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 2155 - NEW HAMPSHIRE SHELLFISH SANITATION RULES: ENFORCEMENT ACTIONS
Section He-P 2155.01 - Enforcement Actions and Notice of Right to Appeal

Universal Citation: NH Admin Rules He-P 2155.01

Current through Register No. 40, October 3, 2024

(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) Imposing administrative fines upon an applicant, certificate holder, or any decertified dealer in accordance with He-P 2155.02;

(2) Denying a certificate application in accordance with He-P 2155.03;

(3) Revoking a certificate in accordance with He-P 2155.03;

(4) Ordering embargo of contaminated or adulterated products, including condemning and seizing products, in accordance with RSA 146:20 and (d) below;

(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) 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.

(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.

(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) Detain or seize any undistributed lots of shellfish that might have been adulterated;

(2) Initiate a recall of any distributed shellfish; and

(3) Immediately notify FDA's enforcement officials and any other relevant authorities.

(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) The action to be taken by the department;

(2) The reasons for the action, including the identification of each deficiency; and

(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.

(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.

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