N.H. Code Admin. R. He-P 2303.01
Incorporation of the 2017 Food Code
Effective Feb 22, 2024#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; ss by #13883, eff 2-22-24Former Division of Public Health Services
- (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.pdf henceforth 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, elk, or red deer meat from producers that comply with 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; ss by #13883, eff 2-22-24