1. (a) The department shall impose enforcement actions for violations of RSA 143:20-28, He-P 2150–2159, or the NSSP Guide, as incorporated by reference in He-P 2152.01, as applicable, including the following:

   1. (1) Imposing administrative fines upon an applicant, certificate holder, or any decertified dealer in accordance with He-P 2155.02;
   2. (2) Denying a certificate application in accordance with He-P 2155.03;
   3. (3) Revoking a certificate in accordance with He-P 2155.03;
   4. (4) Ordering embargo of contaminated or adulterated products, including condemning and seizing products, in accordance with RSA 146:20 and (d) below;
   5. (5) Ordering the certificate holder to cease and desist all operations in the event of a threat to the public health and safety in accordance with RSA 143:5-a, RSA 541-A:30, III, or both; and
   6. (6) Ordering a person or entity to cease and desist all operations in the event that the person or entity is operating without a valid certificate.
2. (b) When the certificate holder fails to comply with He-P 2154.02 (a) above, the department shall immediately begin actions to revoke the certificate holder’s certification.

3. (c) Product affected by a critical deficiency shall be controlled to prevent contaminated or adulterated product from reaching consumers. When necessary the department shall:

   1. (1) Detain or seize any undistributed lots of shellfish that might have been adulterated;
   2. (2) Initiate a recall of any distributed shellfish; and
   3. (3) Immediately notify FDA’s enforcement officials and any other relevant authorities.

4. (d) When denying a certificate application, imposing a fine, or revoking a certificate, the department shall send to the applicant or certificate holder a written notice that sets forth:

   1. (1) The action to be taken by the department;
   2. (2) The reasons for the action, including the identification of each deficiency; and
   3. (3) The right of the applicant, certificate holder, or other person or entity to request a hearing in accordance with RSA 541-A, He-C 200, and He-P 2155.04.
5. (e) No ongoing enforcement action shall preclude the imposition of any remedy available to the department under RSA 143, RSA 541-A:30, III, or He-P 2150–2159.

Source. (See Revision Note at part heading for He-P 2150) #10704, eff 10-23-14; ss by #13569, eff 2-25-23