1. I. "Commissioner" means the commissioner of the department of health and human services.
2. II. "Department" means the department of health and human services.
3. III. "Food" means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.

4. IV. "Food service establishment" means any fixed or mobile, attended or unattended restaurant; coffee shop; cafeteria; short order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial feeding establishment; food processing plants; food vending operation; private or public organization or institution, whether profit or nonprofit, which routinely serves food; catering kitchen; commissary, or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other eating and drinking establishment or operation in which potentially hazardous food is served or provided for the public with or without charge.

   IV-a. "Food processing plant" means a type of food service establishment that is a commercial operation that processes food for human consumption and provides processed food for sale and distribution to other business entities such as other food establishments. The term does not include an operation that processes food under the oversight of the department of agriculture in accordance with RSA 426, RSA 427, RSA 428, RSA 429, and RSA 434.

   IV-b. "Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury or illness.

5. V. "Occasional food service establishment" means any food service establishment where food is provided for the public and served on premises or taken away and consumed off premises, whether or not there is a charge for such food, no more than 4 days during a 28-day period. Any part of a day shall be considered one full day for the purposes of this definition.

   V-a. "Occasional food service events" means events which are not regularly scheduled where food is provided to participants such as extracurricular school events, non-profit sporting events, and periodic events sponsored by religious or nonprofit organizations.

6. VI. "Person" means an individual, partnership, corporation, association, or other legal entity.
7. VII. "Retail food store" means any establishment or section of an establishment where food or food products intended for off-premise consumption are offered to the public. The term includes delicatessens which offer prepared food in bulk quantities only. It does not include establishments which handle only prepackaged, not potentially hazardous foods; roadside markets or farm stands; food service establishments; or food and beverage vending machines.
8. VIII. "Temporary food service establishment" means any food service establishment which operates at a fixed location for a temporary period of time not exceeding 2 weeks, in connection with a fair, carnival, circus, public exhibition, or similar transitory gathering.

Source. Source. 1986, 106:1. 1995, 310:100. 1997, 256:1. 2004, 211:6, eff. June 11, 2004. 2005, 229:4, eff. Sept. 9, 2005. 2011, 130:10, eff. Aug. 5, 2011. 2012, 114:1, 2, eff. July 1, 2012. 2025, 48:1, eff. July 28, 2025.