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 2700 - MILK PRODUCERS, MILK PLANTS, PRODUCER-DISTRIBUTORS, AND DISTRIBUTORS
Part He-P 2703 - APPLICATION, LICENSING, AND INSPECTION OF IN-STATE AND OUT-OF-STATE MILK PLANTS, PRODUCER-DISTRIBUTORS, AND DISTRIBUTORS
Section He-P 2703.07 - Revocation of Licenses

Universal Citation: NH Admin Rules He-P 2703.07

Current through Register No. 52, December 26, 2024

(a) Revocation of a milk license shall occur when:

(1) An in-state milk plant, distributor, or producer-distributor has 4 consecutive violations of the same item and has not entered into a compliance agreement with the department;

(2) A minimum score of 90 on a U.S. Public Health rating conducted by a FDA certified milk sanitation rating officer is not obtained by an out-of-state milk plant and producer-distributor license holder;

(3) An in-state milk plant, distributor, or producer-distributor fails to meet the requirements of a compliance agreement entered into in accordance with He-P 2704.01;

(4) An in-state milk plant or producer-distributor fails to meet quality standards in Mil 301 for 3 out of 5 samples of one or more products and does not enter into a compliance agreement as specified in He-P 2704.01(c); or

(5) There is a violation as described in RSA 184:86.

(b) The department shall revoke a license in accordance with the procedures set forth in RSA 541-A:30, II, and RSA 184:86 and 87.

(c) Rehearing and appeals of decisions of the department, resulting from an adjudicative proceeding, shall be in accordance with RSA 184:94.

(d) Any milk plant, producer-distributor, or distributor which has had a license revoked shall be prohibited from applying to renew their license until 6 months following the date of the revocation.

#7315, eff 7-1-00; ss by #9189, INTERIM, eff7-1-08, EXPIRES: 12-28-08; ss by #9325, eff 11-21-08

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