Section He-P 2301.01 - Definitions(a) "Acid foods" means "acid foods" as defined by 21 CFR 114.3(a), namely, "foods that have a natural pH of 4.6 or below."(b) "Acidified foods" means "acidified foods" as defined by 21 CFR 114.3(b), namely, "low-acid foods to which acid(s) or acid food(s) are added; these foods include, but are not limited to, beans, cucumbers, cabbage, artichokes, cauliflower, puddings, peppers, tropical fruits, and fish, singly or in any combination. They have a water activity (aw) greater than 0.85 and have a finished equilibrium pH of 4.6 or below. These foods may be called, or may purport to be, 'pickles' or 'pickled'. Carbonated beverages, jams, jellies, preserves, acid foods (including such foods as standardized and non standardized food dressings and condiment sauces) that contain small amounts of low-acid food(s) and have a resultant finished equilibrium pH that does not significantly differ from that of the predominant acid or acid food, and foods that are stored, distributed, and retailed under refrigeration are excluded from the coverage of this part."(c) "Applicant" means the owner of a food establishment or an officer of the legal ownership who applies for a license under these rules.(d) "Bed and breakfast" means a type of food service establishment that is a transient lodging facility, which is the owner's or innkeeper's personal residence, is occupied by the owner or innkeeper at the time of rental to an in-house guest, and in which breakfast is the only meal served to in-house guests, with the exception for service of a snack.(e) "Beverage" means "beverage" as defined in RSA 143:9.(f) "Caterer" means a person or entity which provides meals or food at private functions at off-site locations.(g) "Certified food protection manager" means the person in charge who has shown proficiency of required information through passing a test that is part of an accredited program or as stated in 2-102.12(A) of the Food Code.(h) "Change of ownership" means any time a controlling interest in a sole proprietorship, joint venture, partnership, corporation, limited liability company, or any other kind of entity is transferred to another sole proprietor, joint venture, partnership, corporation, limited liability company, or any other kind of entity.(i) "Commissioner" means the commissioner of the New Hampshire department of health and human services, or the commissioner's designee.(j) "Continental breakfast" means a light breakfast that includes items such as coffee, tea, juices, toasts, breakfast cereals, assorted pastries, and uncut fruit.(k) "Corrective action plan (CAP)" means a plan developed and written by the licensee, which specifies the actions that will be taken to correct identified deficiencies.(l) "Critical control point" means a point or procedure in a specific food system where loss of control might result in an unacceptable health risk.(m) "Critical limit" means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard might occur.(n) "Department" means the New Hampshire department of health and human services.(o) "Exempt homestead food operation" means a homestead food operation whose homestead food products are only for sale directly to the consumer from the homestead residence, the owner's farm stand, at farmers' markets, or at a retail food store. An exempt homestead food operation is not a type of food service establishment.(p) "Farm store" means a retail food store with no food preparation areas and no running water that offers locally grown or produced foods only.(q) "Food" means "food" as defined in RSA 143-A:3, III.(r) "Food Code" means the U.S. Department of Health and Human Services, Public Health Services, Food and Drug Administration, Food Code, 2017 edition.(s) "Food establishment" means when both a food service establishment and retail food store are referenced together.(t) "Food processing plant" means "food processing plant" as defined in RSA 143-A:3, IV-a, namely "a type of food service establishment that is a commercial operation that processes food for human consumption and provides processed food for sale and distribution to other business entities, such as other food establishments. The term does not include an operation that processes food under the oversight of the New Hampshire department of agriculture in accordance with RSA 426, RSA 427, RSA 428, RSA 429, and RSA 434." This term includes "cold storage" or "refrigerating warehouse".(u) "Food service establishment" means "food service establishment" as defined in RSA 143-A:3, IV.(v) "Foodborne disease outbreak" means the occurrence of 2 or more cases of a similar illness resulting from the ingestion of a common food.(w) "Harvester" means a person who forages for and harvests wild mushrooms for sale to a distributor, food establishment, or to the public.(x) "Homestead food operation" means "homestead food operation" as defined in RSA 143-A:12, I(a).(y) "Homestead food products" means foods which are not potentially hazardous food, as defined in (am) below, that are made at a homestead food operation, and are limited to the following: (1) Baked items, including, breads, rolls, muffins, cookies, brownies, and cakes;(2) Double-crusted fruit pies;(4) Packaged dry products, which include spices and herbs;(5) Acid foods, including, vinegars and mustards; and(z) "Identifier" means "identifier" as defined in RSA 143-A:21, VI, namely, "a person who identifies wild mushrooms collected by a harvester on behalf of a distributor or a food establishment."(aa) "Immediately endangers public health or safety" means that a condition exists that is an imminent health hazard.(ab) "Imminent health hazard" means "imminent health hazard" as defined in RSA 143-A:3, IV-b, namely, "a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury or illness."(ac) "License" means the document issued by the department or other regulatory agency, which authorizes a license holder to operate a food establishment.(ad) "License holder" means the entity legally responsible for the operation of a licensed food establishment, including, the owner, the owner's agent, or other person.(ae) "Low-acid foods" means "low-acid foods" as defined by 21 CFR 114.3(d), namely, "any foods, other than alcoholic beverages, with a finished equilibrium pH greater than 4.6 and a water activity (aw) greater than 0.85. Tomatoes and tomato products having a finished equilibrium pH less than 4.7 are not classed as low-acid foods."(af) "Major food allergen" is a food that contains proteins that may cause the immune system of certain individuals to react in a manner which is harmful to health. The foods that account for most reactions are those containing milk, egg, various fish to include bass, flounder, cod, or various crustacean shellfish to include crab, lobster, or shrimp, tree nuts to include almonds, pecans, or walnuts, wheat, peanuts, sesame, and soybeans, or a food ingredient that contains protein derived from the aforementioned foods.(ag) "Mobile food unit" means a food service establishment mounted on wheels or otherwise designed to be immediately moveable. This term does not include a food service establishment which is required to meet the wastewater requirements in He-P 2304.07.(ah) "Mushroom" means "mushroom" as defined in RSA 143-A:21, III, namely, "the fleshy, spore-bearing, fruiting body of a fungus."(ai) "Mushroom distributor" means a person who purchases wild mushrooms from a harvester and sells to food establishments or direct to the public. Mushroom distributor does not include food establishments.(aj) "Non-exempt homestead food operation" means a homestead food operation who wishes to sell homestead food products, as defined in (x) above, to restaurants or other retail food establishments, over the Internet, by mail order, or to wholesalers, brokers, or other food distributors for resale. A non-exempt homestead food operation is a type of food service establishment.(ak) "Package" means a quantity or an amount of food that is bottled, canned, cartoned, securely bagged, or securely wrapped.(al) "Person in charge" means the individual present at a food establishment who is responsible for the operation of the establishment at the time of inspection, including the duties described in section 2-103.11 of the Food Code, and who can demonstrate the knowledge required by section 2-102.11 of the Food Code which are pertinent to the risks inherent to that specific food establishment.(am) "Potentially hazardous food" means "potentially hazardous food" as defined in RSA 143-A:12, I(b), namely, "foods requiring temperature control for safety because they are capable of supporting the rapid growth of pathogenic or toxigenic microorganisms, and the growth of toxin production of clostridium botulinum. Potentially hazardous foods also include processed acidified and low acid canned foods." This term includes "time/temperature control for safety (TCS) food."(an) "Poultry" means "poultry" as defined in RSA 143-A:14, III.(ao) "Poultry producer" means "poultry producer" as defined in RSA 143-A:14, IV.(ap) "Priority item" means a provision of the Food Code, marked with a superscript P,P, whose application contributes directly to the elimination, prevention, or reduction to an acceptable level, hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard.(aq) "Public water system" means "public water system" as defined in RSA 485:1-a, XV.(ar) "Pushcart" means a type of food service establishment that is a non-self propelled vehicle limited to serving non-time/temperature control for safety foods, packaged time/temperature control for safety foods maintained at proper temperatures, or limited to the preparation and serving of frankfurters.(as) "Rabbit" means "rabbit" as defined in RSA 143-A:14, VI.(at) "Rabbit producer" means "rabbit producer" as defined in RSA 143-A:14, VII.(au) "Regulatory authority" means the local, state, or federal enforcement body having jurisdiction over the food establishment.(av) "Remodeled" means having undertaken construction, which includes, but is not limited to, adding new seats or a food preparation area, or any construction affecting the kitchen or any other part of a food establishment that requires a plumbing modification.(aw) "Retail food store" means "retail food store" as defined in RSA 143-A:3, VII.(ax) "Sanitization" means the cumulative heat or chemicals on cleaned food contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance.(ay) "Servicing area" means an operating base location to which a mobile food unit or transportation vehicle returns regularly for such things as vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food.(az) "Sewage" means "sewage" as defined in RSA 485-A:2, X, namely, "the water-carried waste products from buildings, public or private, together with such groundwater infiltration and surface water as may be present."(ba) "Soup kitchen" means a food service establishment that prepares or distributes food to the public without charge.(bb) "Snack" means a small portion of food served in between meals limited to non-potentially hazardous foods, such as baked goods that may be prepared on site or food prepared by handling ready to eat food or by reheating commercially made food.(bc) "Tier 1 mushroom" means "tier 1 mushroom" as defined in RSA 143-A:21, VIII, namely "a wild mushroom which is easily identified, that has no toxic look-alikes, and which is unlikely to cause illness in humans."(bd) "Tier 2 mushroom" means "tier 2 mushroom" as defined in RSA 143-A:21, IX, namely "a wild mushroom which is difficult to identify, may have toxic look-alikes, or may cause illness in some humans."(be) "Time/temperature control for safety (TCS) food" means a food that requires time/temperature control for safety to limit pathogenic microorganism growth or toxin formation. This term includes "potentially hazardous food."(bf) "Unattended market" means an operation that provides packaged foods or whole fruit using an automated payment system, and has controlled entry not accessible by the general public.(bg) "Uninspected bison, elk, or red deer" means "uninspected bison, elk, or red deer" as defined in RSA 143-A:18.N.H. Admin. Code § He-P 2301.01
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Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10956, Effective 10/22/2015, Expires 10/22/2025.Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10956, Effective 10/22/2015, Expires 10/22/2025.Amended by Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12852, Effective 8/20/2019, Expires 8/20/2029.Ss by #13428, eff 8/5/2022.Amended by Number 10, Filed March 7, 2024, Proposed by #13883, Effective 2/22/2024, Expires 2/22/2034.