Section He-P 2305.01 - Inspections(a) For the purpose of determining compliance with RSA 143, RSA 143-A, and He-P 2300, as authorized by RSA 143:4 and RSA 143-A:6, II, the applicant or licensee shall admit and allow any department representative at any time to enter and inspect the following: (1) The licensed food establishment, including any mobile food units or vehicles used by the licensee for the transportation or retail sale of food; and(2) Any records required by RSA 143-A and He-P 2300, or pertaining to food and supplies purchased and distributed by the food establishment.(b) At the time of inspection, or upon request, the applicant or licensee shall provide the department with the following: (1) A list of persons employed; and (2) Samples of food for bacteriological, chemical, and physical examination.(c) The department shall conduct an inspection to determine full compliance with RSA 143, RSA 143-A, and He-P 2300, prior to: (1) The issuance of a provisional license; (2) The issuance of a full license:(3) A change in ownership;(4) A change in the licensee's physical location; (5) An upgrade in the license class; (6) Occupation of space after construction, renovations, or structural alterations; or (7) The renewal of a license when the department has determined, in the interest of public health and based on the licensee's inspection and compliance history, that a renewal inspection is warranted.(d) In addition to (c) above, the department shall conduct an inspection: (1) Whenever the department has reason to believe a condition exists that places the food establishment in non-compliance with RSA 143, RSA 143-A, or He-P 2300; and(2) As necessary to verify compliance with any corrective action plan (CAP) accepted by the department as part of an inspection.(e) The applicant, owner, or person in charge shall be present at time of inspection.(f) Upon completion of the inspection, the department shall complete a written inspection report in accordance with Food Code Annex 7, Form 3-A and Guide 3-B, or in the case of food processing plants and homesteads a "Food Processing Plant Inspection Report".(g) The inspection report shall contain:(1) Specific factual observations of deficiencies which violate He-P 2300 or the Food Code and which require correction; and (2) For all food establishments except food processing plants, a color designation, described in (i) below, based on the results of the inspection findings. (h) The applicant, owner, or person in charge shall acknowledge receipt of the inspection report by signing the inspection report.(i) Color designations shall be as follows: (1) Green if there are no priority item violations identified or if all priority item violations identified are corrected immediately and permanently at the time of the inspection;(2) Yellow if there are priority item violations identified and are not corrected immediately and permanently at the time of the inspection; and(3) Red if it is determined that an imminent health hazard exists at the time of the inspection, the establishment has a failed corrective action plan or if the food establishment is found to be operating without a current, valid license.N.H. Admin. Code § He-P 2305.01
#6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11
Amended by Volume XXXIX Number 10, Filed March 7, 2019, Proposed by #12729, Effective 2/21/2019, Expires 8/20/2019.Amended by Volume XXXIX Number 37, Filed September 12, 2019, Proposed by #12852, Effective 8/20/2019, Expires 8/20/2029.