CHAPTER He-P 2300  SANITARY PRODUCTION AND DISTRIBUTION OF FOOD

 

PART He-P 2301  DEFINITIONS

 

He-P 2301.01  Definitions.

 

(a)  “Acid foods” means “acid foods” as defined by 21 CFR 114.3(a), namely, “foods that have a natural pH of 4.6 or below.”

 

(b)  “Acidified foods” means “acidified foods” as defined by 21 CFR 114.3(b), namely, “low-acid foods to which acid(s) or acid food(s) are added; these foods include, but are not limited to, beans, cucumbers, cabbage, artichokes, cauliflower, puddings, peppers, tropical fruits, and fish, singly or in any combination.  They have a water activity (aw) greater than 0.85 and have a finished equilibrium pH of 4.6 or below.  These foods may be called, or may purport to be, ‘pickles’ or ‘pickled’.  Carbonated beverages, jams, jellies, preserves, acid foods (including such foods as standardized and non-standardized food dressings and condiment sauces) that contain small amounts of low-acid food(s) and have a resultant finished equilibrium pH that does not significantly differ from that of the predominant acid or acid food, and foods that are stored, distributed, and retailed under refrigeration are excluded from the coverage of this part.”

 

          (c)  “Applicant” means the owner of a food establishment or an officer of the legal ownership who applies for a license under these rules.

 

          (d)  “Bed and breakfast” means a type of food service establishment that is a transient lodging facility, which is the owner’s or innkeeper’s personal residence, is occupied by the owner or innkeeper at the time of rental to an in-house guest, and in which breakfast is the only meal served.

 

          (e)  “Beverage” means “beverage” as defined in RSA 143:9.

 

          (f)  “Caterer” means a person or entity which provides meals or food at private functions at off-site locations.

 

          (g)  “Certified food protection manager” means the person in charge who has shown proficiency of required information through passing a test that is part of an accredited program or as stated in 2-102.12(A) of the Food Code.

 

          (h)  “Change of ownership” means any time a controlling interest in a sole proprietorship, joint venture, partnership, corporation, limited liability company, or any other kind of entity is transferred to another sole proprietor, joint venture, partnership, corporation, limited liability company, or any other kind of entity.

 

          (i)  “Commissioner” means the commissioner of the New Hampshire department of health and human services, or his or her designee.

 

          (j)  “Continental breakfast” means a light breakfast that includes items such as coffee, tea, juices, toasts, breakfast cereals, assorted pastries, and uncut fruit.

 

          (k)  “Corrective action plan (CAP)” means a plan developed and written by the licensee, which specifies the actions that will be taken to correct identified deficiencies.

 

          (l)  “Critical control point” means a point or procedure in a specific food system where loss of control might result in an unacceptable health risk.

 

          (m)  “Critical limit” means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard might occur.

 

          (n)  “Department” means the New Hampshire department of health and human services.

 

          (o)  “Exempt homestead food operation” means a homestead food operation whose maximum annual gross sales is less than $20,000 and whose homestead food products are only for sale directly to the consumer from the homestead residence, the owner’s farm stand, at farmers’ markets, or at a retail food store.

 

          (p) “Farm store” means a retail food store with no food preparation areas and no running water that offers locally grown or produced foods only.

 

          (q)  “Food” means “food” as defined in RSA 143-A:3, III.

 

          (r)  “Food Code” means the U.S. Department of Health and Human Services, Public Health Services, Food and Drug Administration, Food Code, 2017 edition.

 

          (s)  “Food establishment” means “food service establishment” as defined in RSA 143-A:3, IV, or “retail food store” as defined in RSA 143-A:3, VII.

 

          (t)  “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, or direct to consumer at another location.  This term includes “cold storage” or “refrigerating warehouse”.  The term does not include an operation that processes food under the oversight of the New Hampshire department of agriculture in accordance with RSA 426, RSA 427, RSA 428, RSA 429 and RSA 434.

 

          (u)  “Food service establishment” means “food service establishment” as defined in RSA 143-A:3, IV.

 

          (v)  “Foodborne disease outbreak” means the occurrence of 2 or more cases of a similar illness resulting from the ingestion of a common food.

 

          (w)  “Harvester” means a person who forages for and harvests wild mushrooms for sale to a distributor, food establishment, or to the public.

 

          (x)  “Homestead food operation” means “homestead food operation” as defined in RSA 143-A:12, I(a).

 

          (y)  “Homestead food products” means foods which are not potentially hazardous food, as defined in (am) below, that are made at a homestead food operation, and are limited to the following:

 

(1)  Baked items, including, breads, rolls, muffins, cookies, brownies, and cakes;

 

(2)  Double-crusted fruit pies;

 

(3)  Candy and fudge;

 

(4)  Packaged dry products, which include spices and herbs;

 

(5)  Acid foods, including, vinegars and mustards; and

 

(6)  Jams and jellies.

 

          (z)  “Identifier” means a person who identifies wild mushrooms collected by a harvester on behalf of a distributor or a food establishment.

 

          (aa)  “Immediately endangers public health or safety” means that a condition exists that is an imminent health hazard.

 

          (ab)  “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 based on the number of potential injuries and the nature, severity, and duration of the anticipated injury.

 

          (ac)  “License” means the document issued by the department or other regulatory agency, which authorizes a license holder to operate a food establishment.

 

          (ad)  “License holder” means the entity legally responsible for the operation of a licensed food establishment, including, the owner, the owner’s agent, or other person.

 

          (ae)  “Low-acid foods” means “low-acid foods” as defined by 21 CFR 114.3(d), namely, “any foods, other than alcoholic beverages, with a finished equilibrium pH greater than 4.6 and a water activity (aw) greater than 0.85.  Tomatoes and tomato products having a finished equilibrium pH less than 4.7 are not classed as low-acid foods.”

 

          (af)  “Major food allergen” is a food that contains proteins that may cause the immune system of certain individuals to react in a manner which is harmful to health.  The foods that account for most reactions are those containing  milk, egg, various fish to include bass, flounder, cod,  or various crustacean shellfish to include crab, lobster, or shrimp, tree nuts to include almonds, pecans, or walnuts, wheat, peanuts, and soybeans, or a food ingredient that contains protein derived from the aforementioned foods.

 

          (ag)  “Mobile food unit” means a food service establishment mounted on wheels or otherwise designed to be immediately moveable.  This term does not include a food service establishment which is required to meet the wastewater requirements in He-P 2304.07.

 

          (ah)  “Mushroom” means the fleshy, spore-bearing, fruiting body of a fungus.

 

          (ai)  “Mushroom distributor” means a person who purchases wild mushrooms from a harvester and sells to food establishments or direct to the public. Mushroom distributor does not include food establishments.

 

          (aj)  “Non-exempt homestead food operation” means a homestead food operation whose annual gross sales exceeds $20,000 or who wishes to sell homestead food products, as defined in (w) above, to restaurants, over the Internet, by mail order, or to wholesalers, brokers, or other food distributors for resale.  A non-exempt homestead food operation is a type of food service establishment.

 

          (ak)  “Package” means a quantity or an amount of food that is bottled, canned, cartoned, securely bagged, or securely wrapped.

 

          (al)  “Person in charge” means the individual present at a food establishment who is responsible for the operation of the establishment at the time of inspection, including the duties described in section 2-103.11 of the Food Code, and who can demonstrate the knowledge required by section 2-102.11 of the Food Code which are pertinent to the risks inherent to that specific food establishment.

 

          (am)  “Potentially hazardous food” means “potentially hazardous food” as defined in RSA 143-A:12, I(b), namely, “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.”  This term includes “time/temperature control for safety (TCS) food.”

 

          (an)  “Poultry” means “poultry” as defined in RSA 143-A:14, III.

 

          (ao)  “Poultry producer” means “poultry producer” as defined in RSA 143-A:14, IV.

 

          (ap)  “Priority item” means a provision of the Food Code, marked with a superscript P,P, whose application contributes directly to the elimination, prevention, or reduction to an acceptable level, hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard.

 

          (aq)  “Public water system” means “public water system” as defined in RSA 485:1-a, XV.

 

          (ar)  “Pushcart” means a type of food service establishment that is a non-self propelled vehicle limited to serving non-time/temperature control for safety foods, packaged time/temperature control for safety foods maintained at proper temperatures, or limited to the preparation and serving of frankfurters.

 

          (as)  “Rabbit” means “rabbit” as defined in RSA 143-A:14, VI.

 

          (at)  “Rabbit producer” means “rabbit producer” as defined in RSA 143-A:14, VII.

 

          (au)  “Regulatory authority” means the local, state, or federal enforcement body having jurisdiction over the food establishment.

 

          (av)  “Remodeled” means having undertaken construction, which includes, but is not limited to, adding new seats or a food preparation area, or any construction affecting the kitchen or any other part of a food establishment that requires a plumbing modification.

 

          (aw)  “Retail food store” means “retail food store” as defined in RSA 143-A:3, VII.

 

          (ax)  “Sanitization” 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.

 

          (ay)  “Servicing area” means an operating base location to which a mobile food unit or transportation vehicle returns regularly for such things as vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food.

 

          (az)  “Sewage” means “sewage” as defined in RSA 485-A:2, X, namely, “the water-carried waste products from buildings, public or private, together with such groundwater infiltration and surface water as may be present.”

 

          (ba)  “Soup kitchen” means a food service establishment operated by a charitable organization including religious societies and fraternal organizations organized pursuant to RSA 292, RSA 306, and RSA 418, that prepares and serves meals to the public without charge.

 

          (bb)  “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.

 

          (bc)  “Tier 2 mushroom” means a wild mushroom which is difficult to identify, may have toxic look-alikes, or may cause illness in some humans.

 

          (bd)  “Time/temperature control for safety (TCS) food” means a food that requires time/temperature control for safety to limit pathogenic microorganism growth or toxin formation.  This term includes “potentially hazardous food.”

 

          (be) “Unattended market” means an operation that provides packaged foods or whole fruit using an automated payment system, and has controlled entry not accessible by the general public.

 

          (bf)  “Uninspected bison” means “uninspected bison” as defined in 143-A:18.

 

Source.  #2802, eff 8-8-84-EXPIRED 8-8-90

 

New.  #6503, INTERIM, eff 4-25-97; EXPIRED 8-23-97

 

New.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; amd by #8368, eff 6-4-05; amd by #8863, eff 4-13-07; ss by #9857-A, eff 2-1-11; amd by #10199-A, eff 10-12-12; ss by #10867, eff 6-25-15; amd by #10956, eff 10-22-15; ss by #12852,
eff 8-20-19; ss by #13428, eff 8-5-22

 

PART He-P 2302  LICENSE REQUIRED

 

          He-P 2302.01  License Required.  Unless exempted under RSA 143-A:5, RSA 143-A:5-a, or He-P 2302.02, no person shall operate a food establishment in New Hampshire without obtaining a license from the department.

 

Source.  #2802, eff 8-8-84-EXPIRED 8-8-90

 

New.  #6503, INTERIM, eff 4-25-97; EXPIRED 8-23-97

 

New.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2302.02  Soup Kitchens Exempt from Licensure.  In accordance with RSA 143-A:5-a, soup kitchens shall be exempt from licensure by the department provided:

 

          (a)  They do not charge for meals; and

 

          (b)  They submit to the department a written notice which:

 

(1)  Identifies the name and address of the person operating the soup kitchen;

 

(2)  Identifies the clientele served by the soup kitchen;

 

(3)  Lists the hours the soup kitchen will operate; and

 

(4)  Provides a description of the food to be served.

 

Source.  #2802, eff 8-8-84-EXPIRED 8-8-90

 

New.  #6503, INTERIM, eff 4-25-97; EXPIRED 8-23-97

 

New.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

PART He-P 2303  INCORPORATION OF THE 2017 FOOD CODE

 

          He-P 2303.01  Incorporation of the 2017 Food Code.

 

          (a)  All licensees shall comply with the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, Food Code, 2017 edition, available as set forth in Appendix A, and free to the public in a PDF format on the web at https://www.fda.gov/downloads/Food/GuidanceRegulation/RetailFoodProtection/FoodCode/UCM595140.pdfhenceforth known as the Food Code, as amended in (b) below, unless exempted in (c) or (d) below.

 

          (b)  The following amendments shall apply to the document incorporated:

 

(1)  Amend section 3-201.11(A) so that (A) reads as follows:  “Food shall be obtained from sources that comply with law” except that the exemption under the Poultry Products Inspection Act at 21 USC 464(c)(4) shall not apply in the state of New Hampshire”;

 

(2)  Delete Chapter 8;

 

(3)  Poultry from poultry producers that comply with He-P 2313 shall be considered to be from an approved source under section 3-201.11(A);

 

(4)  Rabbit from rabbit producers that comply with He-P 2313 shall be considered to be from an approved source under section 3-201.11(A); and

 

(5)  Uninspected bison meat from producers that comply with RSA 427:16, XII and sold or to be sold as provided in RSA 427:2-a, IV shall be considered to be from an approved source under section 3-201.11(A).

 

          (c)  Those food establishments applying for licensure or which are licensed as a bed and breakfast shall comply with the Food Code.  However, the exceptions to the Food Code listed in He-P 2308.02 shall apply to a bed and breakfast.

 

          (d)  Those food establishments applying for licensure or which are licensed as food processing plants or non-exempt homestead food operations shall be exempt from the requirements of the Food Code, and shall comply with the requirements in He-P 2309 and He-P 2311, respectively.

 

Source.  #2802, eff 8-8-84; amd by #4234, eff 2-23-87; ss by #5051, eff 1-22-91; amd by #5631, eff 5-26-93; amd by #6503, INTERIM, eff 4-25-97; EXPIRED 8-23-97

 

New.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11; amd by #10199-A, eff 10-12-12; ss by #10867, eff 6-25-15; ss by #12852, eff 8-20-19

 

          He-P 2303.02  Requirements for Food Protection Manager Certification.

 

          (a)  The following categories as listed in He-P 2304.04 shall be exempt from the requirement for a certified food protection manager as defined in He-P 2301.01(g):

 

(1)  Category A-1, food processing plants which commercially process 100,000 packages of food or more, per year;

 

(2)  Category C-5, food processing plants which commercially process less than 100,000 packages of TCS food per year;

 

(3)  Category C-6, cold storage or refrigerating warehouse;

 

(4)  Category D-4, retail food stores that allow self-service of food, including coffee, hot dogs, or soft drinks;

 

(5)  Category D-6, servicing areas;

 

(6)  Category E-1, bed and breakfasts;

 

(7)  Category E-3, lodging facilities serving continental breakfasts;

 

(8)  Category F-1, home delivery services of packaged frozen food;

 

(9)  Category F-2, pushcarts and other mobile food units, including, those serving packaged food and non-TCS unwrapped foods only;

 

(10)  Category F-3, retail food stores with no food preparation areas;

 

(11)  Category F-4, wholesalers/distributors of TCS food;

 

(12)  Category F-5, on-site vending machines or unattended markets, which serve TCS food;

 

(13)  Category F-6, bakeries which do not serve TCS food and have no seats;

 

(14)  Category F-7, farm store;

 

(15)  Category G-1, bars/lounges without a food preparation area;

 

(16)  Category G-2, arena/theater concessions serving non-TCS food;

 

(17)  Category G-3, retail food stores serving pre-packaged ice cream;

 

(18)  Category G-7, sellers of pre-packaged frozen meat or poultry that is processed in a USDA-inspected plant; or

 

(19)  Category G-8, food processing plants that manufacturer or package non-TCS food.

 

          (b)  A food establishment that is in process of initial licensing shall have a certified food protection manager within first 45 days of the initial licensing inspection.

 

          (c)  If a food establishment’s certified food protection manager ceases his/her employment and renders the food establishment out of compliance with food manager certification requirements, the establishment shall have 90 days to come into compliance.

 

          (d)  Food establishments that have at least one certified food protection manager on staff shall not be required to have the certified food protection manager present during hours of operation when no food preparation is taking place.

 

          (e)  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.

 

          (f)  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.

 

          (g)  A food establishment shall have available the exam certificate of each certified food protection manager for review by inspection staff.

 

Source.  #12852, eff 8-20-19; ss by #13428, eff 8-5-22

 

          He-P 2303.03  Requirements for Food Allergy Awareness. 

 

          (a)  A food service establishment that offers unpackaged foods intended for immediate consumption by the consumer shall post a notice to customers of the customer’s obligation to inform the server of his or her food allergies.

 

          (b)  This notice shall be displayed by brochures, deli case or menu advisories, label statements, table tents, place cards, or other effective written means and state “Before placing your order, please inform your server if a person in your party has a food allergy”.

 

Source.  #13428, eff 8-5-22

 

PART He-P 2304  APPLICATION AND LICENSING PROCEDURE

 

          He-P 2304.01  Initial License Application Requirements.

 

          (a)  Each applicant for a license shall complete and submit to the department an application form entitled “Application for New Annual Food Service License” (FSAPP June 2022), “Application for Annual Food Processing Plant License” (FPAPP August 2019), “Application for Annual Homestead License” (HAPP August 2019), or “Application for Annual Mobile Food Unit License” (MFAPP August 2019), as applicable, signed and dated by the applicant or the person who represents the applicant certifying the following:

 

“I certify that all information provided in or attached to this application is complete, accurate and up-to-date as of the date specified below.  I further certify that there are no willful misrepresentations of the answers to questions herein, and that I have made no omissions with respect to any of my answers to the questions presented.  I understand that it is my responsibility to immediately notify the Food Protection Section with regard to any changes, corrections, or updates to the information provided.”

 

          (b)  In addition to submitting the completed application, in (a) above, an applicant shall also submit the following:

 

(1) A check, money order, or on-line payment by credit card at https://www.dhhs.nh.gov/programs-services/environmental-health-and-you/food-protection for the applicable fee submitted with the application in (1) above, in accordance with He-P 2304.05(a) and (c);

 

(2)  Water system documentation, in accordance with He-P 2304.06, except that food establishments applying to be licensed as a farm store, home delivery services, pushcart and other mobile units, on-site vending machines, retail food stores serving pre-packaged ice cream, and sellers of pre-packaged frozen meat or poultry that is processed in a United States Department of Agriculture (USDA) plant shall not be required to submit such documentation;

 

(3)  Wastewater system documentation, in accordance with He-P 2304.07, except that food establishments applying to be licensed as a bed and breakfast or a homestead shall not be required to submit such documentation;

 

(4)  A completed “Floor Plan Review Application” (PRAPP 07-01-15) signed and dated by the applicant, or the person who represents the applicant, if required by He-P 2304.12(a) and if not already submitted to the department for review, and which meets the requirements of the Food Code, unless the applicant is exempt from this requirement as set forth in He-P 2304.12(d);

 

(5)  If the application is for a mobile food unit which uses a servicing area, one of the following:

 

a.  A copy of the food establishment license, from the appropriate regulatory authority, of the facility being used as a servicing area; or

 

b.  A separate license application for the facility to be used as a servicing area;

 

(6)  A hazard analysis and critical control point (HACCP) plan if required by He-P 2304.13; and

 

(7)  A proposed menu or list of food and beverages to be offered.

 

          (c)  The applicant shall apply online at https://www.dhhs.nh.gov/programs-services/environmental-health-and-you/food-protection, by mail, or hand deliver the fee and all documents to:

 

Department of Health and Human Services

Bureau of Finance/Receipts Unit.  Food Protection

Food Protection Section

129 Pleasant Street

Concord, NH 03301

(603) 271-4589

 

          (d)  Applicants seeking a change in license class, a new license, or a new license due to a change of ownership, shall contact the department’s food protection section to arrange for an inspection of the establishment no later than 30 days from the date of mailing or delivering the fee and application.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; amd by #9857-A, eff 2-1-11, (paras (a)(2)-(7) & (b)); amd by
#9857-B, eff 2-1-11, ((a) intro and (a)(1)); amd by #10199-A, eff 10-12-12 ((a) intro and (a)(1)); ss by #10867, eff 6-25-15; amd by #10956, eff 10-22-15; ss by #12729, INTERIM, eff
2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19; ss by #13428, eff 8-5-22

 

          He-P 2304.02  Processing of Initial Applications and Issuance of Licenses.

 

          (a)  Applications shall be processed in accordance with RSA 541-A:29.

 

          (b)  An application for an initial license shall be complete when the department determines that all items required by He-P 2304.01(a) and (b) have been received.

 

          (c)  If an application does not contain all the items required by He-P 2304.01(a) and (b), the department shall:

 

(1)  Not process that application; and

 

(2)  Notify the applicant in writing of which items are required to be submitted before the application can be processed.

 

          (d)  Any licensing fee submitted to the department in the form of a check or money order and returned to the state for any reason shall be processed in accordance with RSA 6:11-a.

 

          (e)  Licensing fees shall not be transferable to any other application(s).

 

          (f)  Following an inspection, conducted pursuant to RSA 143:4 and in accordance with He-P 2305, a provisional license shall be issued if the department determines that an applicant is in compliance with RSA 143, RSA 143-A, and these rules.

 

          (g)  Pursuant to RSA 143-A:6, I:

 

(1)  A provisional license shall expire 90 days after the date of issuance; and

 

(2) If a license is not issued following the expiration of a provisional license, the food establishment shall cease operation the day after the provisional license expires and not operate until a license is obtained.

 

          (h)  If, within 45 days of issuance of a provisional license the department conducts an inspection in accordance with He-P 2305 and determines that an applicant is in compliance with RSA 143, RSA 143-A, and these rules, the department shall issue to the applicant a license valid for a time period of one year following the date of issuance of the provisional license.

 

          (i)  All licenses and provisional licenses issued in accordance with RSA 143-A shall be issued for a specific license classification and category under He-P 2304.04.

 

          (j)  License holders shall operate in accordance with the class and category of license issued.

 

          (k) All licenses and provisional licenses issued in accordance with RSA 143-A shall be non-transferable by person or location.

 

          (l)  Licenses shall be posted at all times in an area of the food establishment that is conspicuous to patrons.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2304.03  License Expirations and Procedures for Renewals.

 

          (a)  All licenses issued shall be valid for one year following the date of issuance, or one year following the first day of the month after the date of issuance of an initial license, as applicable.

 

          (b)  Each licensee shall apply to renew his or her license\at least 30 days prior to the expiration of the current license.

 

          (c)  The licensee shall submit a renewal application that includes the following:

 

(1)  The materials required by He-P 2304.01(b)(1) and(2); and

 

(2)  Any changes to information provided to the department in the initial application.

 

          (d)  A license shall be renewed if the department determines that the licensee:

 

(1)  Submitted an application containing all the items required by (c) above, as applicable, at least 30 days prior to the expiration of the current license;

 

(2)  Has submitted a CAP that has been accepted by the department and implemented by the licensee if deficiencies were cited at the last licensing inspection;

 

(3)  Is found to be in compliance with RSA 143, RSA 143-A, and He-P 2300 at a renewal inspection, as applicable; and

 

(4)  Has paid any outstanding fees or fines in full.

 

          (e)  If a license holder fails to submit a complete application for renewal as required under (b) and (c) above, the food establishment shall cease operation the day after the license expires, and shall not operate until a license is obtained pursuant to RSA 143-A.

 

          (f)  Any food establishment wishing to submit an application for a renewal license whose previous license has been expired in excess of 90 days shall apply in accordance with the requirements of an initial license in He-P 2304.01.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11; ss by #10867, eff 6-25-15; ss by #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2304.04  License Classes.

 

          (a)  For the purpose of licensure, food establishments shall be divided into the following classes:

 

(1)  Class A which shall include:

 

a.  Category A-1, food processing plants which commercially process 100,000 packages of food or more, per year;

 

b.  Category A-2, food service establishments with 200 or more indoor seats; or

 

c.  Category A-3, retail food stores with 4 or more food preparation areas;

 

(2)  Class B which shall include:

 

a.  Category B-1, retail food stores with 2 to 3 food preparation areas; or

 

b.  Category B-2, food service establishments with 100 to 199 indoor seats;

 

(3)  Class C which shall include:

 

a.  Category C-1, retail food stores with one food preparation area, including, an area for cutting cheese or fudge;

 

b.  Category C-2, caterers serving food off-site;

 

c.  Category C-3, food service establishments with 25 to 99 indoor seats;

 

d.  Category C-4, bars or lounges with a food preparation area, excluding areas used for preparing garnish such as limes and lemons;

 

e.  Category C-5, food processing plants which commercially process less than 100,000 packages of TCS food per year; or

 

f.  Category C-6, cold storage or refrigerating warehouse;

 

(4)  Class D, which shall include:

 

a.  Category D-1, food service establishments with 0 to 24 indoor seats;

 

b.  Category D-2, fraternities and sororities, except those where the members prepare all their own food;

 

c.  Category D-3, mobile food units which cook or prepare food;

 

d.  Category D-4, retail food stores that allow self-service of food, including coffee, hot dogs, or soft drinks;

 

e.  Category D-6, servicing areas; or

 

f.  Category D-7, arena or theater concessions serving TCS food;

 

(5)  Class E which shall include:

 

a.  Category E-1, bed and breakfasts; or

 

b.  Category E-3, lodging facilities serving continental breakfasts;

 

(6)  Class F which shall include:

 

a.  Category F-1, home delivery services of packaged frozen food;

 

b.  Category F-2, pushcarts and other mobile food units, including, those serving packaged food and non-TCS unwrapped foods only;

 

c.  Category F-3, retail food stores with no food preparation areas;

 

d.  Category F-4, wholesalers or distributors of TCS food;

 

e.  Category F-5, on-site vending machines or unattended markets, which serve TCS food;

 

f.  Category F-6, bakeries which do not serve TCS food and have no seats; or

 

g.  Category F-7, farm store;

 

(7)  Class G shall include:

 

a.  Category G-1, bars or lounges without a food preparation area;

 

b.  Category G-2, arena or theater concessions serving non-TCS food;

 

c.  Category G-3, retail food stores serving pre-packaged ice cream;

 

d.  Category G-4, institutions including state, county, and municipal institutions;

 

e. Category G-5, schools, private schools, and schools whose food service is operated by a caterer;

 

f.  Category G-6, senior meal sites;

 

g.  Category G-7, sellers of pre-packaged frozen meat or poultry that is processed in a USDA-inspected plant; or

 

h.  Category G-8, food processing plants that manufacturer or package non-TCS food;

 

(8)  Class H, Category H-1, shall include non-exempt homestead food operations; and

 

(9)  Class O, Category O-1, shall include municipality-run school cafeterias.

 

          (b)  When a food establishment operates more than one type of business, the higher class shall determine the class of license, with Class A being the highest.

 

          (c)  When a food establishment has an additional food processing business, each shall be licensed separately, requiring separate applications and separate fees.

 

          (d)  When a hospital or school offers food to the general public in addition to its population, then the license class shall be determined by the number of seats the food service establishment has.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11; amd by #10199-A, eff 10-12-12; ss by #10867, eff 6-25-15; ss by #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19; ss by #13428, eff 8-5-22

 

          He-P 2304.05  Fees.

 

          (a)  For each class of license requested, the applicant shall pay the following annual fees:

 

(1)  Class A:  $875;

 

(2)  Class B:  $450;

 

(3)  Class C:  $350;

 

(4)  Class D:  $225;

 

(5)  Class E:  $175;

 

(6)  Class F:  $150;

 

(7)  Class G:  $100;

 

(8)  Class H:  $150; and

 

(9)  Class O:  no charge.

 

          (b)  An applicant or licensee shall pay a fee of $75 for each plan review submitted under He-P 2304.12.

 

          (c)  All fees shall be non-transferable and non-refundable.

 

          (d)  Payment of any fee to the department shall meet the following requirements:

 

(1)  Payment shall be made in the form of check, money order, or on-line payment made payable to the “Treasurer, State of New Hampshire” in the exact amount due;

 

(2)  Money order or certified check shall be required when an applicant or licensee has issued payment to the department by check, and such check was returned for insufficient funds; and

 

(3)  Any payment made to the department by check which is returned for insufficient funds, and which an individual, applicant, or licensee has not made good by submitting a money order or certified check within 2 business days of notification by the department, including any penalty assessment allowed by RSA 6:11-a, shall be grounds for denial of the license.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11; amd by #10199-A, eff 10-12-12, paras (a)(1)(7), (9) and (a)-(f) EXPIRED: 2-1-19; ss by #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2304.06  Water System Requirements.

 

          (a)  Food establishments served by non-community public water systems, as defined by RSA 485:1-a, XV, shall indicate, as part of their application for a license, the Public Water System (PWS) identification number which has been assigned by the New Hampshire department of environmental services (DES).

 

          (b)  For an application to be approved, the non-community public water system regulated by DES serving the food establishment shall:

 

(1)  Be in compliance with all applicable water quality standards and monitoring and reporting requirements of Env-Dw707 through 720 and Env-Dw 801 as applicable ; or

 

(2)  Be in compliance with the requested actions in a letter of deficiency, or the required actions of an administrative order, issued by DES and established to obtain compliance with the regulations cited in (1) above.

 

          (c)  Food establishments which are classified as public water systems, as defined by RSA 485:1-a, XV, shall indicate, as part of their application for a license, the PWS identification number which has been assigned by DES.

 

          (d)  For an application under this paragraph to be approved, the water system shall:

 

(1)  Be in compliance with all applicable water quality standards and monitoring and reporting requirements of Env-Dw707 through 720 and Env-Dw 801 as applicable; or

 

(2)  Be in compliance with the requested actions in a letter of deficiency, or the required actions of an administrative order, issued by the DES and established to obtain compliance with the regulations cited in (1) above.

 

          (e)  Food establishments which purchase their water from a community public water systems, as defined by RSA 485:1-a, XV, and therefore do not fall under (a) above, shall indicate this information on the application.

 

          (f)  Food establishments which do not fall under (a) through (e), and are instead served by a water source other than a public water system, shall submit with the initial and renewal application the written results of a laboratory analysis of the water intended for use, which tests the level of the following:

 

(1)  Bacteria;

 

(2)  Nitrates; and

 

(3)  Nitrites.

 

          (g)  The analyses required by (f) above shall be conducted not more than 6 months prior to the date of the application by a laboratory accredited by DES to perform such tests in accordance with Env-C 300.

 

          (h)  For an application to be approved, the results of the water analysis shall be as follows:

 

(1)  The bacteria test required under (f) above shall not exceed the maximum contaminant level (MCL) for drinking water prescribed by Env-Dw 702; and

 

(2)  The nitrate and nitrite tests required under (f) above shall not exceed the MCL for drinking water prescribed by Env-Dw 704 for those 2 contaminants.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.   #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2304.07  Wastewater System Requirements.

 

          (a)  Food establishments which discharge their wastewater to either public or private wastewater systems which hold either a state surface water discharge permit or a groundwater discharge permit issued by the New Hampshire department of environmental services (DES), shall indicate this information on the application.

 

          (b)  Food establishments which do not discharge their wastewater as described in (a) above shall submit the following as part of their application:

 

(1)  The applicant demonstrates that the existing use has not changed since July 1, 1967, by providing:

 

a.  A town property tax record for 1967 or earlier that is authenticated by a current official of the town; or

 

b.  A sworn, notarized affidavit that the existing use has not increased from the use existing as of July 1, 1967 from an individual unrelated to the applicant who owned the structure served by the private sewage or waste disposal system prior to July 1, 1967 or has personal knowledge of the use of the structure prior to July 1, 1967 in an official capacity such as being a tax assessor or code enforcement officer.; or

 

(2)  A copy of the construction approval and the operation approval for the sewage or waste disposal system that indicates that the system is sufficient in capacity to serve the subject food establishment issued by DES in accordance with RSA 485-A:29 and Env-Wq 1000.

 

          (c)  If not stated in or (b)(2) above a copy of the sewage or waste disposal system plan specifying use shall be submitted as part of their application.

 

          (d)  If there is no increase in the loading of the waste disposal system serving the food establishments in (b) above, and the applicant is unable to produce the documentation required, and has obtained approval of the waste disposal system from DES, the department shall waive the requirement in (b) with written approval from DES.

 

          (e)  Any increase in seating capacity in a licensed food establishment which has a private wastewater system shall comply with Env-Wq 1000.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11; ss by #10867, eff 6-25-15; ss by #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2304.08  Change in Ownership of a Food Establishment.

 

          (a)  When there is a change of ownership of a food establishment, the new owner shall submit the items required for initial license applicants under He-P 2304.01 to the department at least 30 days prior to the change of ownership.

 

          (b)  Upon receipt and processing of the items required by (a) above, and after an inspection conducted in accordance with He-P 2305 which shall also determine compliance with Chapters 4, 5, and 6 of the Food Code, the department shall issue a provisional license reflecting the change in ownership.

 

          (c)  The issuance of a provisional license due to a change in ownership shall void the license of the previous owner on the date the change of ownership occurs.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.   #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2304.09  Change in Name of a Food Establishment.

 

          (a)  When a license holder intends to change the name of a food establishment, that license holder shall submit a written request to the department for a new license at least 30 days prior to the intended date of change in name.

 

          (b)  The written request shall include:

 

(1)  The reason for requesting a new license;

 

(2)  The name of the food establishment as it appears on the existing license;

 

(3)  The name of the food establishment as the license holder requests it to appear on the new license; and

 

(4)  The date upon which the change in name is intended to occur.

 

          (c)  Following receipt of the items required by (b) above, the commissioner shall issue a revised license reflecting the change in name.  The establishment number and expiration date shall remain the same as it was on the immediately preceding license.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2304.10  Change in Location of a Food Establishment.

 

          (a)  When there is a change of location of a food establishment, the license holder shall submit the items required for initial license applicants under He-P 2304.01 to the department at least 30 days prior to the change of location.

 

          (b)  Upon receipt and processing of the items required under (a) above, and after an inspection conducted in accordance with He-P 2305, the department shall issue a provisional license reflecting the change of location.

 

          (c)  The issuance of a provisional license due to a change in location shall void the previous license on the date the change of location occurs.

 

          (d)  This section shall not apply to mobile food units, pushcarts, or vehicles used to sell retail food.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.   #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2304.11  Change in License Class.

 

          (a)  A license holder wishing to request an upgrade to a higher-level class of license listed in He-P 2304.04 shall:

 

(1)  Be treated as an applicant for a new license; and

 

(2)  Apply for a new license in accordance with He-P 2304.01.

 

          (b)  The issuance of a provisional license due to an upgrade in license class shall void the previous license on the date the upgrade occurs.

 

          (c)  A license holder wishing to request a downgrade to a lower level class of license listed in He-P 2304.04 shall submit a written request for downgrade to the department.

 

          (d)  The written request in (c) above shall include:

 

(1)  The reason for requesting a downgrade; and

 

(2)  The date upon which the downgrade is intended to occur.

 

          (e)  Following receipt of the request under (c) above the licensee shall be issued a revised license reflecting the downgrade in class of license.  The establishment number and expiration date shall remain the same as it was on the immediately preceding license.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2304.12  Submission of Plans and Specifications for New or Remodeled Food Establishments.

 

          (a)  A new applicant or a current license holder undergoing remodeling of a food establishment, shall submit a “Floor Plan Review Application” (PRAPP 07-01-15), to the department for review and approval, signed and dated by the applicant or the person who represents the applicant certifying the following: “I certify that all information provided in or attached to this application is complete, accurate and up-to-date as of the date specified below. I further certify that there are no willful misrepresentations of the answers to questions herein, and that I have made no omissions with respect to any of my answers to the questions presented. I understand that it is my responsibility to immediately notify the food protection section with regard to any changes, corrections or updates to the information provided.”

 

          (b)  In addition to submitting a completed application in (a) above, an applicant or license holder shall provide the following with the application:

 

(1)  A proposed menu or list of food and beverages to be offered; and

 

(2)  A copy of the plans and specifications for the food establishment, unless exempt under (d) below, to include:

 

a.  Location of all food equipment which clearly identifies the piece of equipment;

 

b.  Location of food preparation areas;

 

c.  Location of all refrigeration, which shall be commercial grade refrigeration only;

 

d.  Location of all sinks; and

 

e.  Location of toilet facilities and restrooms.

 

          (c)  The application and attachments in (a) and (b) above shall be submitted at least 45 days prior to:

 

(1)  Constructing a new food establishment;

 

(2)  Converting an existing structure for use as a food establishment;

 

(3)  Remodeling a food establishment; or

 

(4)  Relocating a food establishment when the relocation also involves (1), (2), or (3) above.

 

          (d)  The following shall be exempt from submitting a plan review application:

 

(1)  Pushcarts;

 

(2)  Homesteads;

 

(3)  Retail stores with no food prep area;

 

(4)  On-site vending machines serving TCS food;

 

(5)  Sellers of prepackaged frozen USDA meat or poultry; and

 

(6)  Bed and breakfasts.

 

          (e)  An applicant or licensee shall pay a fee of $75, submitted with the application, for each plan review application submitted.

 

          (f)  The department shall review plans for construction, renovation, or structural alterations of a food establishment for compliance with all applicable sections of RSA 143, RSA 143-A, and He-P 2300 and notify the applicant or licensee as to whether the plan complies with the requirements set forth therein.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; amd by #9857-A, eff 2-1-11, (paras (b)-(e)); amd by #9857-B, eff
2-1-11, (para (a)); ss by #10867, eff 6-25-15; ss by #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2304.13  Hazard Analysis and Critical Control Point (HACCP) Plan Requirements.

 

          (a)  The following applicants or licensees shall submit to the department a complete hazard analysis and critical control point (HACCP) plan for approval prior to engaging in an activity that requires such a plan:

 

(1)  Food processing plants that produce potentially hazardous food;

 

(2)  Any food establishment engaging in an activity that requires a variance as specified under Food Code subparagraph 3-401.11 (D)(4), § 3-502.11, or ¶ 4-204.110 (B);

 

(3)  Any food establishment engaging in a food preparation or processing method that the department determines requires a variance, based on the submission of plans and specifications in accordance with He-P 2304.12, an inspection finding, or a variance request;

 

(4)  Any food establishment engaging in an activity specified under Food Code § 3-502.12; and

 

(5)  Any food establishment which is required to have a HACCP plan by law.

 

          (b)  A complete HACCP plan shall include the following:

 

(1)  A categorization of the types of TCS foods that are specified in the menu;

 

(2)  A flow diagram by specific food or category type identifying critical control points and providing information on the following:

 

a.  Ingredients, materials, and equipment used in the preparation of that food; and

 

b. Formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved;

 

(3)  Food employee and supervisory training plan that addresses the food safety issues of concern;

 

(4)  A statement of standard operating procedures for the plan under consideration including clearly identifying:

 

a.  Each critical control point;

 

b.  The critical limits for each critical control point;

 

c.  The method and frequency for monitoring and controlling each critical control point by the food employee designated by the person in charge;

 

d.  The method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points;

 

e.  Action to be taken by the person in charge if the critical limits for each critical control point are not met; and

 

f.  Records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed; and

 

(5)  Additional scientific data or other information, as needed by the department to make its determination under (c) below, supporting the determination that food safety is not compromised by the proposal.

 

          (c)  The department shall review HACCP plans for compliance with all applicable sections of RSA 143, RSA 143-A, and He-P 2300 and notify the applicant or licensee as to whether the plan complies with these requirements.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2304.14  Variances.

 

          (a)  Applicants or license holders seeking variances from specific rules or Food Code items shall complete and submit a “Variance Request Form” (VRFORM, 01-01-11) to the:

 

Department of Health and Human Services

Division of Public Health Services

Food Protection Section

29 Hazen Dr.

Concord, NH 03301

(603) 271-4589

 

          (b)  The variance request shall include:

 

(1)  Specific reference to the rule or Food Code item for which a variance is being sought;

 

(2)  Full explanation of why a variance is necessary;

 

(3)  Full explanation of alternatives proposed by the applicant or license holder, which shall be equally as protective of public health as the rule or Food Code item from which a variance is sought; and

 

(4)  A HACCP plan if required under He-P 2304.13.

 

          (c)  The commissioner shall approve a request for variance if:

 

(1)  The commissioner concludes that authorizing deviation from strict compliance with the rule or Food Code item from which a variance is sought does not contradict the intent of the rule or Food Code item; and

 

(2)  The alternative proposed by the applicant or license holder ensures that the objective or intent of the rule or Food Code item from which a variance is sought will be accomplished.

 

          (d)  If a variance is approved, the license holder’s subsequent compliance with the alternatives approved in the variance shall be considered equivalent to complying with the rule or Food Code item from which a variance was sought.

 

          (e)  A variance shall be approved until the expiration of the current license or as specified by the department.

 

          (f)  No request for a variance concerning the rules of other state agencies which are referred to in this chapter shall be approved.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; amd by #9857-A, eff 2-1-11, (paras (c)-(f)), EXPIRED: 2-1-19; amd by #9857-B, eff 2-1-11, (paras (a)-(b)); ss by #12729, INTERIM, eff 2-21-19, EXPIRES:8-20-19; ss by #12852, eff 8-20-19

 

          He P 2304.15  Trade Secrets and Confidentiality.

 

          (a)  The department shall treat as confidential, in accordance with RSA 350-B, information that meets the criteria specified in RSA 350-B for a trade secret and is contained on inspection report forms, in the plans and specifications submitted as specified under He P 2304.12, and in any HACCP plans submitted.

 

          (b)  Consumer complaints received regarding illness or sanitation of a food establishment shall have the name, address, and phone number or other identifying information of the individual making the complaint maintained as confidential and such information shall not be released without written permission of the complainant.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

PART He-P 2305  INSPECTIONS AND COMPLIANCE

 

          He-P 2305.01  Inspections.

 

          (a)  For the purpose of determining compliance with RSA 143, RSA 143-A, and He-P 2300, as authorized by RSA 143:4 and RSA 143-A:6, II, the applicant or licensee shall admit and allow any department representative at any time to enter and inspect the following:

 

(1)  The licensed food establishment, including any mobile food units or vehicles used by the licensee for the transportation or retail sale of food; and

 

(2)  Any records required by RSA 143-A and He-P 2300, or pertaining to food and supplies purchased and distributed by the food establishment.

 

          (b)  At the time of inspection, or upon request, the applicant or licensee shall provide the department with the following:

 

(1)  A list of persons employed; and

 

(2)  Samples of food for bacteriological, chemical, and physical examination.

 

          (c)  The department shall conduct an inspection to determine full compliance with RSA 143, RSA 143-A, and He-P 2300, prior to:

 

(1)  The issuance of a provisional license;

 

(2)  The issuance of a full license:

 

(3)  A change in ownership;

 

(4)  A change in the licensee’s physical location;

 

(5)  An upgrade in the license class;

 

(6)  Occupation of space after construction, renovations,  or structural alterations; or

 

(7)  The renewal of a license when the department has determined, in the interest of public health and based on the licensee’s inspection and compliance history, that a renewal inspection is warranted.

 

          (d)  In addition to (c) above, the department shall conduct an inspection:

 

(1)  Whenever the department has reason to believe a condition exists that places the food establishment in non-compliance with RSA 143, RSA 143-A, or He-P 2300; and

 

(2)  As necessary to verify compliance with any corrective action plan (CAP) accepted by the department as part of an inspection.

 

          (e)  The applicant, owner, or person in charge shall be present at time of inspection.

 

          (f)  Upon completion of the inspection, the department shall complete a written inspection report in accordance with Food Code Annex 7, Form 3-A and Guide 3-B, or in the case of food processing plants and homesteads a “Food Processing Plant Inspection Report”.

 

          (g)  The inspection report shall contain:

 

(1)  Specific factual observations of deficiencies which violate He-P 2300 or the Food Code and which require correction; and

 

(2)  For all food establishments except food processing plants, a color designation, described in (i) below, based on the results of the inspection findings. 

 

          (h)  The applicant, owner, or person in charge shall acknowledge receipt of the inspection report by signing the inspection report.

 

          (i)  Color designations shall be as follows:

 

(1)  Green if there are no priority item violations identified or if all priority item violations identified are corrected immediately and permanently at the time of the inspection;

 

(2)  Yellow if there are priority item violations identified and are not corrected immediately and permanently at the time of the inspection; and

 

(3)  Red if it is determined that an imminent health hazard exists at the time of the inspection, the establishment has a failed corrective action plan or if the food establishment is found to be operating without a current, valid license.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2305.02  Correction of Deficiencies Identified During an Inspection.

 

          (a)  All deficiencies identified in the inspection report shall be corrected at the time of inspection, as practicable.

 

          (b)  For all food establishments except food processing plants and homesteads, if a priority item violation is found during an inspection and cannot be corrected immediately and permanently in the presence of the inspector, the applicant or licensee shall:

 

(1)  Agree to temporarily correct the priority item violation and to permanently correct it in a specified time frame, not to exceed 10 calendar days after the inspection; or

 

(2)  Complete a CAP in the presence of the inspector in accordance with He-P 2305.03.

 

          (c)  For all food establishments except food processing plants and homesteads, if a violation of any items in Chapter 4, 5, or 6 of the Food Code is found during an inspection for an initial license or change of ownership license, and it cannot be corrected immediately in the presence of the inspector, the applicant or licensee shall:

 

(1)  Agree to temporarily correct the deficiency and to permanently correct it in a specified time frame, not to exceed 10 calendar days after the inspection; or

 

(2)  Complete a CAP in the presence of the inspector in accordance with He-P 2305.03.

 

          (d) For food processing plants and homesteads, if any violation is found during an inspection and cannot be corrected immediately and permanently in the presence of the inspector, the applicant or licensee shall:

 

(1)  Agree to temporarily correct the violation and to permanently correct it in a specified time frame, not to exceed 10 calendar days after the inspection; or

 

(2)  Complete a CAP in the presence of the inspector in accordance with He-P 2305.03.

 

          (e)  All priority foundation items shall be corrected in a timely manner not to exceed 10 days.

 

          (f)  All core items shall be corrected in a timely manner, not to exceed 90 days.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2305.03  Corrective Action Plan.

 

          (a)  When a deficiency identified in the inspection report cannot be corrected either immediately and permanently in the presence of the inspector or permanently within 10 calendar days after the inspection, pursuant to He-P 2305.02(b), (c), or (d), the licensee shall complete, date, and sign, at the time of inspection, a Corrective Action Plan form (CAPAPP, 01-01-11) provided by the inspector, including:

 

(1)  How the licensee intends to correct each deficiency;

 

(2)  The date by which each deficiency shall be corrected; and

 

(3)  What measures will be put in place to ensure that the deficiency does not recur.

 

          (b)  The department shall review and accept each CAP that:

 

(1)  Achieves compliance with RSA 143, RSA 143-A, and He-P 2300;

 

(2)  Addresses all deficiencies and deficient practices as cited in the inspection report;

 

(3)  Prevents a new violation of RSA 143, RSA 143-A, or He-P 2300 as a result of the implementation of the CAP; and

 

(4)  Specifies the date upon which the deficiencies will be corrected.

 

          (c)  The department shall verify the implementation of any CAP that has been accepted by:

 

(1)  Reviewing materials submitted by the licensee;

 

(2)  Conducting a follow-up inspection; or

 

(3)  Reviewing compliance during a renewal inspection.

 

          (d)  If the department finds the licensee to be out of compliance with the CAP by the specified completion date at the time of the next inspection, the department shall:

 

(1)  Impose applicable fines, in accordance with He-P 2306.02(a)(13);

 

(2)  Revoke the license in accordance with He-P 2306.03(a)(7); and

 

(3)  Deny the application for a renewal of a license, as applicable, in accordance with He-P 2304.03(d)(2).

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; amd by #9857-A, eff, 2-1-11, (paras (b)-(d), EXPIRED: 2-1-19; amd by #9857-B, (para (a)), eff 2-1-11; ss by #12729, INTERIM, eff 2-21-19, EXPIRES:8-20-19; ss by #12852, eff 8-20-19

 

PART He-P 2306  ENFORCEMENT ACTIONS

 

          He-P 2306.01  Enforcement Actions and Notice of Right to Appeal.

 

          (a)  The department shall impose enforcement actions for violations of RSA 143, RSA 143-A, or He-P 2300, including the following:

 

(1)  Imposing fines upon an applicant, licensee, or unlicensed individual;

 

(2)  Denying a license application;

 

(3)  Revoking a license; or

 

(4)  Immediately closing the food establishment pursuant to He-P 2306.06.

 

          (b)  When imposing a fine, denying a license application, or revoking a license, the department shall send to the applicant or licensee a written notice that sets forth:

 

(1)  The action to be taken by the department;

 

(2)  The reasons for the action, including the identification of each deficiency as applicable; and

 

(3)  The right of the applicant or licensee to request a hearing in accordance with RSA 541-A, He-C 200, and He-P 2306.04 prior to the enforcement action becoming final.

 

          (c)  No ongoing enforcement action shall preclude the imposition of any remedy available to the department under RSA 143, RSA 143-A, RSA 541-A:30, III, or He-P 2300.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2306.02  Administrative Fines.

 

          (a)  The department shall impose fines as follows:

 

(1)  For providing false or misleading information on or with an application, in violation of He-P 2304.01(a), He-P 2311.01(a), or He-P 2304.12(a), the fine shall be $1,000;

 

(2)  For failure to operate a food establishment only in the manner in which licensed to do so, in violation of He-P 2304.02(j), the fine shall be $500;

 

(3)  For failure to cooperate during an inspection of a food establishment, including but not limited to failing to allow department representatives or inspectors to inspect food establishment premises, vehicles, and records at all times, in violation of He-P 2305.01, the fine shall be $2,000;

 

(4)  For failure to notify the department by telephone within 24 hours of any fire or other disaster that jeopardizes the safety or sanitation of food provided in food establishments, in violation of He-P 2306.06(a), the fine shall be $250;

 

(5)  For failure to notify the department pursuant to He-P 2304.08(a) at least 30 days prior to a food establishment ownership change, the fine shall be $500;

 

(6)  For failure to notify the department pursuant to He-P 2304.10(a) at least 30 days prior to the change of location of a food establishment, the fine shall be $500;

 

(7)  For failure to submit a plan for review as required in He-P 2304.12(a) and (b), the fine shall be $300;

 

(8)  For failure to discard food as required by Food Code 3-701.11, the fine shall be $500;

 

(9)  For failure to cease operation upon notification by the department to do so, the fine shall be $1,000.  Each day that a license holder fails to cease operation shall be considered a separate offense subject to an additional $500 fine;

 

(10)  For failure to cease operation when an application has been denied, or when a license has been revoked, the fine shall be $1,000. Each day that a license holder fails to cease operation shall be considered a separate offense subject to an additional $500 fine;

 

(11)  For a violation of the same priority item on more than 2 consecutive inspections, the fine shall be $500;

 

(12)  For failure to pay an administrative fine within 30 days of its imposition, or within 30 days of the decision to uphold the imposition of a fine that was appealed, the fine shall be $500. Each day until the expiration of the current license, that a license holder fails to pay such a fine shall be considered a separate offense subject to an additional $500 fine;

 

(13)  For a failure to comply with any CAP that has been accepted by the department, the fine shall be $500;

 

(14)  For operation of a food service establishment without obtaining a food service license, as required by RSA 143-A:4, the fine shall be $1,000. Each day that a food establishment operates without a license shall be considered a separate offense subject to an additional $500 fine;

 

(15)  For failure to submit a HACCP plan for review if required by the department in accordance with He-P 2304.13, the fine shall be $500;

 

(16)  For failure to display a valid license, in accordance with He-P 2304.02(l), the fine shall be $200;

 

(17)  For failure of an applicant, owner, or person in charge to be present at the time of inspection and demonstrate the knowledge required by section 2-102.11 of the Food Code which are pertinent to the risks inherent to the specific food establishment, in violation of He-P 2305.01(e), the fine shall be $250;

 

(18)  For violating a variance approved in accordance with He-P 2304.14, the fine shall be $500;

 

(19)  For failure to submit a timely renewal application, in violation of He-P 2304.03(b), the fine shall be $75;

 

(20)  For failure of an exempt or non-exempt homestead food operation to label products in accordance with He-P 2310.01(d) or He-P 2311.04, the fine shall be $250 per product line;

 

(21)  For failure of a poultry producer or a rabbit producer to comply with training requirements of He-P 2313.02, the fine shall be $500;

 

(22)  For failure to cooperate during an outbreak investigation in violation of He-P 2313.01, the fine shall be $500;

 

(23)  For failure to maintain files, for at least 90 days, on the receipt of purchase of uninspected poultry or uninspected rabbits in accordance with RSA 143-A:15, II, the fine shall be $500;

 

(24)  For failure to correctly label a menu relative to the sale of uninspected, poultry or uninspected rabbits in accordance with He-P 2314.01, the fine shall be $500;

 

(25) For failure to comply with the requirements for a certified food protection manager in accordance with He-P 2303.02, the fine shall be $250;

 

(26)  For failure to cease operations after a license has expired, the fine shall be $250. Each day that a license holder fails to cease operation shall be considered a separate offense subject to an additional $50 fine;

 

(27)  For failure to label wild mushrooms or retain records in accordance with RSA 143-A:23, the fine shall be $500;

 

(28)  For failure to maintain files, for at least 90 days, on the receipt of purchase of wild mushrooms, in accordance with RSA 143-A:24, the fine shall be $500; and

 

(29)  For identifying, harvesting, or distributing wild mushrooms without having a license in accordance with RSA 143-A:23, the fine shall be $1000.

 

          (b)  Except for violations of (a)(19) above, each day that an individual or licensee continues to be in violation of the provisions of RSA 143, RSA 143-A, or He-P 2300 shall constitute a separate violation and shall be fined in accordance with this section.

 

          (c)  Payment of any imposed fine to the department shall meet the following requirements:

 

(1)  Payment shall be made in the form of check, money order, or on-line payment made payable to the “Treasurer, State of New Hampshire” in the exact amount due;

 

(2)  Money order, or certified check shall be required when an applicant or licensee has issued payment to the department by check, and such check was returned for insufficient funds; and

 

(3)  Any payment made to the department by check which is returned for insufficient funds, and which an individual, applicant, or licensee has not made good by submitting money order or certified check within 2 business days of notification by the department, including any penalty assessment allowed by RSA 6:11-a, shall be grounds for revocation of the license.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11; amd by #10199-A, eff 10-12-12; ss by #10867, eff 6-25-15; ss by #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19; ss by #13428, eff 8-5-22

 

          He-P 2306.03  Denial or Revocation of a License.

 

          (a)  The department shall deny an application or revoke a license if:

 

(1)  The operation of the licensed establishment immediately endangers public health or safety;

 

(2)  An applicant or licensee has failed to pay any applicable fee in accordance with He-P 2304.05 or any administrative fine imposed under He-P 2306.02 or any other court authorized sanction or fee;

 

(3)  An applicant or a licensee has had a check returned to the department for insufficient funds and has not re-submitted the outstanding fee and additional charges in the form of money order or certified check within 2 business days of notification by the department;

 

(4)  After being notified of and given an opportunity to supply missing information, an applicant or licensee fails to submit an application that meets the requirements of He-P 2304.02(c);

 

(5)  An applicant, licensee, or any representative or employee of the applicant or licensee:

 

a.  Provides false or misleading information to the department;

 

b.  Prevents or interferes, or fails to cooperate with any inspection or investigation conducted by the department; or

 

c.  Fails to provide, upon request, information or documents to the department;

 

(6)  There is a deficiency identified in the inspection report and the applicant or licensee does not either correct it or complete a CAP in accordance with He-P 2305.02(b) or (c);

 

(7)  The licensee fails to implement or continue to implement a CAP that has been accepted by the department in accordance with He-P 2305.03(d);

 

(8)  The licensee is cited 2 or more times under RSA 143, RSA 143-A, or He-P 2300 for the same priority violation within the last 12 months or the last 5 inspections; or

 

(9)  A food establishment fails to implement an approved HACCP plan in accordance with He-P 2304.13;

 

          (b)  Reapplication for a license after revocation, pursuant to RSA 143-A:6, I, shall require submission of:

 

(1)  A written application for a license to the department, completed in accordance with He-P 2304.01;

 

(2)  A corrective action plan, completed in accordance with He-P 2305.03; and

 

(3)  Written proof that subsequent to the revocation, the person in charge has taken and passed a food safety class that meets the standards of The Conference for Food Protection as described in Food Code subparagraph 2-102.20.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2306.04  Request for an Administrative Hearing.

 

          (a)  An applicant or licensee shall have 10 calendar days after receipt of the notice of an enforcement action to request in writing a hearing to contest the action.

 

          (b)  If a written request for a hearing is not received pursuant to (a) above, the applicant or licensee waives his right to a hearing and the action of the department shall become final.

 

          (c)  Hearings under this section shall be conducted in accordance with RSA 541-A and He-C 200.

 

          (d)  For administrative fines, the fines shall be paid to the department no later than 30 days from the receipt of the notice, unless a hearing has been requested.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED:  2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2306.05  Effect of Denial of License Application, Revocation of License, or Expired License.

 

          (a)  Any applicant who has been denied a license or renewal license shall not operate or shall cease operation of the food establishment for which the license or renewal license was denied within 10 calendar days after receipt of the denial notice, unless a timely appeal is submitted.

 

          (b)  If a license is revoked by the department, the food establishment shall cease operation of the food establishment within 10 calendar days after receipt of the revocation notice, unless a timely appeal is submitted.

 

          (c)  If a food establishment is subject to immediate closure as defined in RSA 143:5-a, the food establishment shall immediately cease operation pending reinspection and pursuant to the adjudicative proceedings provisions of RSA 541-A.

 

          (d)  If a license expires without a timely application for renewal having been made, the food establishment shall immediately cease operation of the food establishment.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2306.06  Closure.

 

          (a)  A licensee shall immediately discontinue operations and notify the department at 603-271-4589, or if at night or during weekends at 603-271-5300, if an imminent health hazard shall exist because of an emergency such as:

 

(1)  Interruption of water service that lasts for 2 or more hours;

 

(2)  Whenever a drinking water sample is found to have E. coli bacteria or exceed the MCL for nitrates or nitrites described by He-P 2304.06(f);

 

(3)  A failed sewer system or a sewage backup into the food establishment;

 

(4)  Interruption of electrical service for 2 or more hours;

 

(5)  A fire affecting a food establishment;

 

(6)  Flooding in a food establishment;

 

(7)  Chemical exposure in a food establishment;

 

(8)  Any other natural disaster or catastrophic event that could result in contamination of the food supply;

 

(9)  An employee has been found to be infected with a communicable disease as described in Food Code subparagraph 2-201.11 (A)(2); or

 

(10)  Any other severe unsanitary conditions that threaten to contaminate the food establishment and its food supply.

 

          (b)  A licensee shall not be required to discontinue operations in an area of the food establishment that is unaffected by the imminent health hazard.

 

          (c)  If operations are discontinued as specified in (a) above, the licensee shall obtain approval from the department before resuming operations.

 

(d)  Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the department may agree to continuing operations in the event of an extended interruption of electrical or water service if:

 

(1)  A written emergency operating plan has been approved;

 

(2)  Immediate corrective action is taken to eliminate, prevent, or control any food safety risk and imminent health hazard associated with the electrical or water service interruption; and

 

(3)  The department is informed upon implementation of the written emergency operating plan.

 

          (e)  The department shall approve the resumption of operations if the imminent health hazard no longer exists or the licensee has offered a plan to mitigate all threats to health or safety.

 

          (f)  The failure to include other violations, practices, circumstances, or events in this section shall not be construed as a determination that other violations, practices, circumstances, or events are not or shall not be considered an imminent health hazard.

 

          (g)  The commissioner’s order of an immediate closure of a food establishment shall be in accordance with the provisions of RSA 143:5-a.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

PART He-P 2307  EMPLOYEE HEALTH

 

          He-P 2307.01  Suspected or Confirmed Foodborne Disease.

 

          (a)  All suspected or confirmed foodborne illness outbreaks possibly occurring from food prepared or offered by a food establishment shall be reported to the department’s bureau of infectious disease control at 603-271-4496, or if at night or during weekends at 603-271-5300 within 24 hours.

 

          (b) Pursuant to RSA 141-C:9, II, during a suspected or confirmed foodborne disease outbreak, as determined by the department, all food employees in the implicated food establishment shall submit biological specimens upon department request.

 

          (c)  During a suspected or confirmed foodborne disease outbreak, as determined by the department, any food employee who has had any of the symptoms specified in Food Code subparagraph 2-201.11 (A)(1) within the previous 2 weeks shall be excluded from work until the appropriate biological specimens requested by the department under RSA 141-C:9, II, are submitted and found to be negative.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2307.02  Reporting by the Person in Charge. 

 

          (a)  The person in charge shall notify the department’s bureau of infectious disease control at 603-271-4496, or if at night or during weekends at 603-271-5300, of a food employee, or a person who applies for a job as a food employee, who is diagnosed with, or suspected of having, an illness or condition specified in Food Code subparagraph 2-201.11 (B), including:

 

(1)  Jaundice;

 

(2)  Norovirus;

 

(3)  Hepatitis A virus;

 

(4)  Shigella spp.;

 

(5)  Enterohemorrhagic or shiga toxin-producing Escherichia coli;

 

(6)  Salmonella Typhi; or

 

(7) Salmonella nontyphoidal.

 

          (b)  The person in charge shall report infectious and communicable disease as required by He-P 301, as applicable.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

PART He-P 2308  SPECIAL REQUIREMENTS FOR BED AND BREAKFAST FACILITIES

 

          He-P 2308.01  Application Requirements.  Food service establishments applying for a license as a bed and breakfast facility shall comply with all of the application requirements of He-P 2304.01, except that they shall not be required to submit a plan review application as required under He-P 2304.01(a)(5) and wastewater items as required under He-P 2304.01(a)(4) and He-P 2304.07.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2308.02  Basic Requirements.  A bed and breakfast facility shall comply with He-P 2302 through He-P 2307, however the following exceptions to the Food Code shall apply:

 

          (a)  Commercial equipment shall not be required;

 

          (b)  The kitchen shall be equipped with either:

 

(1)  A 2-compartment sink; or

 

(2)  A residential model dishmachine and a one-compartment sink;

 

          (c)  A sink used for food preparation shall not be required to be equipped with an indirect wasteline;

 

          (d)  A backflow device shall not be required for kitchen sinks provided with a spray hose;

 

          (e)  Coved base at the juncture of the floor and wall shall not be required;

 

          (f)  Only those bathrooms which open directly into the kitchen or into any hallway leading into the kitchen shall be required to have self-closing doors and mechanical ventilation;

 

          (g)  The kitchen shall not be required to be separated from any living area or sleeping area by complete partitioning or solid, self-closing doors; and

 

          (h)  Laundry facilities shall:

 

(1)  Be allowed in the kitchen; and

 

(2)  Not be used during processing, preparing, serving, or packaging of foods related to the business.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2308.03  Sanitization.  Dishes, utensils, and food contact equipment and surfaces shall undergo sanitization as required in Food Code 4-703.11, except that sanitization, if done in the 2 compartment sink, shall occur in the second compartment after the dishes, utensils, and food contact equipment have been rinsed with clean water.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

PART He-P 2309  SPECIAL REQUIREMENTS FOR FOOD PROCESSING PLANTS

 

          He-P 2309.01  Application Requirements.  A food service establishment applying for a license as a food processing plant shall:

 

          (a)  Comply with all of the application requirements described in He-P 2304.01;

 

          (b)  Submit with the application a list of all food products to be produced in the food processing plant;

 

          (c)  Submit a HACCP plan as part of the application as required by He-P 2304.13; and

 

          (d)  Submit a copy of a finished product label.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11; ss by #10867, eff 6-25-15; ss by #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2309.02  Basic Requirements.  Food processing plants shall:

 

          (a)  Provide an updated list of food products to the department whenever new products are added;

 

          (b)  If thermally processing and packaging low-acid foods in hermetically sealed containers, comply with applicable federal regulations under the Code of Federal Regulations in 21 CFR 113 and 21 CFR 117;

 

          (c)  If processing acidified foods, comply with applicable federal regulations under Code of Federal Regulations in 21 CFR 114 and 21 CFR 117; and

 

          (d)  Maintain production records and distribution records of all products produced.

 

Source.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2309.03  Food Processing Plant Standards.

 

          (a) Those food establishments licensed as food processing plants shall be exempt from the requirements of the Food Code and shall instead comply with the requirements in this section.

 

          (b)  All food shall be from an approved source, as follows:

 

(1)  “Approved source” means a source of food that has been inspected by a federal, state, or local agency that has the authority, responsibility, and the technical ability to evaluate food for safety in protection of public health;

 

(2)  Raw agricultural plant commodities and products under the oversight of New Hampshire department of agriculture under RSA 426, RSA 427, RSA 428, RSA 429, and RSA 434 that do not require inspection shall be considered to be from an approved source; and

 

(3)  Poultry that is exempt from federal inspection under the Poultry Products Inspection Act 21 USC 464(c)(4) shall not be considered to be from an approved Source.

 

          (c)  All food products shall be stored in original containers. If food products are removed from the original container, they shall be stored in labeled and closed containers. Containers shall be of a material that will not cause the food to become adulterated.

 

          (d)  All food shall be in sound condition, free from spoilage, filth, or other contamination, and shall be safe for human consumption.

 

          (e)  All TCS food shall be refrigerated at 41°F or lower, or held at 135°F or higher, to control bacterial growth.

 

          (f)  Food storage facilities shall be kept clean and located to protect food from unsanitary conditions or contamination from any source at all times.

 

          (g)  The floors, walls, ceilings, utensils, machinery, equipment, and supplies in the food preparation area and all vehicles used in the transportation of food shall be kept thoroughly clean.

 

          (h)  All food contact surfaces shall be kept clean and undergo sanitization as frequently as necessary to protect against the contamination of food.

 

          (i)  All food contact surfaces shall be non-toxic, easy to clean, smooth, nonabsorbent, and free of cracks or open seams.

 

          (j)  All food shall be protected against insects and rodents at all times. Outside doors, windows, and other openings shall be fitted with screens and self-closing doors, if not otherwise protected. No dogs, cats, or other pets shall be allowed in the room where food is prepared or stored.

 

          (k)  All garbage and refuse shall be kept in containers and removed from the premises regularly to prevent insects and rodents, offensive odors, or health or fire hazards. Garbage and refuse containers shall be durable, easy to clean, insect- and rodent-resistant, and of material that neither leaks nor absorbs liquid.

 

          (l)  Employees shall be free from contagious or communicable diseases, sores, or infected wounds, and shall keep their hair covered and restrained.

 

          (m)  Employees shall keep themselves and their clothing clean. Hands shall be washed as frequently as necessary to maintain good sanitation.

 

          (n)  Employees shall not smoke while handling or preparing food or in food preparation or storage areas.

 

          (o)  All establishments shall have an adequate supply of hot and cold potable water under pressure from an approved Source.

 

          (p)  All establishments shall have toilet facilities, which do not open directly into food processing areas, equipped with a hand washing lavatory, complete with hot and cold potable water under pressure and hand soap. A supply of sanitary towels or a hand-drying device providing heated air shall be conveniently located near the hand-washing facility.

 

          (q)  Hand sinks shall be conveniently located to all food processing areas.

 

          (r)  Adequate lighting shall be provided where food is stored, processed, or examined.

 

          (s)  Adequate ventilation shall be provided to eliminate objectionable odors and vapors, including steam, and constructed in such a manner as to avoid possible airborne contamination.

 

          (t)  Poisonous or toxic materials shall be stored so they cannot contaminate food, equipment, utensils, linens, and single-service, and single-use articles.

 

          (u)  Food processing plants shall comply with all provisions of the state plumbing code as included as part of the state building code defined in RSA 155-A:1, IV, as amended by the building code review board pursuant to RSA 155-A:10, V.

 

Source.   #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

          He-P 2309.04  Labeling of All Packaged Foods.  All packaged food shall bear a label showing:

 

          (a)  The common or usual name of the product;

 

          (b)  The name and address of the manufacturer’s, packer’s, or distributor’s business which shall:

 

(1)  In the case of an individual, partnership, or association be the name under which the business is conducted;

 

(2)  In the case of a corporation, be the name of the parent corporation; or

 

(3)  Where the food is not processed by the person whose name appears on the label, the name on the label shall be qualified by a phrase which reveals the connection such a person has with the food, including but not limited to, “Manufactured for _____”, “Distributed by _____”, or any other wording which expresses the facts;

 

          (c)  The ingredients in descending order of predominance by weight;

 

          (d)  The net weight, volume, or numerical count in both U.S. customary and metric; and

 

          (e)  A product code which includes date of manufacture, container size, and product lot or batch number to aid in a recall of product in case of a public health hazard.

 

Source.  #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

          He-P 2309.05  Recall Procedure.

 

          (a)  The food processing plant shall develop and maintain on file a written procedure for the recall of their product, including procedures for the notification of the department and consumers and the removal of the product from commerce.

 

          (b)  Production and distribution records shall be used to enable location of products if a recall is initiated.

 

          (c)  A food processing plant shall recall any product which the food processing plant or the department knows or has reason to believe might adversely affect the health and safety of the public.

 

          (d)  A food processing plant that knows that the standard of quality has been violated or has reason to believe that circumstances exist which might adversely affect the safety of the product shall notify the department within 24 hours of learning of the violation or circumstances.

 

          (e) Circumstances in (d) requiring notification shall include, but are not limited to, source contamination, spills, accidents, natural disasters, or breakdowns in treatment processes.

 

          (f)  If the department determines that the circumstances present an imminent health hazard and that consumer notification or product recall can significantly minimize the threat to health and safety of the public, the department shall advise the food processing plant to initiate a product recall.

 

          (g)  In cases of a product recall, the food processing plant shall disseminate notification of the recall to all wholesale and retail outlets to which the product was distributed.

 

          (h)  If directed by the department, the food processing plant shall issue notification to consumers who might be affected by the recall using such methods, including the media, as will assure timely notification to the consumers.

 

Source.  #9857-A, eff 2-1-11, EXPIRED: 2-1-19

 

New.  #12729, INTERIM, eff 2-21-19, EXPIRES: 8-20-19; ss by #12852, eff 8-20-19

 

PART He-P 2310  HOMESTEAD FOOD OPERATIONS EXEMPT FROM LICENSURE AND INSPECTION

 

          He-P 2310.01  Exempt Homestead Food Operations Requirements.

 

          (a)  Pursuant to RSA 143-A:5, VII, homestead food operations selling less than a maximum annual gross sales of $20,000 of food, excluding potentially hazardous food, from the homestead residence, at the owner’s farm stand, at farmers’ markets, or at retail food stores shall be exempt from licensure under this subdivision.

 

          (b)  Only the following food products shall be produced and sold from exempt homestead food operations:

 

(1)  Baked items, including, breads, rolls, muffins, cookies, brownies, and cakes;

 

(2)  Double-crusted fruit pies;

 

(3)  Candy and fudge;

 

(4)  Packaged dry products, which include spices and herbs;

 

(5)  Acid foods, including vinegars and mustards; and

 

(6)  Jams and jellies.

 

          (c)  Exempt homestead food operations shall not produce or sell potentially hazardous foods, including any food which requires refrigeration or processed acidified and low acid canned foods.

 

          (d)  All homestead food products made in an exempt homestead food operation shall be sold in packages with individual labels on each package containing the following information:

 

(1)  Name of the homestead food operation;

 

(2)  Address of the homestead food operation;

 

(3)  Phone number of the homestead food operation;

 

(4)  Name of the homestead food product;

 

(5)  All ingredients of the homestead food product in descending order of predominance by weight;

 

(6)  The name of each major food allergen contained in the homestead food product unless it is already part of the common or usual name of the respective ingredient already disclosed in the ingredient statement in (5) above;

 

(7)  The following statement:  “This product is exempt from New Hampshire licensing and inspection” in at least the equivalent of 10 point font and a color that provides a clear contrast to the background; and

 

(8)  A product code which identifies the product with a batch number, or a date of manufacture to aid in a recall of the product in case of an imminent health hazard.

 

(e)  Exempt homestead food operations shall follow the standards for non-exempt homestead operations as stated in He-P 2311.06. 

 

Source. #2802, eff 8-8-84; ss by #5051, eff 1-22-91; EXPIRED 1-22-97

 

New.  #6503, Interim, eff 4-25-97; EXPIRED 8-23-97

 

New.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11; ss by #10199-A, eff 10-12-12; ss by #10867, eff 6-25-15; amd by #10956, eff 10-22-15; ss by #12852, eff 8-20-10

 

PART He-P 2311  NON-EXEMPT HOMESTEAD FOOD OPERATIONS

 

          He-P 2311.01  Application Requirements.

 

          (a)  Non-exempt homestead food operations shall apply for a Class H food service license.

 

          (b)  Non-exempt homestead food operations applying for a Class H license shall comply with all of the application requirements of He-P 2304.01 except that:

 

(1)  They shall not be required to submit the plan review application required under He-P 2304.01(a)(5) and wastewater items required under He-P 2304.01(a)(4) and He-P 2304.07;

 

(2)  They shall submit process review documentation in accordance with He-P 2311.03, as applicable; and

 

(3)  They shall also submit the following:

 

a.  A copy of one finished product label which meets the requirements of He-P 2311.04 below; and

 

b.  A list of all products to be manufactured.

 

Source.  #2802, eff 8-8-84; ss by #5051, eff 1-22-91; EXPIRED 1-22-97

 

New.  #6503, Interim, eff 4-25-97; EXPIRED 8-23-97

 

New.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11; ss by #10199-A, eff 10-12-12; ss by #10867, eff 6-25-15; ss by #12852, eff 8-20-10

 

          He-P 2311.02  Approved Products.  Only the following food products shall be produced and sold from a non-exempt homestead food operations:

 

          (a)  Baked items, including, breads, rolls, muffins, cookies, brownies, and cakes;

 

          (b)  Double-crusted fruit pies;

 

          (c)  Candy and fudge;

 

          (d)  Packaged dry products, which include= spices and herbs;

 

          (e)  Acid foods, including vinegars and mustards; and

 

          (f)  Jams and jellies.

 

Source.  #2802, eff 8-8-84; ss by #5051, eff 1-22-91; EXPIRED 1-22-97

 

New.  #6503, Interim, eff 4-25-97; EXPIRED 8-23-97

 

New.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11; ss by #10199-A, eff 10-12-12; ss by #12852, eff 8-20-10

 

          He-P 2311.03  Prohibited Products.  Non-exempt homestead food operations shall not produce or sell potentially hazardous foods, including any food which requires refrigeration or processed acidified and low acid canned foods.

 

Source.  #2802, eff 8-8-84; ss by #5051, eff 1-22-91; EXPIRED 1-22-97

 

New.  #6503, Interim, eff 4-25-97; EXPIRED 8-23-97

 

New.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11; ss by #10199-A, eff 10-12-12; ss by #12852, eff 8-20-10

 

          He-P 2311.04  Labeling Requirements. All homestead food products made in a non-exempt homestead food operation shall be sold in packages with individual labels on each package containing the following information:

 

          (a)  Name of the homestead food operation;

 

          (b)  Address of the homestead food operation;

 

          (c)  Phone number of the homestead food operation;

 

          (d)  Name of the homestead food product;

 

          (e)  All ingredients of the homestead food product in descending order of predominance by weight;

 

          (f)  The net weight, volume, or numerical count in both US customary and metric;

 

          (g)  The name of each major food allergen contained in the homestead food product unless it is already part of the common or usual name of the respective ingredient already disclosed in the ingredient statement in (e) above;

 

          (h)  The following statement: “This product is made in a residential kitchen licensed by NH DHHS” in at least the equivalent of 10 point font and a color that provides a clear contrast to the background; and

 

          (i)  A product code which includes date of manufacture, container size and product lot or batch number to aid in a recall of product in the case of an imminent health hazard.

 

Source.  #2802, eff 8-8-84; ss by #5051, eff 1-22-91; EXPIRED 1-22-97

 

New.  #6503, Interim, eff 4-25-97; EXPIRED 8-23-97

 

New.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11; ss by #10199-A, eff 10-12-12; ss by #10867, eff 6-25-15; ss by #12852, eff 8-20-10

 

          He-P 2311.05  Process Review Required.

 

          (a)  Non-exempt homestead food operations which are licensed and produce homestead food products listed in He-P 2311.02(f) that do not use recipes approved by the National Center for Home Food Preservation shall comply with the following:

 

(1)  A process review shall be conducted by a food processing authority on each product prior to its being produced by the license holder. If the food processing authority declares in writing that there are no biological concerns with the food after evaluating the scheduled process, the food shall be allowed to be produced;

 

(2)  License holders shall keep records of all pHs on file and available for review by the regulatory authority upon request;

 

(3)  A process review shall be conducted for a product that has been previously tested if the ingredients are altered or the process changes;

 

(4)  License applicants shall submit process review documentation with the license application in accordance to He-P 2311.01; and

 

(5)  License holders shall keep all process review information on file and available for review by the regulatory authority upon request.

 

          (b)  A list of food processing authorities described in (a)(1) above and a list of recipes approved by the National Center for Home Food Preservation, described in (a) above, or a website link to the same, shall be available on the department’s website at https://www.dhhs.nh.gov/dphs/fp/documents/processing-faqs.pdf.

 

Source.  #2802, eff 8-8-84; ss by #5051, eff 1-22-91; EXPIRED 1-22-97

 

New.  #6503, Interim, eff 4-25-97; EXPIRED 8-23-97

 

New.  #6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11; ss by #10199-A, eff 10-12-12; ss by #12852, eff 8-20-10

 

          He-P 2311.06  Non-Exempt Homestead Standards.

 

          (a)  Non-exempt homestead food operations shall be exempt from the requirements of the Food Code, and shall instead comply with the requirements of He-P 2309.03 and the requirements in this section.

 

          (b)  Commercial equipment shall not be required.

 

          (c)  The kitchen shall be equipped with either:

(1)  A 2-compartment sink; or

 

(2)  A residential model dishmachine and a one-compartment sink.

 

          (d)  A sink used for food preparation shall not be required to be equipped with an indirect wasteline.

 

          (e)  A backflow device shall not be required for kitchen sinks provided with a spray hose.

 

          (f)  Coved base at the juncture of the floor and wall shall not be required.

 

          (g)  Only those bathrooms which open directly into the kitchen or into any hallway leading into the kitchen shall be required to have self-closing doors and mechanical ventilation.

 

          (h)  The kitchen shall not be required to be separated from any living area or sleeping area by complete partitioning or solid, self-closing doors.

 

          (i)  Laundry facilities shall:

 

(1)  Be allowed in the kitchen; and

 

(2)  Not be used during processing, preparing, serving, or packaging of foods related to the business.

 

Source.  #9857-A, eff 2-1-11; ss by #10199-A, eff 10-12-12; ss by #12852, eff 8-20-10

 

PART He-P 2312  POULTRY PRODUCERS AND RABBIT PRODUCERS SELLING POULTRY AND RABBITS TO RESTAURANTS LICENSED UNDER RSA 143-A

 

REVISION NOTE:

 

            Document #12852, effective 8-20-19, readopted, readopted with amendment, or repealed existing rules in Chapter He-P 2300.  The rules repealed were Part He-P 2312 titled “Out of State Food Producers in Residential, Non-Commercial Kitchens”, containing He-P 2312.01 titled “Registration of Out-of-State Producers in Residential, Non-Commercial Kitchens.”  Document #12852 also readopted with amendment and renumbered Part He-P 2313 and Part He-P 2314 as Part He-P 2312 and Part He-P 2313, respectively.

 

Document #12852 replaces all prior filings affecting the rules in Chapter He-P 2300.  The prior filings affecting the repealed Part He-P 2312 included the following documents:

 

            #2802, effective 8-8-84, EXPIRED 8-8-90

            #5051, effective 1-22-91, EXPIRED 1-22-97

            #6503, INTERIM, effective 4-25-97, EXPIRED 8-23-97

            #6722, effective 3-27-98

            #7893, effective 5-21-03

            #9857-A, effective 2-1-11, EXPIRED 2-1-19

            #9857-B, effective 2-1-11

            #10867, effective 6-25-15

 

          He-P 2312.01  Requirements for Poultry Producers and Rabbit Producers to Sell to Restaurants Licensed Under RSA 143-A.  Poultry producers and rabbit producers who are exempt from food service licensure under RSA 143-A:5, VIII, but who sell to restaurants licensed under RSA 143-A shall:

 

          (a)  Register with the NH department of agriculture, markets, and food pursuant to RSA 143-A:16, I(b);

 

          (b)  Complete an education course meeting the requirements of He-P 2312.02 at a minimum of every 5 years;

 

          (c)  Maintain production records showing that no more than 20,000 whole poultry or 1,000 rabbits are offered to restaurants within a calendar year;

 

          (d)  Label each poultry and rabbit with the following information:

 

(1)  The name of the producer;

 

(2)  The address of the producer;

 

(3)  The date of slaughter of the poultry or rabbit; and

 

(4)  Safe handling instructions as stated in the Food Code Section 3-201.11(F); and

 

          (e)  Provide information to the department during an investigation of a foodborne illness outbreak linked to any poultry or rabbits supplied by the producer.

 

          (f)  Prior to selling poultry or rabbit to restaurants, poultry and rabbit producers who are exempt and meet the requirements of this section shall obtain documentation from the NH department of agriculture, markets, and food that shows:

 

(1)  Registration with NH department of agriculture, markets, and food; and

 

(2)  Completion of the education course as set forth in He-P 2312.02 below.

 

          (g)  Documentation obtained in (f) shall be presented to any licensed restaurant to demonstrate that the producer has met the requirements of RSA 143-A:16, RSA 143-A:17 and these rules.

 

Source. #10867, eff 6-25-15; ss by #12852, eff 8-20-19 (formerly He-P 2313.01) (See Revision Note at part heading for He-P 2312)

 

          He-P 2312.02  Education Requirements for Poultry Producers and Rabbit Producers Exempt from Food Service Licensure.

 

          (a)  Producers shall complete department approved training, offered by UNH Cooperative Extension or another training program which includes training in required slaughtering, processing, packaging, handling, labeling, transportation practices, and any other specific requirements for producers set forth in RSA 143-A:14-16.

 

          (b)  Producers shall complete the training in (a) above every 5 years.

 

          (c)  A producer shall provide proof of successful completion of the required training to the department of agriculture, markets and food with its registration.

 

          (d)  At a minimum, one individual involved in the producer’s operations shall obtain the required training.

 

          (e)  The producer shall maintain records of the completed training.

 

Source. #10867, eff 6-25-15; ss by #12852, eff 8-20-19 (formerly He-P 2313.02) (See Revision Note at part heading for He-P 2312)

 

PART He-P 2313  REQUIREMENTS FOR RESTAURANTS LICENSED TO SELL RABBIT OR POULTRY EXEMPT FROM INSPECTION

 

          He-P 2313.01  Requirements for Restaurants Licensed Under RSA 143-A to Sell Rabbit or Poultry That are Exempt from Inspection Pursuant to RSA 143-A:15.

 

          (a)  Restaurants shall only offer uninspected poultry or rabbits from poultry producers or rabbit producers that meet the requirements of He-P 2312.

 

          (b)  Restaurants shall maintain receipts of purchase of uninspected poultry or uninspected rabbits for 90 days, which include the following information:

 

(1)  The date of purchase;

 

(2)  The name of the poultry producer or rabbit producer;

 

(3)  The address of the producer; and

 

(4)  The phone number of the producer.

 

          (c)  The restaurant shall label any menu item containing uninspected poultry or uninspected rabbits in font at least 10 point, and in a color that provides clear contrast to the background, and which states the following: “This product has been raised and processed on a New Hampshire farm and is exempt from state and federal inspection.”

 

Source.  #10867, eff 6-25-15; ss by #12852, eff 8-20-10 (formerly He-P 2314.01) (See Revision Note at part heading for He-P 2312)

 

PART He-P 2314   REQUIREMENTS FOR WILD MUSHROOM INDENTIFIERS, HARVESTERS AND DISTRIBUTORS OF WILD MUSHROOMS TO FOOD ESTABLISHMENTS OR PRIVATE INDIVIDUALS AS FOOD

 

He-P 2314.01  Initial and Renewal Application Requirements. 

 

(a)  A person applying for a license to harvest, identify, or distribute tier 1 mushrooms shall complete and submit to the department an “Application for License for Wild Mushroom Harvesters, Identifiers, and Distributors” (June 2022) and the following:

 

(1)  Proof of successful completion of an education course on tier 1 mushrooms as described in He-P 2314.03,  meeting the requirements of He-P 2314.02; and

 

(2) A $75 licensing fee by check, money order, or online payment by credit card at www.dhhs.nh.gov .

 

(b)  A person applying for a license to harvest, identify, or distribute tier 2 mushrooms shall complete and submit to the department an “Application for License for Wild Mushroom Harvesters, Identifiers, and Distributors” (June 2022) and the following:

 

(1)  Proof of successful completion of an education course on tier 2 mushrooms as described in He-P 2314.03,  meeting the requirements of He-P 2314.02; and

 

(2) A $75 licensing fee by check, money order, or online payment by credit card at www.dhhs.nh.gov .

 

(c) Upon receipt of a completed application, the department shall issue a tier specific license.

 

(d)  A licensee shall only identify, harvest, or distribute mushrooms from the tier list corresponding to the tier license they hold, except a tier 2 licensee who may also identify, harvest, and/or distribute mushrooms from the tier 1 list.

 

(e)  A license shall be valid for 5 years from the date of issuance.

 

(f) A licensee shall renew their license by submitting to the department at least 30 days prior to their current license expiration:

 

(1) A completed renewal application, provided by the department for the purpose of updating any contact information;

 

(2) Proof of completion of an on-line renewal course as described in He-P 2314.02(b); and

 

(3) A $30 renewal fee.

Source.  #13428, eff 8-5-22

 

He-P 2314.02  Education Requirements for Wild Mushroom Harvester, Identifiers, Distributors.

 

(a)  The education course to satisfy the application requirements in He-P 2314.01(a) and (b) for a wild harvested mushroom license shall include the following:

 

(1)  Identification of mushrooms of tier 1 mushrooms as described in He-P 2314.03;

 

(2)  Identification of mushrooms of tier 2 mushrooms as described in He-P 2314.04 for those applicants seeking a tier 2 mushroom license;

 

(3)  Appropriate locations from which to harvest mushrooms;

 

(4)  The safe handling and storage of mushrooms;

 

(5)  Record keeping requirements and ethics of harvesting;

 

(6)  No less than 12 hours of in-person instruction with a mandatory online preparation module developed by the course instructor to include the basics of harvesting and handling of wild mushrooms, accompanied photos of mushrooms listed in He-P 2314.03 and He-P 2314.04, and any other specific requirements for producers set forth in RSA 143-A:21-28 or at least 4 hours with documentation from the course provider for abbreviated course; and

 

(7)  A certificate issued to a student indicating successful completion of the course which shall specify the tier of mushrooms the student has demonstrated proficiency in identifying.

 

         (b) The online refresher education course to satisfy the application requirement He-P 2314.01(g) to renew a wild harvested mushroom license shall include a review of the following topics:

 

(1)  Identification of mushrooms;

 

(2)  Appropriate locations from which to harvest mushrooms;

 

(3)  The safe handling and storage of mushrooms;

 

(4) Record keeping requirements and ethics of harvesting;

 

(5) A certificate issued to a student indicating successful completion of the course.

 

         (c) An applicant shall provide proof of successful completion of the required training to the department with license application.  Successful completion includes passing a standardized test provided by the course instructor, on course material with a score of at least 70 percent.

 

         (d) Course instructors shall hold a bachelor’s degree in mycology or provide to the department proof of one year of documented instruction of course material with at least 2 references, one character and one professional.

 

Source.  #13428, eff 8-5-22

 

He-P 2314. 03  List of Tier 1 Wild Harvested Mushrooms.  Tier 1 mushrooms shall include:

 

         (a)  Morel (Morchella spp. - M. americana Clowez & Matherly, M. angusticeps Pk., M. elata

Fr., M. punctipes Pk);

 

         (b) Chanterelle (Cantharellus spp. - Cantharellus cinnabarinus (Schwein.) Schwein. C. flavus

Foltz & Volk, C. lateritius (Berk.) Singer, C. minor Pk., C. roseocanus (Redhead, Norvell & Danell) Redhead, Norvell & Moncalvo);

 

         (c)  Black Trumpet (Craterellus cornucopioides (L.) Pers., C. fallax A.H. Smith);

 

         (d) Lion’s Mane, Bears Head, or Coral Tooth (Hericium spp. - H. americanum Ginns, H. coralloides (Scop.) Pers., H. erinaceus (Bull.) Pers.);

 

         (e) Oyster Mushroom (Pleurotus spp. - Pleurotus ostreatus (Jacq.) Kumm., P. populinus O. Hilber & O.K. Miller, P. pulmonarius (Fr.) Quel.);

 

         (f) King Bolete, Porcini, Cep, Steinpilz (Boletus edulis group (B. edulis Bull., B. atkinsonii Pk., B. chippewaensis A.H. Smith & Thiers, B. nobilis Pk., B. seperans Pk., B. subcaerulescens (E.A. Dick & Snell) Both, Bessette & A.R. Bessette, B. variipes Pk.);

         

         (g) Matsutake (Tricholoma magnivelare (Pk.) Redhead);

 

         (h)  Hen-of-the-Woods (Grifola frondosa (Dickson) Gray);

 

         (i)  Wine Cap (Stropharia rugosoannulata Farl. ex Murrill);

 

         (j)  Cauliflower Mushroom (Sparassis spp. –S. spathulata (Schwein.) Fr., S. americana R.H. Petersen); and

 

         (k)  Lobster Mushroom (Hypomyces lactifluorum (Schwein.) Tulasne & C. Tulasne).

 

Source.  #13428, eff 8-5-22

 

He-P 2314. 04  List of Tier 2 Wild Harvested Mushrooms. Tier 2 mushrooms shall include:

 

         (a)  Caesar's Amanita (Amanita jacksonii Pomerleau);

 

         (b)  Pear-shaped Puffball (Lycoperdon pyriforme Schaeff);

 

         (c) Crown-tipped Coral (Artomyces pyxidatus (Pers.) Julich);

 

         (d)  Russell's Bolete (Aureoboletus russellii (Frost) G.Wu & Zhu L. Yang);

 

         (e)  Jelly Ear (Auricularia americana Parmasto & I.Parmasto);

 

         (f)  Pallid Bolete (Boletus pallidus Frost);

 

         (g)  Butter Bolete (Butyriboletus brunneus (Pk.) D. Arora & J. L. Frank);

 

         (h)  Frost's Bolete (Butyriboletus frostii (J.L.Russell) G.Wu, Kuan Zhao & Zhu L. Yang);

 

         (i)  Pheasant's Back or Dryad’s Saddle (Polyporus (Cerioporus) squamosus (Huds.) Fr.);

 

         (j)  Blewit (Lepista nuda (Bull.) Cooke);

 

         (k)  Shaggy Mane (Coprinus comatus (O.F. Muller) Pers);

 

         (l)  Trumpet Chanterelle (Craterellus spp. Pers. Craterellus caeruleofuscus A.H. Smith, Craterellus foetidus A.H. Smith, Craterellus ignicolor (R.H. Petersen, Dahlman, Danell & Spatafora, Craterellus tubaeformis (Fr.) Quel.);

 

         (m)  Aborted Entoloma (Entoloma abortivum (Berk. & M.A. Curtis) Donk);

 

         (n)  Beefsteak Polypore (Fistulina hepatica (Schaeff.) Wither;

 

         (o)  Enoki or Winter Mushroom (Flammulina velutipes (Curt.) Sing);

 

         (p)  Chestnut Bolete (Gyroporus castaneus (Bull.) Quel.);

 

         (q)  Bluing Bolete (Gyroporus cyanescens (Bull.) Quel.);

 

         (r) Chrome-footed Bolete (Harrya chromapes (Frost) Halling, Nuhn, Osmundson, & M. Binder);

 

         (s)  Yellow Scaber-stalk (Hemileccinum subglabripes (Pk.) Halling);

 

         (t)  White Hedgehog (Hydnum albidum Pk. group (subgenus Alba));

 

         (u)  Sweet Tooth (Hydnum repandum L. group (subgenus Hydnum));

 

         (v)  Depressed Hedgehog (Hydnum umbilicatum Pk. group (subgenus Rufescentia));

 

         (w) Conifer Tuft (Hypholoma capnoides (Fr.) P. Kumm.);

 

         (x)  Brick Cap (Hypholoma lateritium (Schaeff.) P. Kumm.);

 

         (y) Elm Oyster (Hypsizygus ulmarius (Bull.) Redhead);

 

         (z)  Elm Oyster (Hypsizygus tesselatus (Bull.) Sing.);

 

         (aa) Bay Bolete (Imleria badia (Fr.) Vizzini);

 

         (ab) Purple-gilled Laccaria (Laccaria ochropurpurea (Berk.) Pk.);

 

         (ac)  Maple Milkcap or Burnt-sugar Milky (Lactarius aquifluus Pk. (= L. helvus (Fr.) Fr.));

 

         (ad) Corrugated-cap Milky (Lactarius corrugis (Pk.));

 

         (ae)  False saffron Milkcap or Orange-latex Milky (Lactarius deterrimus (Groger));

 

         (af)  Orange Milky (Lactarius hygrophoroides Berk. & M.A. Curtis);

 

         (ag)  Tawny or Voluminous Milky (Lactarius volemus (Fr.) Fr.);

 

         (ah)  Chicken-of-the-Woods or Sulphur Shelf (Laetiporus cincinnatus (Morgan) Birds., Banik & T.J.Volk, Laetiporus sulphureus (Bull.) Murrill);

 

         (ai) Gem-studded Puffball (Lycoperdon perlatum Pers.);

 

         (aj)  Platterful Mushroom (Megacollybia rodmanii Petersen, Hughes, & Lickey);

 

         (ak) Black-staining Polypore (Meripilus sumstinei (Murrill) M.J. Larsen & Lombard);

 

         (al)  Olive Oysterling (Sarcomyxa serotina (Pers.) V. Papp (= Panellus serotinus (Pers.) P. Kumm.));

 

         (am) Old Man of the Woods (Strobilomyces Berk. spp.);

 

         (an) Dotted-stalk Suillus (Suillus weaverae (A.H. Smith & Shaffer) Kretzer & T.D. Bruns (= granulatus (L.) Rouss.)); and

 

         (ao) Spotted Bolete (Xanthoconium affine var. affine Pk. and var. maculosus (Pk.) Sing).

 

Source.  #13428, eff 8-5-22

 

PART 2315 through He-P 2331  RESERVED

 

PART He-P 2332  REQUIREMENTS RELATIVE TO CERTIFICATION OF FOOD PROTECTION EMPLOYEES

 

Source.  #7893, eff 5-21-03, rpld by #8034, eff 2-7-04

 

PART He-P 2350  NEW HAMPSHIRE COLD STORAGE RULES

 

Statutory Authority:  RSA 145

 

          He-P 2350.01 - 2350.04

 

Source.  #8659, eff 6-14-06, EXPIRED: 6-14-14

 

          He-P 2350.05  Fees.

 

          (a)  The fee for a cold storage license shall be $350.

 

          (b)  All fees paid shall be:

 

(1)  Nontransferable; and

 

(2)  Nonrefundable.

 

          (c)  Any instrument of payment returned to the state shall be processed in accordance with RSA 6:11-a.

 

Source.  #8659, eff 6-14-06; ss by #9589, eff 11-5-09, EXPIRED: 11-5-17

 

          He-P 2350.06 - 2350.22  Procedure for Administrative Fines.

 

Source.  #8659, eff 6-14-06, EXPIRED: 6-14-14

 

          He-P 2350.23  Schedule of Fines.

 

Source.  #8659, eff 6-14-06 ss by #9589, eff 11-5-09, EXPIRED: 11-5-17

 

          He-P 2350.24  - 2350.27  Sanitary Provisions.

 

Source.  #8659, eff 6-14-06, EXPIRED: 6-14-14

APPENDIX A:  Incorporation by Reference Information

 

Rule

Title

Publisher; How to Obtain; and Cost

He-P 2303.01

FDA Food Code 2017

U.S. Department of Health

and Human Services

 Public Health Service,

Food and Drug Administration Food Code 2017 edition

as amended by the rule.

Publisher: United States Department of Commerce

National Technical Information Service

5301 Shawnee Road

Alexandria, VA 22312

(refer to report number PB2009112613).

Cost: $75.00.

A PDF formatted copy is available free to the public on the web at: https://www.fda.gov/downloads/Food/GuidanceRegulation/
RetailFoodProtection/FoodCode/UCM595140.pdf.

 

APPENDIX B

 

Rule

Specific State Statute which the Rule Implements

He-P 2301.01

RSA 143-A; RSA 143-A:3; RSA 143-A:12; and RSA 143-A:13

He-P 2302.01

RSA 143-A:4; RSA 143-A:5; RSA 143-A:12, II

He-P 2303.02

RSA 143-A:9, V

He-P 2303.03

RSA 143-A:9, V

He-P 2303.01

RSA 143-A:9, V

He-P 2303.02

RSA 143-A:9, V

He-P 2304.01

RSA 143-A:6, I and V

He-P 2304.01(a)

RSA 143-A:6, I and V

He-P 2304.01(a)(1)

RSA 143-A:6, I

He-P 2304.02

RSA 143-A:4, II; RSA 143-A:6, I-V

He-P 2304.03

RSA 143-A:6, I-V

He-P 2304.04

RSA 143-A:9, I; RSA 143-A:12, II

He-P 2304.05

RSA 143-A:6, V; RSA 143-A:9, I-a; RSA 143-A:13, V

He-P 2304.06

RSA 143:3; RSA 143-A:9, V

He-P 2304.07

RSA 143:3; RSA 143-A:9, V; RSA 485-A:29

He-P 2304.08

RSA 143-A:6; RSA 143-A:9, V

He-P 2304.09

RSA 143-A:6; RSA 143-A:9, V

He-P 2304.10

RSA 143-A:6; RSA 143-A:9, V

He-P 2304.11

RSA 143-A:6; RSA 143-A:9, V

He-P 2304.12

RSA 143-A:9, V

He-P 2304.13

RSA 143-A:9, V

He-P 2304.14

RSA 143-A:9, VI

He P 2304.15

RSA 143-A:9, V

He-P 2305.01

RSA 143:4;  RSA 143-A:6

He-P 2305.02

RSA 143:7-a; RSA 143-A:10-a

He-P 2305.03

RSA 143:4;  RSA 143-A:6

He-P 2306.01

RSA 143:5-a; RSA 143-A:6; RSA 143-A:7; RSA 143-A:9-a, I

He-P 2306.02

RSA 143:7-a; RSA 143-A:10-a

He-P 2306.03

RSA 143-A:6; RSA 143-A:7; RSA 143-A:9-a, I

He-P 2306.04

RSA 143-A:9, IV-c

He-P 2306.05

RSA 143-A:4; RSA 143-A:6; RSA 143-A:11

He-P 2306.06

RSA 143:5-a; RSA 143-A:9, V

He-P 2307.01

RSA 141-C:9, II; RSA 143:5

He-P 2307.02

RSA 141-C:6, III

He-P 2308.01 – He-P 2308.03

RSA 143-A:9, V

He-P 2309.01 – He-P 2309.05

RSA 143-A:9, V

He-P 2310.01

RSA 143-A:12-13

He-P 2311.01 – He-P 2311.06

RSA 143-A:12-13

He-P 2312

RSA 143-A:14-16

He-P 2313

RSA 143-A:14-16

He-P 2314.01

RSA 143-A:28 VI.

He-P 2314.02

RSA 143-A:28 I:III

He-P 2314.03

RSA 143-A:28 IV

He-P 2314.04

RSA 143-A:28 V.