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 2309 - SPECIAL REQUIREMENTS FOR FOOD PROCESSING PLANTS
Section He-P 2309.03 - Food Processing Plant Standards

Universal Citation: NH Admin Rules He-P 2309.03

Current through Register No. 40, October 3, 2024

(a) Those food establishments licensed as food processing plants shall be exempt from the requirements of the Food Code and shall instead comply with the requirements in this section.

(b) All food shall be from an approved source, as follows:

(1) "Approved source" means a source of food that has been inspected by a federal, state, or local agency that has the authority, responsibility, and the technical ability to evaluate food for safety in protection of public health;

(2) Raw agricultural plant commodities and products under the oversight of New Hampshire department of agriculture under RSA 426, RSA 427, RSA 428, RSA 429, and RSA 434 that do not require inspection shall be considered to be from an approved source; and

(3) Poultry that is exempt from federal inspection under the Poultry Products Inspection Act 21 USC 464(c) (4) shall not be considered to be from an approved source.

(c) All food products shall be stored in original containers. If food products are removed from the original container, they shall be stored in labeled and closed containers. Containers shall be of a material that will not cause the food to become adulterated.

(d) All food shall be in sound condition, free from spoilage, filth, or other contamination, and shall be safe for human consumption.

(e) All TCS food shall be refrigerated at 41°F or lower, or held at 135°F or higher, to control bacterial growth.

(f) Food storage facilities shall be kept clean and located to protect food from unsanitary conditions or contamination from any source at all times.

(g) The floors, walls, ceilings, utensils, machinery, equipment, and supplies in the food preparation area and all vehicles used in the transportation of food shall be kept thoroughly clean.

(h) All food contact surfaces shall be kept clean and undergo sanitization as frequently as necessary to protect against the contamination of food.

(i) All food contact surfaces shall be non-toxic, easy to clean, smooth, nonabsorbent, and free of cracks or open seams.

(j) All food shall be protected against insects and rodents at all times. Outside doors, windows, and other openings shall be fitted with screens and self-closing doors, if not otherwise protected. No dogs, cats, or other pets shall be allowed in the room where food is prepared or stored.

(k) All garbage and refuse shall be kept in containers and removed from the premises regularly to prevent insects and rodents, offensive odors, or health or fire hazards. Garbage and refuse containers shall be durable, easy to clean, insect- and rodent-resistant, and of material that neither leaks nor absorbs liquid.

(l) Employees shall be free from contagious or communicable diseases, sores, or infected wounds, and shall keep their hair covered and restrained.

(m) Employees shall keep themselves and their clothing clean. Hands shall be washed as frequently as necessary to maintain good sanitation.

(n) Employees shall not smoke while handling or preparing food or in food preparation or storage areas.

(o) All establishments shall have an adequate supply of hot and cold potable water under pressure from an approved source.

(p) All establishments shall have toilet facilities, which do not open directly into food processing areas, equipped with a hand washing lavatory, complete with hot and cold potable water under pressure and hand soap. A supply of sanitary towels or a hand-drying device providing heated air shall be conveniently located near the hand-washing facility.

(q) Hand sinks shall be conveniently located to all food processing areas.

(r) Adequate lighting shall be provided where food is stored, processed, or examined.

(s) Adequate ventilation shall be provided to eliminate objectionable odors and vapors, including steam, and constructed in such a manner as to avoid possible airborne contamination.

(t) Poisonous or toxic materials shall be stored so they cannot contaminate food, equipment, utensils, linens, and single-service, and single-use articles.

(u) Food processing plants shall comply with all provisions of the state plumbing code as included as part of the state building code defined in RSA 155-A:1, IV, as amended by the building code review board pursuant to RSA 155-A:10, V.

#9857-A, eff 2-1-11

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