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 2300 - SANITARY PRODUCTION AND DISTRIBUTION OF FOOD
Part He-P 2306 - ENFORCEMENT ACTIONS
Section He-P 2306.02 - Administrative Fines

Universal Citation: NH Admin Rules He-P 2306.02

Current through Register No. 40, October 3, 2024

(a) The department shall impose fines as follows:

(1) For providing false or misleading information on or with an application, in violation of He-P 2304.01(a), He-P 2311.01(a), or He-P 2304.12(a), the fine shall be $1,000;

(2) For failure to operate a food establishment only in the manner in which licensed to do so, in violation of He-P 2304.02(j), the fine shall be $500;

(3) For failure to cooperate during an inspection of a food establishment, including but not limited to failing to allow department representatives or inspectors to inspect food establishment premises, vehicles, and records at all times, in violation of He-P 2305.01, the fine shall be $2,000;

(4) For failure to notify the department by telephone within 24 hours of any fire or other disaster that jeopardizes the safety or sanitation of food provided in food establishments, in violation of He-P 2306.06(a), the fine shall be $250;

(5) For failure to notify the department pursuant to He-P 2304.08(a) at least 30 days prior to a food establishment ownership change, the fine shall be $500;

(6) For failure to notify the department pursuant to He-P 2304.10(a) at least 30 days prior to the change of location of a food establishment, the fine shall be $500;

(7) For failure to submit a plan for review as required in He-P 2304.12(a) and (b), the fine shall be $300;

(8) For failure to discard food as required by Food Code 3-701.11, the fine shall be $500;

(9) For failure to cease operation upon notification by the department to do so, the fine shall be $1,000. Each day that a license holder fails to cease operation shall be considered a separate offense subject to an additional $500 fine;

(10) For failure to cease operation when an application has been denied, or when a license has been revoked, the fine shall be $1,000. Each day that a license holder fails to cease operation shall be considered a separate offense subject to an additional $500 fine;

(11) For a violation of the same priority item on more than 2 consecutive inspections, the fine shall be $500;

(12) For failure to pay an administrative fine within 30 days of its imposition, or within 30 days of the decision to uphold the imposition of a fine that was appealed, the fine shall be $500. Each day until the expiration of the current license, that a license holder fails to pay such a fine shall be considered a separate offense subject to an additional $500 fine;

(13) For a failure to comply with any CAP that has been accepted by the department, the fine shall be $500;

(14) For operation of a food service establishment without obtaining a food service license, as required by RSA 143-A:4, the fine shall be $1,000. Each day that a food establishment operates without a license shall be considered a separate offense subject to an additional $500 fine;

(15) For failure to submit a HACCP plan for review if required by the department in accordance with He-P 2304.13, the fine shall be $500;

(16) For failure to display a valid license, in accordance with He-P 2304.02(l), the fine shall be $200;

(17) For failure of an applicant, owner, or person in charge to be present at the time of inspection and demonstrate the knowledge required by section 2-102.11 of the Food Code which are pertinent to the risks inherent to the specific food establishment, in violation of He-P 2305.01(e), the fine shall be $250;

(18) For violating a variance approved in accordance with He-P 2304.14, the fine shall be $500;

(19) For failure to submit a timely renewal application, in violation of He-P 2304.03(b), the fine shall be $75;

(20) For failure of an exempt or non-exempt homestead food operation to label products in accordance with He-P 2310.01(d) or He-P 2311.04, the fine shall be $250 per product line;

(21) For failure of a poultry producer or a rabbit producer to comply with training requirements of He-P 2313.02, the fine shall be $500;

(22) For failure to cooperate during an outbreak investigation in violation of He-P 2313.01, the fine shall be $500;

(23) For failure to maintain files, for at least 90 days, on the receipt of purchase of uninspected poultry or uninspected rabbits in accordance with RSA 143-A:15, II, the fine shall be $500;

(24) For failure to correctly label a menu relative to the sale of uninspected, poultry or uninspected rabbits in accordance with He-P 2314.01, the fine shall be $500;

(25) For failure to comply with the requirements for a certified food protection manager in accordance with He-P 2303.02, the fine shall be $250;

(26) For failure to cease operations after a license has expired, the fine shall be $250. Each day that a license holder fails to cease operation shall be considered a separate offense subject to an additional $50 fine;

(27) For failure to label wild mushrooms or retain records in accordance with RSA 143-A:23, the fine shall be $500;

(28) For failure to maintain files, for at least 90 days, on the receipt of purchase of wild mushrooms, in accordance with RSA 143-A:24, the fine shall be $500; and

(29) For identifying, harvesting, or distributing wild mushrooms without having a license in accordance with RSA 143-A:23, the fine shall be $1000.

(b) Except for violations of (a)(19) above, each day that an individual or licensee continues to be in violation of the provisions of RSA 143, RSA 143-A, or He-P 2300 shall constitute a separate violation and shall be fined in accordance with this section.

(c) Payment of any imposed fine to the department shall meet the following requirements:

(1) Payment shall be made in the form of check, money order, or on-line payment made payable to the "Treasurer, State of New Hampshire" in the exact amount due;

(2) Money order, or certified check shall be required when an applicant or licensee has issued payment to the department by check, and such check was returned for insufficient funds; and

(3) Any payment made to the department by check which is returned for insufficient funds, and which an individual, applicant, or licensee has not made good by submitting money order or certified check within 2 business days of notification by the department, including any penalty assessment allowed by RSA 6:11-a, shall be grounds for revocation of the license.

#6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11; amd by #10199-A, eff 10-12-12

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