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 2156 - NEW HAMPSHIRE SHELLFISH SANITATION RULES: SHELLFISH RELATED RECALLS
Section He-P 2156.01 - Recall Procedures
Current through Register No. 40, October 3, 2024
(a) The dealer shall develop and maintain on file a written procedure for the recall of shellfish products, including procedures for the notification of the department and consumers of the removal of the product from commerce, which complies with the Recall Enforcement Policy, Title 21 Code of Federal Regulations (CFR) Part 7.
(b) Production and distribution records shall be used to enable location of products if a recall is initiated.
(c) The dealer shall recall any product which the dealer or the department knows or has reason to believe might adversely affect the health and safety of the public, or is adulterated or misbranded.
(d) A dealer who knows or should know that the standard or quality of the product has been violated or has reason to believe that circumstances exist which might adversely affect the safety of the product shall notify the department within 24 hours of learning of the violation or circumstances.
(e) Circumstances in (d) requiring notification shall include, but are not limited to, source contamination, spills, accidents, natural disasters, or breakdowns in treatment processes.
(f) If the department determines that the circumstances present an imminent health hazard and the consumer notification or shellfish product recall can significantly minimize the threat to health and safety of the public, the department shall order the dealer to initiate a product recall.
(g) In cases of a shellfish product recall, the dealer shall disseminate notification within 24 hours of the recall to all wholesale and retail outlets to which the shellfish product was distributed.
(h) If directed by the department, the dealer shall issue notification to consumers who may be affected by the recall by using such methods, including the media, as will ensure timely notification to consumers.
(i) RSA 146:20 shall apply to shellfish products.
