Current through Register No. 40, October 3, 2024
(a) For the purpose
of determining compliance with RSA 143, RSA 143-A, and He-P 2300, as authorized
by
RSA 143:4 and
RSA 143-A:6,
II, the applicant or licensee shall admit and
allow any department representative at any time to enter and inspect the
following:
(1) The licensed food
establishment, including any mobile food units or vehicles used by the licensee
for the transportation or retail sale of food; and
(2) Any records required by RSA 143-A and
He-P 2300, or pertaining to food and supplies purchased and distributed by the
food establishment.
(b)
At the time of inspection, or upon request, the applicant or licensee shall
provide the department with the following:
(1) A list of persons employed; and
(2) Samples of food for
bacteriological, chemical, and physical examination.
(c) The department shall conduct an
inspection to determine full compliance with RSA 143, RSA 143-A, and He-P 2300,
prior to:
(1) The issuance of a provisional
license;
(2) The issuance of a
full license:
(3) A change in
ownership;
(4) A change in the
licensee's physical location;
(5)
An upgrade in the license class;
(6) Occupation of space after construction,
renovations, or structural alterations; or
(7) The renewal of a license when the
department has determined, in the interest of public health and based on the
licensee's inspection and compliance history, that a renewal inspection is
warranted.
(d) In
addition to (c) above, the department shall conduct an inspection:
(1) Whenever the department has reason to
believe a condition exists that places the food establishment in non-compliance
with RSA 143, RSA 143-A, or He-P 2300; and
(2) As necessary to verify compliance with
any corrective action plan (CAP) accepted by the department as part of an
inspection.
(e) The
applicant, owner, or person in charge shall be present at time of
inspection.
(f) Upon completion of
the inspection, the department shall complete a written inspection report in
accordance with Food Code Annex 7, Form 3-A and Guide 3-B, or in the case of
food processing plants and homesteads a "Food Processing Plant Inspection
Report".
(g) The inspection report
shall contain:
(1) Specific factual
observations of deficiencies which violate He-P 2300 or the Food Code and which
require correction; and
(2) For
all food establishments except food processing plants, a color designation,
described in (i) below, based on the results of the inspection findings.
(h) The applicant,
owner, or person in charge shall acknowledge receipt of the inspection report
by signing the inspection report.
(i) Color designations shall be as follows:
(1) Green if there are no priority item
violations identified or if all priority item violations identified are
corrected immediately and permanently at the time of the inspection;
(2) Yellow if there are priority item
violations identified and are not corrected immediately and permanently at the
time of the inspection; and
(3) Red
if it is determined that an imminent health hazard exists at the time of the
inspection, the establishment has a failed corrective action plan or if the
food establishment is found to be operating without a current, valid
license.
#6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by
#9857-A, eff 2-1-11
