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 2310 - HOMESTEAD FOOD OPERATIONS EXEMPT FROM LICENSURE AND INSPECTION
Section He-P 2310.01 - Exempt Homestead Food Operations Requirements

Universal Citation: NH Admin Rules He-P 2310.01

Current through Register No. 40, October 3, 2024

(a) Pursuant to RSA 143-A:5, VII, homestead food operations selling food, excluding potentially hazardous food, from the homestead residence, at the owner's farm stand, at farmers' markets, or at retail food stores shall be exempt from licensure under this subdivision.

(b) Only the following food products shall be produced and sold from exempt homestead food operations:

(1) Baked items, including, breads, rolls, muffins, cookies, brownies, and cakes;

(2) Double-crusted fruit pies;

(3) Candy and fudge;

(4) Packaged dry products, which include spices and herbs;

(5) Acid foods, including vinegars and mustards; and

(6) Jams and jellies.

(c) Exempt homestead food operations shall not produce or sell potentially hazardous foods, including any food which requires refrigeration or processed acidified and low acid canned foods.

(d) All homestead food products made in an exempt homestead food operation shall be sold in packages with individual labels on each package containing the following information:

(1) Name of the homestead food operation;

(2) Address of the homestead food operation;

(3) Phone number of the homestead food operation;

(4) Name of the homestead food product;

(5) All ingredients of the homestead food product in descending order of predominance by weight;

(6) The name of each major food allergen contained in the homestead food product unless it is already part of the common or usual name of the respective ingredient already disclosed in the ingredient statement in (5) above;

(7) The following statement: "This product is exempt from New Hampshire licensing and inspection" in at least the equivalent of 10 point font and a color that provides a clear contrast to the background; and

(8) A product code which identifies the product with a batch number, or a date of manufacture to aid in a recall of the product in case of an imminent health hazard.

(e) Exempt homestead food operations shall follow the standards for non-exempt homestead operations as stated in He-P 2309.03(b) through (t), He-P 2311.06(b) through (i), and shall be exempt from the requirements of the food code.

#2802, eff 8-8-84; ss by #5051, eff 1-22-91; EXPIRED 1-22-97

New. #6503, Interim, eff 4-25-97; EXPIRED 8-23-97

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

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