1. (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 might exist because of an emergency such as:

   1. (1) A failed sewer system or a sewage backup into the beverage or bottled water facility;
   2. (2) A fire affecting a beverage or bottled water facility;
   3. (3) Flooding in a beverage or bottled water facility;
   4. (4) Chemical exposure in a beverage or bottled water facility;
   5. (5) Any other natural disaster or catastrophic event that could result in contamination of the beverage or bottled water; and
   6. (6) Any other severe unsanitary conditions that threaten to contaminate the beverage or bottled water or its ingredient supply.
2. (b) A licensee shall not be required to discontinue operations in an area of the beverage or bottled water facility that is unaffected by the imminent health hazard.
3. (c) If operations are discontinued as specified in (a) above, the licensee shall obtain approval from the department before resuming operations.
4. (d) 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.
5. (e) 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.
6. (f) The commissioner’s order of an immediate closure of a beverage or bottled water facility shall be in accordance with the provisions of RSA 143:13.

Source. #1685, eff 12-21-80; 1930, eff 1-26-82; 2638(E), eff 3-2-84; #3000, eff 4-2-85; #3069, eff 7-23-85; ss by #4658, eff 7-31-89, EXPIRED: 7-31-95 New. #7979, eff 10-22-03; ss by #10012, INTERIM, eff 10-22-11, EXPIRES: 4-19-12; ss by #10116, eff 4-19-12; ss by #12680, eff 11-27-18 (formerly He-P 2155.06)