Section He-P 2306.06 - Closure(a) A licensee shall immediately discontinue operations and notify the department at 603-271-4589, or if at night or during weekends at 603-271-5300, if an imminent health hazard shall exist because of an emergency such as: (1) Interruption of water service that lasts for 2 or more hours;(2) Whenever a drinking water sample is found to have E. coli bacteria or exceed the MCL for nitrates or nitrites described by He-P 2304.06(f) ;(3) A failed sewer system or a sewage backup into the food establishment;(4) Interruption of electrical service for 2 or more hours;(5) A fire affecting a food establishment;(6) Flooding in a food establishment;(7) Chemical exposure in a food establishment;(8) Any other natural disaster or catastrophic event that could result in contamination of the food supply;(9) An employee has been found to be infected with a communicable disease as described in Food Code subparagraph 2-201.11 (A) (2); or(10) Any other severe unsanitary conditions that threaten to contaminate the food establishment and its food supply.(b) A licensee shall not be required to discontinue operations in an area of the food establishment that is unaffected by the imminent health hazard.(c) If operations are discontinued as specified in (a) above, the licensee shall obtain approval from the department before resuming operations.(d) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the department may agree to continuing operations in the event of an extended interruption of electrical or water service if: (1) A written emergency operating plan has been approved; (2) Immediate corrective action is taken to eliminate, prevent, or control any food safety risk and imminent health hazard associated with the electrical or water service interruption; and(3) The department is informed upon implementation of the written emergency operating plan. (e) The department shall approve the resumption of operations if the imminent health hazard no longer exists or the licensee has offered a plan to mitigate all threats to health or safety.(f) The failure to include other violations, practices, circumstances, or events in this section shall not be construed as a determination that other violations, practices, circumstances, or events are not or shall not be considered an imminent health hazard.(g) The commissioner's order of an immediate closure of a food establishment shall be in accordance with the provisions of RSA 143:5-a.N.H. Admin. Code § He-P 2306.06
#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.