any fixed or mobile, attended or unattended restaurant; coffee shop; cafeteria; short order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial feeding establishment; food processing plants; food vending operation; private or public organization or institution, whether profit or nonprofit, which routinely serves food; catering kitchen; commissary, or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other eating and drinking establishment or operation in which potentially hazardous food is served or provided for the public with or without charge.
IV-a. "Food processing plant" means a type of food service establishment that is a commercial operation that processes food for human consumption and provides processed food for sale and distribution to other business entities such as other food establishments. The term does not include an operation that processes food under the oversight of the department of agriculture in accordance with RSA 426, RSA 427, RSA 428, RSA 429, and RSA 434.
IV-b. "Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury or illness.
V. "Occasional food service establishment" means any food service establishment where food is served or provided for the public on the premises of the establishment, whether or not there is a charge for such food, no more than 4 days during a 30-day period. Any part of a day shall be considered one full day for the purposes of this definition.
V-a. "Occasional food service events" means events which are not regularly scheduled where food is provided to participants such as extracurricular school events, non-profit sporting events, and periodic events sponsored by religious or nonprofit organizations.
VI. "Person" means an individual, partnership, corporation, association, or other legal entity.
VII. "Retail food store" means any establishment or section of an establishment where food or food products intended for off-premise consumption are offered to the public. The term includes delicatessens which offer prepared food in bulk quantities only. It does not include establishments which handle only prepackaged, not potentially hazardous foods; roadside markets or farm stands; food service establishments; or food and beverage vending machines.
VIII. "Temporary food service establishment" means any food service establishment which operates at a fixed location for a temporary period of time not exceeding 2 weeks, in connection with a fair, carnival, circus, public exhibition, or similar transitory gathering.
Source. 1986, 106:1. 1995, 310:100. 1997, 256:1. 2004, 211:6, eff. June 11, 2004. 2005, 229:4, eff. Sept. 9, 2005. 2011, 130:10, eff. Aug. 5, 2011. 2012, 114:1, 2, eff. July 1, 2012.
Section 143-A:4
143-A:4 License Required. –
I. It shall be unlawful for any person, unless exempted under RSA 143-A:5, to operate a food service establishment or retail food store within the state without having obtained a food service license to be issued by the commissioner. The commissioner shall not refuse to issue a food service license to any person who has complied with the requirements of this chapter.
II. The license shall at all times be conspicuously displayed in the food service establishment or retail food store and shall not be transferable.
Source. 1986, 106:1. 1995, 310:183, eff. Nov. 1, 1995.
Section 143-A:5
143-A:5 Exemptions. –
The following establishments and events shall be exempt from departmental licensure and inspection under this chapter, except that the department may inspect when the department has reason to suspect an imminent health hazard as defined in RSA 143-A:3, IV-b:
I. Food service establishments and retail food stores licensed by city health officers under RSA 47:17.
II. Food service establishments and retail food stores licensed by town health officers under RSA 147:1.
III. Temporary food service establishments and occasional food service establishments and occasional food service events which are not under the jurisdiction of city or town health officers under RSA 147:1 and RSA 47:17.
IV. Recreation camps inspected and licensed under RSA 170-E, including recreation camps that offer food to camp families or alumni in the 45 days prior to or after the camp operating season.
V. Health care facilities inspected and licensed under RSA 151.
VI. Child care facilities inspected and licensed under RSA 170-E.
VII. Homestead food operations selling food, excluding potentially hazardous food as defined in RSA 143-A:12, I(b), from the homestead residence, at the owner's farm stand, or at farmers' markets.
VIII. A farm owned or operated by a federally exempt poultry producer, as defined in RSA 143-A:14, I, and the direct sale of such poultry to the consumer from the producer's farm, at the producer's farm stand, and by the producer at a farmers market, or when sold to a licensed restaurant in accordance with RSA 143-A:14 through RSA 143-A:17.
IX. A farm owned or operated by any person, firm, or corporation that raises bison, elk, or red deer for human consumption, and the direct sale within this state of the carcasses, parts, meat, and meat food products of such animals, when slaughtered and processed in accordance with RSA 427:2-a, IV, to the consumer from such farm, at the producer's farm stand, and by the producer at farmers' markets, or when sold to a licensed restaurant in accordance with RSA 143-A:20.
Source. 1986, 106:1, eff. Jan. 1, 1987. 2005, 229:5, 6, eff. Sept. 9, 2005. 2012, 163:1, eff. June 7, 2012. 2014, 165:1, eff. Oct. 9, 2014; 171:2, eff. Sept. 9, 2014. 2016, 36:1, eff. July 2, 2016. 2017, 87:3, eff. July 1, 2017; 145:12, eff. Aug. 15, 2017. 2022, 133:1, eff. Aug. 6, 2022; 272:30, eff. June 24, 2022. 2023, 180:1, 2, eff. Oct. 3, 2023.
Section 143-A:5-a
143-A:5-a Soup Kitchens. –
The commissioner may exempt from licensure under this chapter soup kitchens operated for the poor.
Source. 1990, 228:5. 1995, 310:183, eff. Nov. 1, 1995.
Section 143-A:6
143-A:6 Application; Issue; Fee. –
I. Upon receipt of an application in writing from a new food service establishment or retail food store, or a food service establishment or retail food store which has changed ownership, or a food service establishment or retail food store which has had its previous license revoked, the commissioner may issue a provisional license, valid for up to 90 days, if the commissioner determines that the applicant's plan for operation and facilities are sufficient under rules adopted under RSA 143-A:9. Notwithstanding RSA 541-A, any individual denied a full license at the end of the 90-day period shall immediately shut down his or her establishment, unless otherwise ordered by a court of competent jurisdiction.
II. Within 45 days of issuance of a provisional license issued under this section or RSA 143-A:8, the commissioner may, if deemed necessary, conduct an inspection. If following such inspection the commissioner determines that the applicant's operation and facilities are sufficient under rules adopted under RSA 143-A:9, the commissioner shall issue to the applicant a license valid for a time period of one year following the date of issuance of the provisional license. Notwithstanding RSA 541-A, any individual denied a full license at the end of the 90-day period shall immediately shut down his or her establishment, unless otherwise ordered by a court of competent jurisdiction.
III. Upon receipt of an application for renewal of a license from an existing food service establishment or retail food store, the commissioner may, if deemed necessary, conduct an inspection. If the commissioner determines that the applicant's operation and facilities are sufficient under rules adopted under RSA 143-A:9, the commissioner shall issue to the applicant a new license valid for one year.
IV. Licenses and provisional licenses are not transferable.
V. The commissioner shall charge a fee for each license application processed and for each plan review conducted; provided that the commissioner shall charge only one fee for the provisional license and the license.
VI. From the amounts collected by the commissioner under paragraph V, up to $300,000 each fiscal year may be included in the state biennial operating budget as restricted revenue to support the activities required in this chapter. The state treasurer shall credit all moneys received under this paragraph, and interest received on such money, to the public health services special fund, established under RSA 143:11, from which the department shall pay expenses incident to the administration of this chapter.
Source. 1986, 106:1. 1989, 408:14. 1990, 193:6. 1995, 308:23; 310:183. 1997, 256:2. 1999, 307:8, eff. Sept. 14, 1999. 2005, 229:3, eff. Sept. 9, 2005. 2012, 114:3, eff. July 1, 2012. 2017, 87:4, 5, eff. July 1, 2017; 156:223, eff. July 1, 2017. 2021, 122:38, eff. July 9, 2021.
Section 143-A:7
143-A:7 Revocation of License. –
I. If any food service establishment or retail food store licensed under this chapter repeatedly violates any legally adopted rule of the commissioner, or any provision of RSA 143 or RSA 143-A, or if the operation of the licensed establishment creates an imminent health hazard, the commissioner may revoke the license. Any revocation of a license shall be executed in compliance with RSA 541-A.
II. The notice of revocation shall:
(a) Be in writing;
(b) Enumerate the reason or reasons for revocation;
(c) Outline the corrective action necessary to correct the violations cited in the revocation; and
(d) Inform the owner or his or her agent of his or her rights and options for redress of grievances as enumerated in RSA 541-A.
Source. 1986, 106:1. 1995, 310:183, eff. Nov. 1, 1995. 2012, 114:4, eff. July 1, 2012.
Section 143-A:8
143-A:8 Reinstatement. –
Any person whose license has been revoked may at any time make a written request to the commissioner for a re-inspection. Re-inspection shall occur within 10 days of receipt of the request. If the commissioner or his or her authorized representative finds that the reasons for revocation have been corrected, a provisional license shall be granted immediately.
Source. 1986, 106:1. 1995, 310:183, eff. Nov. 1, 1995. 2012, 114:5, eff. July 1, 2012.
Section 143-A:9
143-A:9 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. The application procedure for any class of license issued under this chapter and the length of the licensing period.
I-a. The amount of the fee to be charged for any license application processed, for each plan review conducted, and for each inspection performed under this chapter.
II. Design and content of all forms required by this chapter.
III. Procedures for inspections and re-inspections of licensees.
IV. How a license is revoked and reinstated.
IV-a. What constitutes a soup kitchen and procedures for exempting certain soup kitchens from licensure in accordance with RSA 143-A:5-a.
IV-b. A schedule of administrative fines which may be imposed under RSA 143-A:10-a for violation of this chapter or the rules adopted pursuant to it.
IV-c. Procedures for notice and hearing prior to the imposition of an administrative fine imposed under RSA 143-A:10-a.
V. Standards for licensing food service establishments and retail food stores, including, but not limited to sanitation, physical environment, health and safety, operational changes, and compliance with federal requirements.
VI. Variances for licensing requirements.
VII. Suspension of licenses.
VIII. Trade secrets, complaints, and the confidentiality thereof.
IX. Requirements for bed and breakfast facilities.
X. Requirements for food processing plants.
Source. 1986, 106:1. 1989, 408:15. 1990, 228:6. 1991, 355:33. 1995, 308:24; 310:183. 1999, 307:9, eff. Sept. 14, 1999. 2012, 171:8, eff. Aug. 10, 2012.
Section 143-A:9-a
143-A:9-a Failure to Pay Application Fee; Fee Disposition. –
I. When a licensee fails to pay the applicable fee required by this chapter, the commissioner of the department of health and human services, after notice and hearing pursuant to rules adopted under RSA 541-A, may suspend or revoke the license or may issue an appropriate order.
II. All fees collected under this chapter shall be forwarded to the state treasurer to be deposited in the general fund.
Source. 1995, 308:25, eff. July 3, 1995; 310:182, eff. Nov. 1, 1995.
Section 143-A:9-b
143-A:9-b Repealed by 2021, 115:5, I, eff. Sept. 7, 2021. –
Section 143-A:10
143-A:10 Penalty. –
Whoever violates any of the provisions of this chapter or fails to comply with the lawful orders and requirements of the commissioner shall, upon conviction of a:
I. First offense, be guilty of a violation;
II. Second offense, be guilty of a misdemeanor; and
III. Third offense, be guilty of a misdemeanor, if a natural person, or be guilty of a felony, if any other person.
Source. 1986, 106:1. 1995, 310:183, eff. Nov. 1, 1995.
Section 143-A:10-a
143-A:10-a Administrative Fines. –
The commissioner of the department of health and human services, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The commissioner shall adopt rules in accordance with RSA 541-A relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the general fund.
Source. 1991, 355:34. 1995, 310:182, 183, eff. Nov. 1, 1995.
Section 143-A:11
143-A:11 Injunctive Relief. –
The operation of a food service establishment or a retail food store without a license issued under this chapter, or the continued operation of such establishment or store after a license has been revoked or has expired, is declared to be a danger to the public health. In addition to any other civil, criminal, or disciplinary remedy, the attorney general, the commissioner, the prosecuting attorney of any county or municipality where the food service establishment or retail food store is operating, or any citizen may, in accordance with the laws of this state, maintain an action to enjoin that establishment or store from operation until a valid license is issued. An injunction without bond is available to the commissioner for enforcement of this chapter.
Source. 1989, 17:2. 1995, 310:183, eff. Nov. 1, 1995.
Section 143-A:11-a
143-A:11-a Certified Food Protection Manager. –
I. (a) Each food service establishment licensed by the state under RSA 143-A:6 shall have a person in charge and present during all hours of operation trained as a certified food protection manager by a program approved by the Conference for Food Protection or other equivalent industry standards program.
(b) The requirement in subparagraph (a) shall not apply under these conditions:
(1) Food establishments having at least one certified food protection manager on staff shall not be required to have the certified food protection manager present when no food preparation is taking place;
(2) Food establishments having at least one certified food protection manager on staff shall not be required to have the certified food protection manager present when food preparation is limited to reheating commercially prepared food or ready to eat food; or
(3) Food establishments having 5 food employees or less on duty are required to have only one certified food protection manager on staff who is available, although not required to be present, during all hours of operation.
II. This section shall not apply to any food service establishment exempt from licensure or inspection under RSA 143-A:5.
III. This section shall not apply to food establishments licensed under RSA 143-A:6 as food processing plants, cold storage or refrigerating warehouses; retail stores with no food preparation or limited to self service foods, servicing areas, bed and breakfasts, lodging facilities serving continental breakfasts, home delivery services of packaged frozen food; pushcarts and other mobile food units, those serving packaged food and non-potentially hazardous unwrapped foods only; wholesalers/distributors; on-site vending machines, bars/lounges without a food preparation area; arena/theater concessions serving non-potentially hazardous; sellers of pre-packaged frozen meat or poultry that is processed in a USDA-inspected plant; homestead food operations.
Source. 2021, 205:2, Pt. X, Sec. 1, eff. Aug. 10, 2021.
Homestead Food License
Section 143-A:12
143-A:12 Homestead Food License Required. –
I. In this subdivision:
(a) "Homestead food operation" means a person who produces homestead food products, excluding potentially hazardous food, only in the home kitchen of that person's primary residence in New Hampshire.
(b) "Potentially hazardous food" means foods requiring temperature control for safety because they are capable of supporting the rapid growth of pathogenic or toxigenic microorganisms, and the growth of toxin production of clostridium botulinum. Potentially hazardous foods also include processed acidified and low acid canned foods.
(c) "Homestead food products" means all food except potentially hazardous food, and as defined in rule by the commissioner of the department of health and human services through rulemaking under RSA 143-A:13.
II. Homestead food operations selling less than the maximum annual gross sales of food as defined in RSA 143-A:5, VII, excluding potentially hazardous food, from the homestead residence, at the owner's own farm stand, at farmers' markets, or at retail food stores are exempt from licensure and departmental inspection under this subdivision, except that the department may inspect when the department has reason to suspect an imminent health hazard as defined in RSA 143-A:3, IV-b.
III. Homestead food operations that exceed the maximum annual gross sales of food as defined in RSA 143-A:5, VII or homestead food operations who wish to sell food products, excluding potentially hazardous food, to restaurants or other retail food establishments, over the Internet, by mail order, or to wholesalers, brokers, or other food distributors who will resell the homestead product shall be licensed under RSA 143-A:4.
IV. All homestead food products sold in packages from the home kitchen, farm stand of a homestead food operation, at farmers' markets, or at retail food stores shall have individual labels on each package containing the following information: name, address, and phone number of the homestead food operation; name of the homestead food product; the ingredients of the homestead product, in descending order of predominance by weight; and allergy information. Products made by homestead food operations exempt from licensure shall also be clearly labeled with the following statement: "This product is exempt from New Hampshire licensing and inspection." Products made by nonexempt homestead food operations shall also be clearly labeled with the following statement: "This product is made in a residential kitchen licensed by the New Hampshire Department of Health and Human Services."
Source. 2006, 133:2, eff. Jan. 1, 2007. 2009, 144:205, eff. July 1, 2009. 2012, 163:2, eff. June 7, 2012. 2013, 136:1, 2, eff. June 27, 2013. 2014, 171:1, eff. Sept. 9, 2014. 2015, 84:1, 2, eff. Aug. 4, 2015. 2017, 87:6, eff. July 1, 2017. 2022, 133:2, eff. Aug. 6, 2022.
Section 143-A:13
143-A:13 Rulemaking. –
The commissioner, in consultation with the commissioner of the department of agriculture, markets, and food shall adopt rules, pursuant to RSA 541-A, relative to:
I. Foods which may be made in a homestead food operation and potentially hazardous foods, which shall not be made in a homestead food operation.
II. Content and format of all labeling requirements.
III. Licensing requirements for homestead food operations exceeding the annual maximum gross sales limit or homestead food operations who wish to sell food products, excluding potentially hazardous foods, to restaurants or other retail food establishments, over the Internet, by mail order, or to wholesalers, brokers, or other food distributors who will resell the homestead food product.
IV. Content and format of all forms required under this subdivision.
V. Fees for non-exempt homestead food operation licenses, including application fees and fees for renewal.
Source. 2006, 133:2, eff. Jan. 1, 2007. 2009, 144:206, eff. July 1, 2009. 2012, 163:3, eff. June 7, 2012.
Sale of Uninspected Poultry and Rabbits to Restaurants
Section 143-A:14
143-A:14 Definitions. –
In this subdivision:
I. "Federally exempt poultry producer" means a poultry producer that qualifies for a federal exemption from inspection under the federal Poultry Products Inspection Act.
II. "Licensed restaurant" means a food service establishment, licensed under RSA 143-A:4, which is in a fixed location that is adequate and sanitary, where food is prepared primarily for service of a meal intended for purchase and consumption by the consumer.
III. "Poultry" means any domesticated bird, whether alive or dead.
IV. "Poultry producer" means any person who raises poultry and sells it for human consumption.
V. "Processed" means the animal has been slaughtered and cleaned in a sanitary manner so that it is ready for use as human food but has not been further prepared or treated, except as needed to package and store it.
VI. "Rabbit" means any domesticated member of the family Leporidae of long-eared, short-tailed lagomorph mammals with long hind legs, whether alive or dead.
VII. "Rabbit producer" means any person who raises rabbits and sells them for human consumption.
VIII. "Uninspected" means poultry or rabbits that are not individually marked as having passed inspection as prescribed by the United States Department of Agriculture or in accordance with RSA 427.
Source. 2014, 165:2, eff. Oct. 9, 2014.
Section 143-A:15
143-A:15 Purchase of Uninspected Poultry and Rabbits by Licensed Restaurants. –
I. A licensed restaurant may purchase uninspected, processed, whole poultry or rabbits from unlicensed rabbit producers or federally exempt poultry producers who provide proof of compliance with the registration and educational requirements of this subdivision. All packaging containing uninspected poultry and rabbits shall be clearly labeled to include, but not be limited to, the following information: the name and address of the farm where the product originates and the date of slaughter.
II. For at least 90 days from the date of each purchase, the licensed restaurant shall keep on file the receipt of purchase to include the product purchased, the date of purchase, the name of the producer, the name and address of the farm, and phone number.
III. The licensed restaurant shall clearly label any menu item containing uninspected poultry or rabbit with the following statement: "This product has been raised and processed on a New Hampshire farm and is exempt from state and federal inspection."
Source. 2014, 165:2, eff. Oct. 9, 2014. 2017, 87:7, eff. July 1, 2017.
Section 143-A:16
143-A:16 Producer Requirements. –
I. A federally exempt poultry producer may, in a calendar year, sell to licensed restaurants uninspected, processed whole poultry that the producer has raised in a quantity not to exceed the federal limit established in 21 U.S.C. section 464 and an unlicensed rabbit producer may, in a calendar year, sell to licensed restaurants up to 1,000 uninspected, processed whole rabbits that the producer has raised, provided all of the following conditions are met:
(a) The producer is current with all educational requirements that are established by the commissioner in consultation with the commissioner of agriculture, markets, and food relative to proper methods of slaughtering, processing, packaging, and storing poultry or rabbit on the farm and its subsequent transport to restaurants; and
(b) The producer has registered with the department of agriculture, markets, and food by providing his or her name, the name and address of the farm, and phone number, to allow for trace back in the event of disease outbreak. Such registry information shall be protected pursuant to RSA 436:6-a.
II. The department may inspect these exempt products when the department has reason to suspect an imminent health hazard as defined in RSA 143-A:3, IV-b.
Source. 2014, 165:2, eff. Oct. 9, 2014. 2016, 26:1, eff. June 24, 2016. 2017, 87:8, eff. July 1, 2017.
Section 143-A:17
143-A:17 Rulemaking. –
The commissioner, in consultation with the commissioner of the department of agriculture, markets, and food, shall adopt rules, pursuant to RSA 541-A, relative to:
I. Content and format of all labeling requirements, except for the label content required under RSA 143-A:15, III;
II. Educational requirements under RSA 143-A:16, I, which may include a continuing education component; and
III. The method by which proof of compliance by producers with the registration and educational requirements of this subdivision can be demonstrated to licensed restaurants, which may include an online listing of compliant producers.
Source. 2014, 165:2, eff. Oct. 9, 2014.
Meat from Uninspected Bison, Elk, or Red Deer
Section 143-A:18
[RSA 143-A:18 effective until July 1, 2025; see also RSA 143-A:18 set out below.]
143-A:18 Definition of Uninspected Bison, Elk, or Red Deer. –
For purposes of this subdivision, "uninspected bison, elk, or red deer" means carcasses, parts, meat, and meat food products of bison, elk, or red deer slaughtered and processed in accordance with RSA 427:16, XII and sold or to be sold as provided in RSA 427:2-a, IV.
Source. 2016, 36:3, eff. July 2, 2016. 2017, 145:13, eff. Aug. 15, 2017. 2023, 180:4, eff. Oct. 3, 2023.
Section 143-A:19
[RSA 143-A:19 effective until July 1, 2025; see also RSA 143-A:19 set out below.]
143-A:19 Labeling; Meat from Uninspected Bison, Elk, or Red Deer. –
All packaging containing uninspected bison, elk, or red deer shall be clearly labeled to include a description of the product, the name, address, and telephone number of the farm where the product originates, and the date of slaughter.
Source. 2016, 36:3, eff. July 2, 2016. 2023, 180:4, eff. Oct. 3, 2023.
Section 143-A:20
[RSA 143-A:20 effective until July 1, 2025; see also RSA 143-A:20 set out below.]
143-A:20 Purchase of Uninspected Bison, Elk, or Red Deer by Licensed Restaurants. –
I. A licensed restaurant, as defined in RSA 143-A:14, II, may purchase from bison, elk, or red deer producers uninspected bison, elk or red deer that is labeled in accordance with RSA 143-A:19.
II. For at least 90 days from the date of each purchase, the licensed restaurant shall keep on file the receipt of purchase to include the product purchased, the date of purchase, the name of the producer, the name and address of the farm, and phone number.
III. The licensed restaurant shall clearly label any menu item containing uninspected bison, elk, or red deer with the following statement: "This product was slaughtered at the farm and is exempt from state and federal inspection."
Source. 2016, 36:3, eff. July 2, 2016. 2023, 180:4, eff. Oct. 3, 2023.
Wild Mushroom Harvesters
Section 143-A:21
143-A:21 Definitions. –
In this chapter:
I. "Community supported agriculture" or "CSA" means a distribution system in which a farmer distributes produce directly to consumers.
II. "Department" means the department of health and human services.
III. "Distributor" means a person who purchases wild mushrooms from a harvester and sells to food establishments or direct to the public. Distributor shall not include food establishments.
IV. "Food establishment" means a food service establishment or retail food store licensed under RSA 143-A, as well as farmers market, farm stand, and CSA.
V. "Harvester" means a person who forages for and harvests wild mushrooms for sale to a distributor, food establishment, or to the public.
VI. "Identifier" means a person who identifies wild mushrooms collected by a harvester on behalf of a distributor or a food establishment.
VII. "Mushroom" means the fleshy, spore-bearing, fruiting body of a fungus.
VIII. "Tier 1 mushroom" means a wild mushroom which is easily identified, that has no toxic look-alikes, and which is unlikely to cause illness in humans.
IX. "Tier 2 mushroom" means a wild mushroom which is difficult to identify, may have toxic look-alikes, or may cause illness in some humans.
Source. 2021, 70:1, eff. July 1, 2022.
Section 143-A:22
143-A:22 License Required. –
I. No person shall identify, harvest, or offer wild mushrooms for sale unless he or she is licensed by the department.
II. A wild mushroom identifier, harvester, and distributor may receive a tier 1 license upon the following:
(a) Payment of a fee of $75 to the department.
(b) Fulfilling educational requirements approved by the department.
(c) Passing an exam on the tier 1 mushroom list approved by the department.
III. A wild mushroom identifier, harvester, and distributor may receive a tier 2 license upon the following:
(a) Payment of a fee of $75 to the department.
(b) Fulfilling educational requirements set by the department.
(c) Passing an exam on the tier 2 mushroom list approved by the department.
IV. Licenses shall be valid for 5 years from the date of issue. A person holding a valid mushroom identifier, harvester, and distributor license may renew such license after completion of an on-line renewal course and payment of a $30 fee.
V. A licensee may only identify, harvest, and sell mushrooms from the tier list corresponding to the tier license they hold, however a tier 2 licensee may also identify, harvest, and sell mushrooms from the tier 1 list.
VI. The department may revoke a license for good cause including, but not limited to, the harvest, distribution or sale of wild mushrooms in a manner not consistent with this chapter and the educational program required under this section, failure to keep records in accordance with this subdivision, or the sale of wild harvested mushrooms not included on the tier 1 or tier 2 lists.
VII. A licensed mushroom identifier, harvester, and distributor shall present his or her license to the purchaser of his or her mushrooms at the time of sale and to the department of health and human services or to the department of agriculture, markets, and food upon request.
VIII. A person harvesting wild mushrooms for personal use shall not require a license.
IX. A licensee may harvest from a property only with documented permission from the land owner or land manager.
Source. 2021, 70:1, eff. July 1, 2022.
Section 143-A:23
143-A:23 Labeling Requirements; Recordkeeping. –
I. All mushrooms harvested by a person licensed under this subdivision for sale shall be labeled with the following:
(a) The name, address, and license number of the licensed mushroom identifier, harvester, and distributor.
(b) The species of mushroom.
(c) The weight sold.
(d) The date of harvesting.
(e) The county of harvesting.
II. A copy of such label shall be retained by the licensed mushroom identifier, harvester, and distributor for one year, as well as information on the specific harvest location of all mushrooms harvested.
III. A copy of such label shall be retained by the food service establishment for 90 days.
IV. Such records shall be available for inspection upon request by the department of health and human services and the department of agriculture, markets, and food.
Source. 2021, 70:1, eff. July 1, 2022.
Section 143-A:24
143-A:24 Sale of Wild Mushrooms. –
A licensed food service establishment or retail food store within the state may only sell wild mushrooms or food products made with wild mushrooms, identified, harvested, and distributed in accordance with this subdivision unless purchased from an out-of-state source approved by that state or country of origin. A licensed food service establishment or retail food store purchasing or receiving wild mushrooms from a licensed wild mushroom identifier, harvester, and distributor shall keep a record of all such transactions with the information described in RSA 143-A:23 for no less than 90 days. Such records shall be available for inspection upon request by the department of health and human services or the department of agriculture, markets, and food. The department of health and human services shall add wild mushrooms to the inspection requirements of licensed food establishments and retail food stores including verifying that such wild mushrooms sold meet the requirements of this subdivision. The department of agriculture, markets, and food may verify that wild mushrooms sold at farmers markets and farmstands meet the requirements of this subdivision.
Source. 2021, 70:1, eff. July 1, 2022.
Section 143-A:25
143-A:25 Revocation of License. –
A food service establishment or retail food store within this state licensed under this chapter may have its license revoked under RSA 143-A:7 if the department finds any of the following:
I. Records have not been kept in accordance with RSA 143-A:23 and RSA 143-A:24.
II. Purchasing or receiving wild mushrooms for use in food products from a person who is not licensed under RSA 143-A:22 unless purchased from an out-of-state source approved by that state or country of origin.
III. Purchasing or receiving wild mushrooms for use in food products that are not approved as tier 1 or tier 2 mushrooms by the department, unless purchased from an out-of-state source approved by that state or country of origin.
Source. 2021, 70:1, eff. July 1, 2022.
Section 143-A:26
143-A:26 Penalty. –
I. Any person who identifies, harvests, or distributes wild mushrooms without having a license to do so as required by this subdivision may be subject to an administrative fine levied by the commissioner of the department not to exceed $1,000 for each violation.
II. The department may issue a cease and desist order to any person selling mushrooms in violation of this subdivision at a farm stand, farmers market, food service establishment, or retail food store.
III. A food service establishment or retail food store within this state licensed under this chapter that violates this subdivision may be subject to an administrative fine levied by the department of health and human services not to exceed $1,000 per violation.
IV. A food service establishment or retail food store within this state licensed under this chapter that distributes wild mushrooms in violation of this subdivision may be subject to an administrative fine levied by the department of health and human services not to exceed $1,000 per violation.
Source. 2021, 70:1, eff. July 1, 2022.
Section 143-A:27
143-A:27 Duties; Department of Health and Human Services. –
The department shall:
I. Maintain a database of all wild mushroom identifier, harvester, and distributor licensees. Such database shall be available to the public on the department's Internet site.
II. Approve training courses and licensing exams for tier 1 and tier 2 mushroom identifier, harvester, and distributor licenses.
III. Develop an education and notification program for food service licensees on the wild mushrooms approved for harvest and sale on the tier 1 and tier 2 lists, including but not limited to photos of such mushrooms.
Source. 2021, 70:1, eff. July 1, 2022.
Section 143-A:28
143-A:28 Rulemaking. –
The department shall adopt rules under RSA 541-A relative to:
I. The content of the required educational courses for persons applying for a tier 1 or tier 2 mushroom identifier, harvester, and distributor license, including identification of mushrooms, appropriate locations from which to harvest mushrooms, the safe handling and storage of mushrooms, record keeping requirements, and ethics of harvesting; and which shall contain no less than 12 hours of in-person instruction with a mandatory online preparation module.
II. The content of the required educational course for persons applying to renew a tier 1 or tier 2 mushroom harvester and distributor license.
III. The content of an abbreviated course which shall contain no less than 4 hours of in-person training which shall be offered for experienced identifiers, harvesters, and distributors who demonstrate competency to the department. Experienced identifiers, harvesters, and distributors may apply to the department for such course.
IV. A list of tier 1 mushrooms which are easy to identify, with no toxic look-alikes, and which are unlikely to cause illness in humans.
V. A list of tier 2 mushrooms which are more difficult to identity, which may have toxic look-alikes, or may make a small percentage of humans ill.
VI. The content and format of application forms, testing materials and procedures.
VII. The content of testing material and test taking procedures.
VIII. Evidence of licensure.
IX. The content of the database for mushroom identifier, harvester, and distributor licensees.
X. Qualifications for trainers and instructors for educational courses for tier 1 and tier 2 mushroom identifier, harvester, and distributor license.
XI. A fine schedule for violations of this subdivision.
Source. 2021, 70:1, eff. July 1, 2022.