New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 2100 - BEVERAGES AND BOTTLED WATER
Part He-P 2104 - APPLICATION AND LICENSING OF IN-STATE BEVERAGE AND BOTTLED WATER FACILITIES
Section He-P 2104.02 - Processing of Initial Applications and Issuance of Licenses

Universal Citation: NH Admin Rules He-P 2104.02

Current through Register No. 40, October 3, 2024

(a) An application shall be processed in accordance with RSA 541-A:29.

(b) An application for an initial license shall be complete when the department determines that all items required by He-P 2104.01 have been received.

(c) If an application does not contain all of the items required by He-P 2104.01, the department shall:

(1) Not process that application; and

(2) Notify the applicant in writing of which items are required to be submitted before the application can be processed.

(d) Any licensing fee submitted to the department in the form of a cash, check, money order, or online payment and returned to the state for any reason shall be processed in accordance with RSA 6:11-a.

(e) Licensing fees shall not be transferable to any other application(s) .

(f) Following an inspection, conducted pursuant to RSA 143:11 and in accordance with He-P 2105, a provisional license shall be issued if the department determines that an applicant is in compliance with RSA 143,and these rules.

(g) Pursuant to RSA 143:11:

(1) A provisional license shall expire 90 days after the date of issuance; and

(2) If a license is not issued following the expiration of a provisional license, the beverage or bottled water facility shall cease operation the day after the provisional license expires and not operate until a license is obtained.

(h) All licenses and provisional licenses issued in accordance with RSA 143-A shall be issued for a specific license classification under He-P 2104.04.

(i) License holders shall operate in accordance with the class of license issued.

(j) Laboratory analysis of the source water, as required in He-P 2102.06, shall show the source water to be in compliance with the standards set forth in He-P 2102.02, provided the plant is bottling water.

(k) The labels shall be in compliance with He-P 2103.

(l) An inspection of the facility while in operation shall be conducted by the department within the 90 days that the provisional license is in effect.

(m) If the operational inspection and the analysis results of the finished product determine that the facility is in compliance with He-P 2100, a full annual license shall be issued.

#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, eff10-22-11, EXPIRES: 4-19-12; ss by #10116, eff 4-19-12

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