reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:14 - Procedure.

143:14 Procedure. –
Before revoking or canceling any license or registration the commissioner of the department of health and human services shall give written notice, stating that he contemplates such action and giving his reasons therefor. Said notice shall appoint a time of hearing and shall be sent by registered mail. On the day of the hearing the party concerned may present such evidence as he deems fit.
Source.
1925, 107:4. PL 137:13. RL 162:16. RSA 143:14. 1995, 310:182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:15 - Effect of Revocation, Etc.

143:15 Effect of Revocation, Etc. –
Any person, firm or corporation whose license has been suspended or revoked, or for whom a renewal therefor has been denied, shall discontinue the manufacture and sale within the state of the products concerned. The sale of the products of any manufacturer or bottler not licensed or registered as herein provided shall constitute a violation of this subdivision.
Source.
1925, 107:4. PL 137:14. RL 162:17.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:16 - Container Sterilization and Sanitation; Water Source.

143:16 Container Sterilization and Sanitation;  Water Source. –
All containers used in the manufacture of beverages, other than cider manufacturers regulated by the department of agriculture, shall be cleaned and sterilized in such manner as may be provided in the rules adopted under this chapter. All materials used in the manufacture of beverages shall be pure and wholesome and shall be stored, handled, transported, and kept in such manner as to protect them from spoilage, contamination, and unwholesomeness. Manufacturers of bottled water shall only utilize a source of water for which a permit has been issued by the department of environmental services in accordance with RSA 485:3, XI. All products shall comply as to composition, labeling, conditions of manufacture, transportation, storage, handling, and sale with existent statutory provisions relating thereto and with rules adopted under this chapter.
Source.
1925, 107:5. PL 137:15. RL 162:18. RSA 143:16. 1985, 190:75. 1997, 155:3. 1999, 307:7, eff. Sept. 14, 1999.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:17 - Penalty for Violating Requirements.

143:17 Penalty for Violating Requirements. –
Whoever violates any provision of this subdivision, or any rule or regulation lawfully made hereunder, shall be guilty of a misdemeanor.
Source.
1925, 107:7. PL 137:16. RL 162:19. RSA 143:17. 1973, 528:51, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:18 - Forfeiture of Unregistered Products.

143:18 Forfeiture of Unregistered Products. –
Any beverage or beverage concentrate sold, kept or offered for sale without having been registered as herein provided may be forfeited.
Source.
1933, 13:3. RL 162:20.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:19 - Enforcement of Requirements.

143:19 Enforcement of Requirements. –
The department of health and human services and local boards of health shall be charged with the enforcement hereof.
Source.
1927, 97:5. RL 162:25. RSA 143:19. 1983, 291:1, I. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:19-a - Exemption.

143:19-a Exemption. –
The provisions of this subdivision shall not apply to persons, firms, and corporations duly licensed under the provisions of the milk sanitation code, RSA 184:79-102.
Source.
1963, 289:3, eff. July 1, 1963.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:20 - Definition.

143:20 Definition. –
The term "shellfish," as used in this subdivision, means all fresh or frozen edible species of oysters, clams or mussels, either shucked or in the shell, or scallops in any form, except when the final product form is the adductor muscle only.
Source.
1951, 25:3, par. 26. RSA 143:20. 1965, 213:1, eff. Aug. 29, 1965. 2005, 229:2, eff. Sept. 9, 2005.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:21 - Forbidden Harvesting.

143:21 Forbidden Harvesting. –
No shellfish shall be harvested in New Hampshire for food unless taken from areas approved by the commissioner of the department of environmental services. If taken from out-of-state sources, shellfish harvested for food shall be taken from areas approved by the appropriate state regulatory shellfish authorities having jurisdiction, and secured from shellfish dealers currently listed on the United States Public Health Service publication of approved shellfish shippers.
Source.
1951, 25:3, par. 27. RSA 143:21. 1995, 310:182. 1997, 126:1. 1999, 112:1, eff. Aug. 9, 1999.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:21-a - State Shellfish Sanitation Control Authorities.

143:21-a State Shellfish Sanitation Control Authorities. –
The department of health and human services shall serve as the state shellfish sanitation control authority for the commercial sale and processing of shellfish. The department of environmental services shall serve as the state shellfish sanitation control authority for the determination of areas where shellfish may be harvested.
Source.
1997, 126:2. 1999, 112:1, eff. Aug. 9, 1999.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:22 - Certificate Required; Labeling; Records.

143:22 Certificate Required;  Labeling;  Records. –
No person or facility shall process or pack shellfish either shucked or in the shell until a certificate has been granted by the department of health and human services. A certificate shall be issued to any facility which has complied with the rules of the commissioner of the department of health and human services relative thereto. All certificates issued under this section shall expire on March 31 next following the date of issuance. All containers of shellfish shall bear identification in accordance with rules adopted by the commissioner of the department of health and human services. An accurate daily record shall be kept by all certified facilities listing the name and location of the dealer, the date and time of the activity that the record reflects, the signature or initials of the person performing the operation, and the identity of the product and the production code. Processing and other information shall be entered on records at the time that it is observed. All records shall be retained at the facility for at least one year after the date the records were prepared in the case of refrigerated products and for at least 2 years after the date the records were prepared in the case of frozen products. Records that relate to the general adequacy of equipment or processes being used by a processor, including the results of scientific studies and evaluations shall be retained at the facility for at least 2 years after their applicability to the product being produced at the facility. All records shall be open to inspection by agents of the department at any time.
Source.
1951, 25:3, par. 28. RSA 143:22. 1983, 291:1, I. 1985, 190:76. 1995, 310:175, 181, 182, eff. Nov. 1, 1995. 2015, 103:1, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:22-a - Shellfish Certificate Fees.

143:22-a Shellfish Certificate Fees. –
The commissioner of the department of health and human services shall prescribe and collect fees for certificates for establishments which process or pack shellfish. Such fees shall be in accordance with rules adopted under RSA 541-A. All fees collected under this subdivision shall be forwarded to the state treasurer to be deposited in the public health services special fund established in RSA 143:11. The department of health and human services shall use such funds to pay expenses of the department incident to the administration of this subdivision.
Source.
1995, 308:22, eff. July 3, 1995; 310:182, eff. Nov. 1, 1995. 2021, 122:37, eff. July 9, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:23 - Revocation of Certificate.

143:23 Revocation of Certificate. –
In case any shellfish establishment shall be deemed by the commissioner of the department of health and human services to be conducted in an unsanitary manner, or there shall be any practice deemed in violation of any law, or of any legally adopted regulation of the commissioner, it shall be the duty of the commissioner to notify the establishment concerned, and in case the required changes in conditions, methods or branding are not effected within the time specified, to close such establishment, or to suspend, revoke or cancel the certificate as the commissioner may deem expedient.
Source.
1951, 25:3, par. 29. RSA 143:23. 1995, 310:182, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:24 - Procedure.

143:24 Procedure. –
Before revoking or canceling any shellfish certificate, the commissioner of the department of health and human services shall give written notice stating that he contemplates such action, giving his reasons therefor. Said notice shall appoint a time of hearing and shall be sent by registered mail. On the day of hearing the party concerned may present such evidence as he deems fit.
Source.
1951, 25:3, par. 30. RSA 143:24. 1995, 310:182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:25 - Effect of Revocation.

143:25 Effect of Revocation. –
Any person, firm or corporation whose certificate has been suspended or revoked, or for whom a renewal has been denied, shall discontinue the processing and sale of shellfish. The sale or processing of shellfish from a non-certified establishment shall constitute a violation of this subdivision.
Source.
1951, 25:3, par. 31, eff. Mar. 15, 1951.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:26 - Regulations.

143:26 Regulations. –
The commissioner of the department of health and human services and the commissioner of the department of environmental services are empowered to make all necessary regulations for the proper enforcement of the respective duties of each agency under this subdivision.
Source.
1951, 25:3, par. 32. RSA 143:26. 1995, 310:182. 1999, 112:2, eff. Aug. 9, 1999.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143 - Sanitary Production and Distribution of Food › Section 143:27 - Penalty.

143:27 Penalty. –
Whoever violates any provision of this subdivision, or regulations made under authority of the preceding RSA 143:26, shall be guilty of a misdemeanor.
Source.
1951, 25:3, par. 33. RSA 143:27. 1973, 528:52, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:2 - Purpose.

143-A:2 Purpose. –
The purpose of this chapter is to ensure that the health of the public is protected from the consumption of food contaminated by food service establishments or retail food stores during storage, preparation, service, or display, and to ensure that food service establishments and retail food stores have adequate facilities for the storage, preparation, service, or display of food.
Source.
1986, 106:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:4 - License Required.

143-A:4 License Required. –
I. It shall be unlawful for any person, unless exempted under RSA 143-A:5, to operate a food service establishment or retail food store within the state without having obtained a food service license to be issued by the commissioner. The commissioner shall not refuse to issue a food service license to any person who has complied with the requirements of this chapter.
II. The license shall at all times be conspicuously displayed in the food service establishment or retail food store and shall not be transferable.
Source.
1986, 106:1. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:5 - Exemptions.

143-A:5 Exemptions. –
The following establishments and events shall be exempt from departmental licensure and inspection under this chapter, except that the department may inspect when the department has reason to suspect an imminent health hazard as defined in RSA 143-A:3, IV-b:
I. Food service establishments and retail food stores licensed by city health officers under RSA 47:17.
II. Food service establishments and retail food stores licensed by town health officers under RSA 147:1.
III. Temporary food service establishments and occasional food service establishments and occasional food service events which are not under the jurisdiction of city or town health officers under RSA 147:1 and RSA 47:17.
IV. Recreation camps inspected and licensed under RSA 170-E, including recreation camps that offer food to camp families or alumni in the 45 days prior to or after the camp operating season.
V. Health care facilities inspected and licensed under RSA 151.
VI. Child care facilities inspected and licensed under RSA 170-E.
VII. Homestead food operations selling food, excluding potentially hazardous food as defined in RSA 143-A:12, I(b), from the homestead residence, at the owner's farm stand, or at farmers' markets.
VIII. A farm owned or operated by a federally exempt poultry producer, as defined in RSA 143-A:14, I, and the direct sale of such poultry to the consumer from the producer's farm, at the producer's farm stand, and by the producer at a farmers market, or when sold to a licensed restaurant in accordance with RSA 143-A:14 through RSA 143-A:17.
IX. A farm owned or operated by any person, firm, or corporation that raises bison, elk, or red deer for human consumption, and the direct sale within this state of the carcasses, parts, meat, and meat food products of such animals, when slaughtered and processed in accordance with RSA 427:2-a, IV, to the consumer from such farm, at the producer's farm stand, and by the producer at farmers' markets, or when sold to a licensed restaurant in accordance with RSA 143-A:20.
Source.
1986, 106:1, eff. Jan. 1, 1987. 2005, 229:5, 6, eff. Sept. 9, 2005. 2012, 163:1, eff. June 7, 2012. 2014, 165:1, eff. Oct. 9, 2014; 171:2, eff. Sept. 9, 2014. 2016, 36:1, eff. July 2, 2016. 2017, 87:3, eff. July 1, 2017; 145:12, eff. Aug. 15, 2017. 2022, 133:1, eff. Aug. 6, 2022; 272:30, eff. June 24, 2022. 2023, 180:1, 2, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:5-a - Soup Kitchens.

143-A:5-a Soup Kitchens. –
The commissioner may exempt from licensure under this chapter soup kitchens operated for the poor.
Source.
1990, 228:5. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:6 - Application; Issue; Fee.

143-A:6 Application;  Issue;  Fee. –
I. Upon receipt of an application in writing from a new food service establishment or retail food store, or a food service establishment or retail food store which has changed ownership, or a food service establishment or retail food store which has had its previous license revoked, the commissioner may issue a provisional license, valid for up to 90 days, if the commissioner determines that the applicant's plan for operation and facilities are sufficient under rules adopted under RSA 143-A:9. Notwithstanding RSA 541-A, any individual denied a full license at the end of the 90-day period shall immediately shut down his or her establishment, unless otherwise ordered by a court of competent jurisdiction.
II. Within 45 days of issuance of a provisional license issued under this section or RSA 143-A:8, the commissioner may, if deemed necessary, conduct an inspection. If following such inspection the commissioner determines that the applicant's operation and facilities are sufficient under rules adopted under RSA 143-A:9, the commissioner shall issue to the applicant a license valid for a time period of one year following the date of issuance of the provisional license. Notwithstanding RSA 541-A, any individual denied a full license at the end of the 90-day period shall immediately shut down his or her establishment, unless otherwise ordered by a court of competent jurisdiction.
III. Upon receipt of an application for renewal of a license from an existing food service establishment or retail food store, the commissioner may, if deemed necessary, conduct an inspection. If the commissioner determines that the applicant's operation and facilities are sufficient under rules adopted under RSA 143-A:9, the commissioner shall issue to the applicant a new license valid for one year.
IV. Licenses and provisional licenses are not transferable.
V. The commissioner shall charge a fee for each license application processed and for each plan review conducted; provided that the commissioner shall charge only one fee for the provisional license and the license.
VI. From the amounts collected by the commissioner under paragraph V, up to $300,000 each fiscal year may be included in the state biennial operating budget as restricted revenue to support the activities required in this chapter. The state treasurer shall credit all moneys received under this paragraph, and interest received on such money, to the public health services special fund, established under RSA 143:11, from which the department shall pay expenses incident to the administration of this chapter.
Source.
1986, 106:1. 1989, 408:14. 1990, 193:6. 1995, 308:23; 310:183. 1997, 256:2. 1999, 307:8, eff. Sept. 14, 1999. 2005, 229:3, eff. Sept. 9, 2005. 2012, 114:3, eff. July 1, 2012. 2017, 87:4, 5, eff. July 1, 2017; 156:223, eff. July 1, 2017. 2021, 122:38, eff. July 9, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:7 - Revocation of License.

143-A:7 Revocation of License. –
I. If any food service establishment or retail food store licensed under this chapter repeatedly violates any legally adopted rule of the commissioner, or any provision of RSA 143 or RSA 143-A, or if the operation of the licensed establishment creates an imminent health hazard, the commissioner may revoke the license. Any revocation of a license shall be executed in compliance with RSA 541-A.
II. The notice of revocation shall:
(a) Be in writing;
(b) Enumerate the reason or reasons for revocation;
(c) Outline the corrective action necessary to correct the violations cited in the revocation; and
(d) Inform the owner or his or her agent of his or her rights and options for redress of grievances as enumerated in RSA 541-A.
Source.
1986, 106:1. 1995, 310:183, eff. Nov. 1, 1995. 2012, 114:4, eff. July 1, 2012.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:8 - Reinstatement.

143-A:8 Reinstatement. –
Any person whose license has been revoked may at any time make a written request to the commissioner for a re-inspection. Re-inspection shall occur within 10 days of receipt of the request. If the commissioner or his or her authorized representative finds that the reasons for revocation have been corrected, a provisional license shall be granted immediately.
Source.
1986, 106:1. 1995, 310:183, eff. Nov. 1, 1995. 2012, 114:5, eff. July 1, 2012.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:9 - Rulemaking.

143-A:9 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. The application procedure for any class of license issued under this chapter and the length of the licensing period.
I-a. The amount of the fee to be charged for any license application processed, for each plan review conducted, and for each inspection performed under this chapter.
II. Design and content of all forms required by this chapter.
III. Procedures for inspections and re-inspections of licensees.
IV. How a license is revoked and reinstated.
IV-a. What constitutes a soup kitchen and procedures for exempting certain soup kitchens from licensure in accordance with RSA 143-A:5-a.
IV-b. A schedule of administrative fines which may be imposed under RSA 143-A:10-a for violation of this chapter or the rules adopted pursuant to it.
IV-c. Procedures for notice and hearing prior to the imposition of an administrative fine imposed under RSA 143-A:10-a.
V. Standards for licensing food service establishments and retail food stores, including, but not limited to sanitation, physical environment, health and safety, operational changes, and compliance with federal requirements.
VI. Variances for licensing requirements.
VII. Suspension of licenses.
VIII. Trade secrets, complaints, and the confidentiality thereof.
IX. Requirements for bed and breakfast facilities.
X. Requirements for food processing plants.
Source.
1986, 106:1. 1989, 408:15. 1990, 228:6. 1991, 355:33. 1995, 308:24; 310:183. 1999, 307:9, eff. Sept. 14, 1999. 2012, 171:8, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:9-a - Failure to Pay Application Fee; Fee Disposition.

143-A:9-a Failure to Pay Application Fee;  Fee Disposition. –
I. When a licensee fails to pay the applicable fee required by this chapter, the commissioner of the department of health and human services, after notice and hearing pursuant to rules adopted under RSA 541-A, may suspend or revoke the license or may issue an appropriate order.
II. All fees collected under this chapter shall be forwarded to the state treasurer to be deposited in the general fund.
Source.
1995, 308:25, eff. July 3, 1995; 310:182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:9-b - Repealed by 2021, 115:5, I, eff. Sept. 7, 2021.

143-A:9-b Repealed by 2021, 115:5, I, eff. Sept. 7, 2021. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:10 - Penalty.

143-A:10 Penalty. –
Whoever violates any of the provisions of this chapter or fails to comply with the lawful orders and requirements of the commissioner shall, upon conviction of a:
I. First offense, be guilty of a violation;
II. Second offense, be guilty of a misdemeanor; and
III. Third offense, be guilty of a misdemeanor, if a natural person, or be guilty of a felony, if any other person.
Source.
1986, 106:1. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:10-a - Administrative Fines.

143-A:10-a Administrative Fines. –
The commissioner of the department of health and human services, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The commissioner shall adopt rules in accordance with RSA 541-A relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the general fund.
Source.
1991, 355:34. 1995, 310:182, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:11 - Injunctive Relief.

143-A:11 Injunctive Relief. –
The operation of a food service establishment or a retail food store without a license issued under this chapter, or the continued operation of such establishment or store after a license has been revoked or has expired, is declared to be a danger to the public health. In addition to any other civil, criminal, or disciplinary remedy, the attorney general, the commissioner, the prosecuting attorney of any county or municipality where the food service establishment or retail food store is operating, or any citizen may, in accordance with the laws of this state, maintain an action to enjoin that establishment or store from operation until a valid license is issued. An injunction without bond is available to the commissioner for enforcement of this chapter.
Source.
1989, 17:2. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:11-a - Certified Food Protection Manager.

143-A:11-a Certified Food Protection Manager. –
I. (a) Each food service establishment licensed by the state under RSA 143-A:6 shall have a person in charge and present during all hours of operation trained as a certified food protection manager by a program approved by the Conference for Food Protection or other equivalent industry standards program.
(b) The requirement in subparagraph (a) shall not apply under these conditions:
(1) Food establishments having at least one certified food protection manager on staff shall not be required to have the certified food protection manager present when no food preparation is taking place;
(2) Food establishments having at least one certified food protection manager on staff shall not be required to have the certified food protection manager present when food preparation is limited to reheating commercially prepared food or ready to eat food; or
(3) Food establishments having 5 food employees or less on duty are required to have only one certified food protection manager on staff who is available, although not required to be present, during all hours of operation.
II. This section shall not apply to any food service establishment exempt from licensure or inspection under RSA 143-A:5.
III. This section shall not apply to food establishments licensed under RSA 143-A:6 as food processing plants, cold storage or refrigerating warehouses; retail stores with no food preparation or limited to self service foods, servicing areas, bed and breakfasts, lodging facilities serving continental breakfasts, home delivery services of packaged frozen food; pushcarts and other mobile food units, those serving packaged food and non-potentially hazardous unwrapped foods only; wholesalers/distributors; on-site vending machines, bars/lounges without a food preparation area; arena/theater concessions serving non-potentially hazardous; sellers of pre-packaged frozen meat or poultry that is processed in a USDA-inspected plant; homestead food operations.
Source.
2021, 205:2, Pt. X, Sec. 1, eff. Aug. 10, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:12 - Homestead Food License Required.

143-A:12 Homestead Food License Required. –
I. In this subdivision:
(a) "Homestead food operation" means a person who produces homestead food products, excluding potentially hazardous food, only in the home kitchen of that person's primary residence in New Hampshire.
(b) "Potentially hazardous food" means foods requiring temperature control for safety because they are capable of supporting the rapid growth of pathogenic or toxigenic microorganisms, and the growth of toxin production of clostridium botulinum. Potentially hazardous foods also include processed acidified and low acid canned foods.
(c) "Homestead food products" means all food except potentially hazardous food, and as defined in rule by the commissioner of the department of health and human services through rulemaking under RSA 143-A:13.
II. Homestead food operations selling less than the maximum annual gross sales of food as defined in RSA 143-A:5, VII, excluding potentially hazardous food, from the homestead residence, at the owner's own farm stand, at farmers' markets, or at retail food stores are exempt from licensure and departmental inspection under this subdivision, except that the department may inspect when the department has reason to suspect an imminent health hazard as defined in RSA 143-A:3, IV-b.
III. Homestead food operations that exceed the maximum annual gross sales of food as defined in RSA 143-A:5, VII or homestead food operations who wish to sell food products, excluding potentially hazardous food, to restaurants or other retail food establishments, over the Internet, by mail order, or to wholesalers, brokers, or other food distributors who will resell the homestead product shall be licensed under RSA 143-A:4.
IV. All homestead food products sold in packages from the home kitchen, farm stand of a homestead food operation, at farmers' markets, or at retail food stores shall have individual labels on each package containing the following information: name, address, and phone number of the homestead food operation; name of the homestead food product; the ingredients of the homestead product, in descending order of predominance by weight; and allergy information. Products made by homestead food operations exempt from licensure shall also be clearly labeled with the following statement: "This product is exempt from New Hampshire licensing and inspection." Products made by nonexempt homestead food operations shall also be clearly labeled with the following statement: "This product is made in a residential kitchen licensed by the New Hampshire Department of Health and Human Services."
Source.
2006, 133:2, eff. Jan. 1, 2007. 2009, 144:205, eff. July 1, 2009. 2012, 163:2, eff. June 7, 2012. 2013, 136:1, 2, eff. June 27, 2013. 2014, 171:1, eff. Sept. 9, 2014. 2015, 84:1, 2, eff. Aug. 4, 2015. 2017, 87:6, eff. July 1, 2017. 2022, 133:2, eff. Aug. 6, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:13 - Rulemaking.

143-A:13 Rulemaking. –
The commissioner, in consultation with the commissioner of the department of agriculture, markets, and food shall adopt rules, pursuant to RSA 541-A, relative to:
I. Foods which may be made in a homestead food operation and potentially hazardous foods, which shall not be made in a homestead food operation.
II. Content and format of all labeling requirements.
III. Licensing requirements for homestead food operations exceeding the annual maximum gross sales limit or homestead food operations who wish to sell food products, excluding potentially hazardous foods, to restaurants or other retail food establishments, over the Internet, by mail order, or to wholesalers, brokers, or other food distributors who will resell the homestead food product.
IV. Content and format of all forms required under this subdivision.
V. Fees for non-exempt homestead food operation licenses, including application fees and fees for renewal.
Source.
2006, 133:2, eff. Jan. 1, 2007. 2009, 144:206, eff. July 1, 2009. 2012, 163:3, eff. June 7, 2012.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:14 - Definitions.

143-A:14 Definitions. –
In this subdivision:
I. "Federally exempt poultry producer" means a poultry producer that qualifies for a federal exemption from inspection under the federal Poultry Products Inspection Act.
II. "Licensed restaurant" means a food service establishment, licensed under RSA 143-A:4, which is in a fixed location that is adequate and sanitary, where food is prepared primarily for service of a meal intended for purchase and consumption by the consumer.
III. "Poultry" means any domesticated bird, whether alive or dead.
IV. "Poultry producer" means any person who raises poultry and sells it for human consumption.
V. "Processed" means the animal has been slaughtered and cleaned in a sanitary manner so that it is ready for use as human food but has not been further prepared or treated, except as needed to package and store it.
VI. "Rabbit" means any domesticated member of the family Leporidae of long-eared, short-tailed lagomorph mammals with long hind legs, whether alive or dead.
VII. "Rabbit producer" means any person who raises rabbits and sells them for human consumption.
VIII. "Uninspected" means poultry or rabbits that are not individually marked as having passed inspection as prescribed by the United States Department of Agriculture or in accordance with RSA 427.
Source.
2014, 165:2, eff. Oct. 9, 2014.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:15 - Purchase of Uninspected Poultry and Rabbits by Licensed Restaurants.

143-A:15 Purchase of Uninspected Poultry and Rabbits by Licensed Restaurants. –
I. A licensed restaurant may purchase uninspected, processed, whole poultry or rabbits from unlicensed rabbit producers or federally exempt poultry producers who provide proof of compliance with the registration and educational requirements of this subdivision. All packaging containing uninspected poultry and rabbits shall be clearly labeled to include, but not be limited to, the following information: the name and address of the farm where the product originates and the date of slaughter.
II. For at least 90 days from the date of each purchase, the licensed restaurant shall keep on file the receipt of purchase to include the product purchased, the date of purchase, the name of the producer, the name and address of the farm, and phone number.
III. The licensed restaurant shall clearly label any menu item containing uninspected poultry or rabbit with the following statement: "This product has been raised and processed on a New Hampshire farm and is exempt from state and federal inspection."
Source.
2014, 165:2, eff. Oct. 9, 2014. 2017, 87:7, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:16 - Producer Requirements.

143-A:16 Producer Requirements. –
I. A federally exempt poultry producer may, in a calendar year, sell to licensed restaurants uninspected, processed whole poultry that the producer has raised in a quantity not to exceed the federal limit established in 21 U.S.C. section 464 and an unlicensed rabbit producer may, in a calendar year, sell to licensed restaurants up to 1,000 uninspected, processed whole rabbits that the producer has raised, provided all of the following conditions are met:
(a) The producer is current with all educational requirements that are established by the commissioner in consultation with the commissioner of agriculture, markets, and food relative to proper methods of slaughtering, processing, packaging, and storing poultry or rabbit on the farm and its subsequent transport to restaurants; and
(b) The producer has registered with the department of agriculture, markets, and food by providing his or her name, the name and address of the farm, and phone number, to allow for trace back in the event of disease outbreak. Such registry information shall be protected pursuant to RSA 436:6-a.
II. The department may inspect these exempt products when the department has reason to suspect an imminent health hazard as defined in RSA 143-A:3, IV-b.
Source.
2014, 165:2, eff. Oct. 9, 2014. 2016, 26:1, eff. June 24, 2016. 2017, 87:8, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:17 - Rulemaking.

143-A:17 Rulemaking. –
The commissioner, in consultation with the commissioner of the department of agriculture, markets, and food, shall adopt rules, pursuant to RSA 541-A, relative to:
I. Content and format of all labeling requirements, except for the label content required under RSA 143-A:15, III;
II. Educational requirements under RSA 143-A:16, I, which may include a continuing education component; and
III. The method by which proof of compliance by producers with the registration and educational requirements of this subdivision can be demonstrated to licensed restaurants, which may include an online listing of compliant producers.
Source.
2014, 165:2, eff. Oct. 9, 2014.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:18 - Definition of Uninspected Bison, Elk, or Red Deer.

[RSA 143-A:18 effective until July 1, 2025;  see also RSA 143-A:18  set out below.]
143-A:18 Definition of Uninspected Bison, Elk, or Red Deer. –
For purposes of this subdivision, "uninspected bison, elk, or red deer" means carcasses, parts, meat, and meat food products of bison, elk, or red deer slaughtered and processed in accordance with RSA 427:16, XII and sold or to be sold as provided in RSA 427:2-a, IV.
[RSA 143-A:18 effective July 1, 2025;  see also RSA 143-A:18  set out above.]
143-A:18 Definition of Uninspected Bison. –
For purposes of this subdivision, "uninspected bison" means carcasses, parts, meat, and meat food products of bison slaughtered and processed in accordance with RSA 427:16, XII and sold or to be sold as provided in RSA 427:2-a, IV.
Source.
2016, 36:3, eff. July 2, 2016. 2017, 145:13, eff. Aug. 15, 2017. 2023, 180:4, eff. Oct. 3, 2023; 180:8, eff. July 1, 2025.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:19 - Labeling; Meat from Uninspected Bison, Elk, or Red Deer.

[RSA 143-A:19 effective until July 1, 2025;  see also RSA 143-A:19  set out below.]
143-A:19 Labeling;  Meat from Uninspected Bison, Elk, or Red Deer. –
All packaging containing uninspected bison, elk, or red deer shall be clearly labeled to include a description of the product, the name, address, and telephone number of the farm where the product originates, and the date of slaughter.
[RSA 143-A:19 effective July 1, 2025;  see also RSA 143-A:19  set out above.]
143-A:19 Labeling;  Meat from Uninspected Bison. –
All packaging containing uninspected bison shall be clearly labeled to include a description of the product, the name, address, and telephone number of the farm where the product originates, and the date of slaughter.
Source.
2016, 36:3, eff. July 2, 2016. 2023, 180:4, eff. Oct. 3, 2023; 180:8, eff. July 1, 2025.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:20 - Purchase of Uninspected Bison, Elk, or Red Deer by Licensed Restaurants.

[RSA 143-A:20 effective until July 1, 2025;  see also RSA 143-A:20  set out below.]
143-A:20 Purchase of Uninspected Bison, Elk, or Red Deer by Licensed Restaurants. –
I. A licensed restaurant, as defined in RSA 143-A:14, II, may purchase from bison, elk, or red deer producers uninspected bison, elk or red deer that is labeled in accordance with RSA 143-A:19.
II. For at least 90 days from the date of each purchase, the licensed restaurant shall keep on file the receipt of purchase to include the product purchased, the date of purchase, the name of the producer, the name and address of the farm, and phone number.
III. The licensed restaurant shall clearly label any menu item containing uninspected bison, elk, or red deer with the following statement: "This product was slaughtered at the farm and is exempt from state and federal inspection."
[RSA 143-A:20 effective July 1, 2025;  see also RSA 143-A:20  set out above.]
143-A:20 Purchase of Uninspected Bison by Licensed Restaurants. –
I. A licensed restaurant, as defined in RSA 143-A:14, II, may purchase from bison producers uninspected bison that is labeled in accordance with RSA 143-A:19.
II. For at least 90 days from the date of each purchase, the licensed restaurant shall keep on file the receipt of purchase to include the product purchased, the date of purchase, the name of the producer, the name and address of the farm, and phone number.
III. The licensed restaurant shall clearly label any menu item containing uninspected bison with the following statement: "This product was slaughtered at the farm and is exempt from state and federal inspection."
Source.
2016, 36:3, eff. July 2, 2016. 2023, 180:4, eff. Oct. 3, 2023; 180:8, eff. July 1, 2025.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:21 - Definitions.

143-A:21 Definitions. –
In this chapter:
I. "Community supported agriculture" or "CSA" means a distribution system in which a farmer distributes produce directly to consumers.
II. "Department" means the department of health and human services.
III. "Distributor" means a person who purchases wild mushrooms from a harvester and sells to food establishments or direct to the public. Distributor shall not include food establishments.
IV. "Food establishment" means a food service establishment or retail food store licensed under RSA 143-A, as well as farmers market, farm stand, and CSA.
V. "Harvester" means a person who forages for and harvests wild mushrooms for sale to a distributor, food establishment, or to the public.
VI. "Identifier" means a person who identifies wild mushrooms collected by a harvester on behalf of a distributor or a food establishment.
VII. "Mushroom" means the fleshy, spore-bearing, fruiting body of a fungus.
VIII. "Tier 1 mushroom" means a wild mushroom which is easily identified, that has no toxic look-alikes, and which is unlikely to cause illness in humans.
IX. "Tier 2 mushroom" means a wild mushroom which is difficult to identify, may have toxic look-alikes, or may cause illness in some humans.
Source.
2021, 70:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:22 - License Required.

143-A:22 License Required. –
I. No person shall identify, harvest, or offer wild mushrooms for sale unless he or she is licensed by the department.
II. A wild mushroom identifier, harvester, and distributor may receive a tier 1 license upon the following:
(a) Payment of a fee of $75 to the department.
(b) Fulfilling educational requirements approved by the department.
(c) Passing an exam on the tier 1 mushroom list approved by the department.
III. A wild mushroom identifier, harvester, and distributor may receive a tier 2 license upon the following:
(a) Payment of a fee of $75 to the department.
(b) Fulfilling educational requirements set by the department.
(c) Passing an exam on the tier 2 mushroom list approved by the department.
IV. Licenses shall be valid for 5 years from the date of issue. A person holding a valid mushroom identifier, harvester, and distributor license may renew such license after completion of an on-line renewal course and payment of a $30 fee.
V. A licensee may only identify, harvest, and sell mushrooms from the tier list corresponding to the tier license they hold, however a tier 2 licensee may also identify, harvest, and sell mushrooms from the tier 1 list.
VI. The department may revoke a license for good cause including, but not limited to, the harvest, distribution or sale of wild mushrooms in a manner not consistent with this chapter and the educational program required under this section, failure to keep records in accordance with this subdivision, or the sale of wild harvested mushrooms not included on the tier 1 or tier 2 lists.
VII. A licensed mushroom identifier, harvester, and distributor shall present his or her license to the purchaser of his or her mushrooms at the time of sale and to the department of health and human services or to the department of agriculture, markets, and food upon request.
VIII. A person harvesting wild mushrooms for personal use shall not require a license.
IX. A licensee may harvest from a property only with documented permission from the land owner or land manager.
Source.
2021, 70:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:23 - Labeling Requirements; Recordkeeping.

143-A:23 Labeling Requirements;  Recordkeeping. –
I. All mushrooms harvested by a person licensed under this subdivision for sale shall be labeled with the following:
(a) The name, address, and license number of the licensed mushroom identifier, harvester, and distributor.
(b) The species of mushroom.
(c) The weight sold.
(d) The date of harvesting.
(e) The county of harvesting.
II. A copy of such label shall be retained by the licensed mushroom identifier, harvester, and distributor for one year, as well as information on the specific harvest location of all mushrooms harvested.
III. A copy of such label shall be retained by the food service establishment for 90 days.
IV. Such records shall be available for inspection upon request by the department of health and human services and the department of agriculture, markets, and food.
Source.
2021, 70:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:24 - Sale of Wild Mushrooms.

143-A:24 Sale of Wild Mushrooms. –
A licensed food service establishment or retail food store within the state may only sell wild mushrooms or food products made with wild mushrooms, identified, harvested, and distributed in accordance with this subdivision unless purchased from an out-of-state source approved by that state or country of origin. A licensed food service establishment or retail food store purchasing or receiving wild mushrooms from a licensed wild mushroom identifier, harvester, and distributor shall keep a record of all such transactions with the information described in RSA 143-A:23 for no less than 90 days. Such records shall be available for inspection upon request by the department of health and human services or the department of agriculture, markets, and food. The department of health and human services shall add wild mushrooms to the inspection requirements of licensed food establishments and retail food stores including verifying that such wild mushrooms sold meet the requirements of this subdivision. The department of agriculture, markets, and food may verify that wild mushrooms sold at farmers markets and farmstands meet the requirements of this subdivision.
Source.
2021, 70:1, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 143-A - Food Service Licensure › Section 143-A:25 - Revocation of License.

143-A:25 Revocation of License. –
A food service establishment or retail food store within this state licensed under this chapter may have its license revoked under RSA 143-A:7 if the department finds any of the following:
I. Records have not been kept in accordance with RSA 143-A:23 and RSA 143-A:24.
II. Purchasing or receiving wild mushrooms for use in food products from a person who is not licensed under RSA 143-A:22 unless purchased from an out-of-state source approved by that state or country of origin.
III. Purchasing or receiving wild mushrooms for use in food products that are not approved as tier 1 or tier 2 mushrooms by the department, unless purchased from an out-of-state source approved by that state or country of origin.
Source.
2021, 70:1, eff. July 1, 2022.