Section He-P 2154.01 - Inspections(a) For the purpose of determining compliance with RSA 143:20-28 and He-P 2150-2159, as authorized by RSA 143:4 and RSA 143:22, the applicant or certificate holder shall admit and allow any department representative at any time to enter and inspect all facilities, activities, equipment, vehicles, and records pertaining to shellfish processing, holding, or transportation.(b) Inspections shall be conducted: (1) Prior to issuance of a certificate;(2) At a frequency not less than as specified in Section II, Chapter I @.02 F.(1) in the NSSP Guide; and(3) Whenever the department has reason to believe a condition exists that places the dealer in non-compliance with RSA 143:20-28 and He-P 2150-2159.(c) The dealer shall agree to a compliance schedule to address any new deficiencies not corrected by the dealer during the inspection.(d) After the dealer is certified, the department shall make unannounced inspections of the dealer's facilities during periods of activity, and at the following minimum frequencies:(1) Within 30 days of beginning production if the dealer was certified on the basis of a pre-operational inspection;(2) At least monthly for dealer facilities certified as depuration processors;(3) At least quarterly for production activities certified as shucker-packer or repacker; and(4) At least semiannually for other dealer activities.(e) To be eligible for the department's performance based inspection program (PIP), the dealer shall have demonstrated a history of satisfactory compliance for the previous 3-year period, including, but not limited to, the following: (1) Full compliance with the minimum inspection frequency listed in (d) above;(2) Annual recertification of the dealer by the department, with no lapses in certification;(3) Verification that no critical deficiencies, no more than one key deficiency, and no more than 2 other deficiencies have occurred in any one inspection;(4) Correction of all identified deficiencies in accordance with the compliance schedule approved by the department; and(5) No repeat deficiencies.(f) The minimum frequency of inspection under a PIP shall be no less than one inspection per certification period. The recertification inspection shall qualify as the required minimum inspection frequency.N.H. Admin. Code § He-P 2154.01
Derived from Volume XXXIV Number 46, Filed November 13, 2014, Proposed by #10704, Effective 10/23/2014, Expires10/23/2024.Amended by Number 10, Filed March 9, 2023, Proposed by #13569, Effective 2/25/2023, Expires 2/25/2033.