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 2154 - NEW HAMPSHIRE SHELLFISH SANITATION RULES: INSPECTIONS AND COMPLIANCE
Section He-P 2154.02 - Correction of Deficiencies
Universal Citation: NH Admin Rules He-P 2154.02
Current through Register No. 40, October 3, 2024
(a) When any inspection identifies a critical deficiency:
(1) The deficiency shall be corrected during
that inspection; or
(2) The
certificate holder shall cease production of the activity(ies) affected by the
deficiency.
(b) When a key or other deficiency identified in the inspection report cannot be corrected both immediately and permanently in the presence of the inspector a compliance schedule shall be issued.
(c) The department shall verify the elimination of any key or other deficiencies as specified in the compliance schedule referenced in (b) above, as follows:
(1) The department shall review any materials
submitted to the department by the certificate holder and determine whether the
materials demonstrate implementation of and compliance with the requirements of
the compliance schedule; and
(2) If
materials in (1) above are not submitted to the department by the certificate
holder, or if the department determines that the materials submitted in (1)
above do not demonstrate implementation of and compliance with the requirements
of the compliance schedule, the department shall conduct an inspection to
determine compliance.
(d) If the department finds the certificate holder to be out of compliance with the compliance schedule, the department shall do one or more of the following, as applicable:
(1) Revise the compliance schedule if the
department determines that the certificate holder has mitigated any immediate
public health risk and produced evidence of substantial hardship preventing
compliance to original compliance schedule for failure to comply with the
compliance schedule;
(2) Impose
applicable fines, in accordance with
He-P
2155.02(a)(14);
(3) Revoke the certificate in accordance with
He-P
2155.03(a)(6); or
(4) Deny the application for a renewal of a
certificate in accordance with
He-P
2153.03(d).
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