This chapter is adopted under the authority granted to towns
in RSA 31:39, I(k), to license food service establishments pursuant
to RSA 147:1, RSA 143 and RSA 143-A, as these laws exist and as they
may be amended in the future. On February 8, 1988, the Salem Board
of Health adopted fees and licensing categories referred to as Salem
Chapter 196, Sanitary Food Code, for all food service establishments
pursuant to this authority. Revisions were adopted on November 18,
1996. This chapter is based on NH He-P 2300, New Hampshire Rules for
the Sanitary Production and Distribution of Food, adopted by the New
Hampshire Legislature on March 26, 1998, and by the Salem Board of
Selectmen on October 19, 1998, as it exists and as it may be amended
in the future. In the event of differences in the two documents, the
more stringent shall apply.
[Note: On June 6, 1979, the New Hampshire Senate and House of Representatives in General Court approved Chapter 173 (SB 226). This bill established regulations for food service establishments in the Town of Salem. This bill was adopted by the Town and went into effect on November 1, 1979. The Town later adopted Chapter 196, Sanitary Production and Distribution of Food, which also incorporated the State Food Code, NH He-P 2300, by reference. The State of New Hampshire adopted the 2009 FDA Food Code in 2011. Due to the adoption by reference section in Chapter 196 (now Chapter 270), the Town of Salem enforces the Food Code regulations as codified in the 2009 FDA Food Code.]
The purpose of this chapter is to ensure that the health of
the public is protected from the consumption of food contaminated
by food service establishments or retail food stores during storage,
preparation, service or display and to ensure that food service establishments
and retail food stores have adequate facilities and procedures in
place to minimize contamination during storage, preparation, service
and display of food.
As used in this chapter, the following terms shall have the
meanings indicated:
The presence of a hazard which does not pose the likelihood
of causing an unacceptable health risk.
Foods that have a natural pH of 4.6 or below.
Low-acid foods to which acid(s) or acid food(s) is added,
which result in a water activity greater than 0.85 and have a finished
equilibrium pH of 4.6 or below. These foods include, but are not limited
to, beans, cucumbers, cabbage, artichokes, cauliflower, puddings,
peppers, tropical fruits, and fish, singly or in any combination.
As defined in RSA 146:3.
American National Standards Institute.
The filling of a commercially sterile, cooled product into
presterilized containers, followed by hermetic sealing, with a presterilized
closure in an atmosphere free of microorganisms.
Water activity which is a measure of the free moisture in
a food and is the quotient of the water vapor pressure of the substance
divided by the vapor pressure of pure water at the same temperature.
A transient lodging facility which is the owner's personal
residence, is occupied by the owner at the time of rental to a patron,
and in which the only meal served to in-house guests is breakfast.
Requires a commercial kitchen.
As defined in RSA 143:9.
Water that is sealed in bottles, packages, or other containers
and offered for sale for human consumption, including bottled mineral
water.
Processed or unprocessed food in aggregate containers from
which quantities desired by the consumer or the employees are withdrawn.
The term "bulk food" does not include fresh whole fruits or fresh
whole vegetables.
A unique combination of letters and numbers assigned by the
New Hampshire Department of Health and Human Services or a shellfish
control authority which is legally responsible for administering a
program that includes certification of molluscan shellfish harvesters
and dealers for interstate commerce according to the provisions of
the National Shellfish Sanitation Program.
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.
Cleaned in place by the circulation or flowing by mechanical
means through a piping system of a detergent solution, water rinse,
and sanitizing solution onto or over equipment surfaces that require
cleaning, including but not limited to the method used, in part, to
clean and sanitize a frozen dessert machine. "CIP" does not include
the cleaning of equipment, including but not limited to band saws,
slicers, or mixers, that is subjected to in-place manual cleaning
without the use of a CIP system.
The method of determining the value of the pH of a food product
using indicator dyes in solutions that gradually change color over
limited pH ranges.
A room or building, or any part thereof, used for food preparation
which meets all the requirements of this chapter and is not a residential
kitchen.
The condition achieved by the application of heat, chemical
sterilants, or other treatments or by the control of water activity
with the application of heat that renders the equipment, containers
and thermally processed foods free of viable microorganisms, including
spores, of public health significance, as well as microorganisms of
nonhealth significance, capable of reproducing in the food under normal
nonrefrigerated conditions of storage and distribution.
Reduced in size by methods including chopping, flaking, grinding,
or mincing. "Comminuted" includes fish or meat products that are reduced
in size and restructured or reformulated, including but not limited
to gefilte fish, gyros, ground beef, and sausage, and a mixture of
two or more types of meat that have been reduced in size and combined,
such as sausages made from two or more meats.
A catering establishment, restaurant, or any other place
licensed in which food, containers, or supplies are kept, handled,
prepared, packaged, cleaned or stored.
The Commissioner of the New Hampshire Department of Health
and Human Services.
Any food such as, but not limited to, chutney, ketchup, mayonnaise,
mustard and relish that is used to enhance the flavor of other foods.
A food-borne disease outbreak in which laboratory analysis
of appropriate specimens identifies a causative organism and epidemiological
analysis implicates the food as the source of the illness.
Inspection sheet items 8, 14, 29, 31, 34, 36 and 45 to 54
which are structural components of the food service establishment
or retail food store.[1]
A person who is a member of the public, takes possession
of food, is not functioning in the capacity of an operator of a food
service establishment, retail food store or food service establishment
that commercially processes food, and does not offer the food for
resale.
Packaging of a product in a modified atmosphere followed
by maintaining subsequent control of that atmosphere.
A specialized process of reduced oxygen packaging where large
volumes of food are cooked, sealed in heat-stable cooking bags from
which air has been expelled and rapidly chilled.
A material that maintains surface cleanability characteristics required by § 270-17 under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment.
A point or procedure in a specific food system where loss
of control results in an imminent health hazard.
Any property, characteristic, condition, aspect, or other
parameter, variation of which may affect the scheduled process and
the attainment of commercial sterility.
An inspection item on the inspection sheet that is depicted
in red; a violation or hazard that is associated with foodborne illness
or injury.[2]
Criteria that must be controlled to ensure prevention, elimination,
or reduction of hazards within safety parameters determined by the
HACCP Plan for each preventive measure associated with the critical
control point.
A condition which occurs when one or more of the critical
factors indicated in the scheduled process are not met or when failure
to meet a required critical limit for a critical control point raises
a question regarding the public health, safety and/or commercial sterility
of the product.
The cleaning and sanitizing of food-contact surfaces of equipment
and utensils.
Potable water that meets the requirements of NH Env-Dw 700.[3]
A characteristic of a surface that:
Allows effective removal of soil by normal cleaning methods;
Is dependent on the material, design, construction, and installation
of the surface; and
Varies with the likelihood of the surface's role in introducing
pathogenic or toxigenic agents or other contaminants into food based
on the surface's approved placement, purpose, and use.
Weighing 14 kg, 30 pounds, or less, mounted on casters, gliders,
or rollers, or provided with a mechanical means requiring no more
than 14 kg, 30 pounds, of force to safely tilt a unit of equipment
for cleaning; and
Having no utility connection, a utility connection that disconnects
quickly, or a flexible utility connection line of sufficient length
to allow the equipment to be moved for cleaning of the equipment and
adjacent area.
The license holder, person in charge, person having supervisory
or management duties, person on the payroll, family member, volunteer,
person performing work under contractual agreement, or other person
working in a food service establishment or retail food store.
An article that is used in the operation of a food service
establishment or retail food store, including but not limited to a
freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in
refrigerator, scale, sink, slicer, stove, table, temperature measuring
device for ambient air, vending machine, or dishwashing machine. "Equipment"
does not include items used for handling or storing large quantities
of packaged foods that are received from a supplier in a cased or
overwrapped lot, including but not limited to hand trucks, forklifts,
dollies, pallets, racks, and skids.
Individuals who are more likely than other consumers to experience
food-borne disease, including but not limited to persons who:
The pH of the product usually taken 24 hours after processing
to ensure all components of the product have been acidified equally.
Fresh or saltwater finfish, crustaceans, and other forms
of aquatic life, including but not limited to alligator, frog, aquatic
turtle, jellyfish, sea cucumber, and sea urchin and the roe of such
animals, other than birds or mammals, and all mollusks, if such animal
life is intended for human consumption. "Fish" also includes an edible
human food product derived in whole or in part from fish, including
fish that have been processed in any manner.
Any raw, cooked or processed edible substance, ice, beverage
or ingredient used or intended for use or for sale in whole or in
part for human consumption or as defined in RSA 143-A:3.
An incident in which two or more persons experience a similar
illness after ingestion of a common food and epidemiological analysis
implicates the food as the source of illness, or a single case of
illness such as one person ill from botulism or chemical poisoning.
A surface or a utensil with which food normally comes into
contact, or a surface of equipment or a utensil from which food may
drain, drip, or splash back into a food or onto a surface normally
in contact with food.
An individual working with unpackaged food, food equipment
or utensils, or food-contact surfaces in a food service establishment
or retail food store.
A separate and individual sink unit, with one or more compartments,
which is used exclusively in conjunction with food preparation or
production, included but not limited to the washing of fresh produce
and the thawing of frozen food.
Any fixed or mobile restaurant; temporary food service establishment;
coffee shop; cafeteria; short-order cafe; luncheonette; grill; tea
room; sandwich shop; soda fountain; tavern; bar; cocktail lounge;
nightclub; roadside stand; industrial feeding establishment; food
vending operation; home food manufacturing site and bed-and-breakfast
facility, whether attended or unattended; private, public or nonprofit
organization or institution routinely serving food; catering kitchen;
commissary or similar place in which food or drink is prepared for
sale or service on the premises or elsewhere; and any other eating
or drinking establishment or operation where food is served or provided
for the public with or without charge.
Hazard Analysis Critical Control Point principles developed
by the National Advisory Committee on Microbiological Criteria for
Foods.
A written document that delineates the formal procedures
for following the Hazard Analysis Critical Control Point principles
developed by the National Advisory Committee on Microbiological Criteria
for Foods.
A biological, chemical, or physical property that may cause
an imminent health hazard.
The Salem Health Division unless otherwise noted.[4]
A container that is designed and intended to be secure against
the entry of microorganisms and, in the case of low acid canned foods,
to maintain the commercial sterility of its contents after processing.
A group of persons who are more likely than other populations
to experience food-borne disease because they are:
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 based
on the number of potential injuries and the nature, severity, and
duration of the anticipated injury.
The paper tape treated with indicator dye which changes color
when dipped into the sample solution of the food product which determines
the approximate value of the pH of the food when the color is compared
to a standard color chart.
The aqueous solutions used in comparing the test color of
a solution of a food product to a set of color standards in which
the comparison determines an approximate value of pH.
Manipulating a meat so that infectious or toxigenic microorganisms
may be introduced from its surface to its interior through tenderizing
with deep penetration or injecting the meat as with juices which may
be referred to as "injecting," "pinning" or "stitch pumping."
Those inspection report items which are checked during an
inspection of a food service establishment, retail food store, or
food service establishment that commercially processes food.
Food preparation and storage utensils.
The document issued by the Salem Health Division which authorizes
a license holder to operate a food service establishment or retail
food store in the Town of Salem.
The person legally responsible for the operation of a licensed
food service establishment or retail food store, including but not
limited to the owner, the owner's agent, or other person.
Fabric items including but not limited to cloth hampers,
cloth napkins, tablecloths, and work garments, including cloth gloves.
The amount of a product produced during a period of time
indicated by a specific code.
Any foods with a finished equilibrium pH greater than 4.6
and a water activity greater than 0.85, except alcoholic beverages
and tomatoes or tomato products having a finished equilibrium pH less
than 4.7.
An operation that prepares and packages nonpotentially hazardous
food using a residential kitchen. Residential kitchen food preparation,
production and distribution is prohibited in the Town of Salem without
a fully licensed commercial kitchen.
The flesh of animals used as food, including but not limited
to dressed flesh of cattle, swine, sheep, or goats and other edible
animals, except fish and poultry, that is offered for human consumption.
Milligrams per liter, which is the metric equivalent of parts
per million (ppm).
A food service establishment mounted on wheels or otherwise
designed to be immediately moveable.
Packaging of a product in an atmosphere which has had a one-time
modification of gaseous composition so that it is different from that
of air, which normally contains 78.08% nitrogen, 20.96% oxygen, and
0.03% carbon dioxide.
Any edible species of fresh or frozen oysters, clams, mussels,
and scallops or edible portions thereof, except when the scallop product
consists only of the shucked adductor muscle.
A planned sequence of observations or measurements of critical
limits designed to produce an accurate record and intended to ensure
that the critical limit maintains product safety.
The pH of the raw product.
Bottled, canned, cartoned, securely bagged, or securely wrapped,
whether packaged in a food service establishment, a retail food store
or a food service establishment processing food. "Packaged" does not
include a wrapper, carry-out box, or other nondurable container used
to containerize food with the purpose of facilitating food protection
during service and receipt of the food by the consumer.
Either the license holder or an individual designated as
such by the license holder or the individual with whom the inspector
communicates during the inspection.
The symbol for the negative log of the hydrogen ion concentration,
which is a measure of the degree of acidity or alkalinity of a solution.
A receptacle or device that is permanently or temporarily
connected to the water distribution system of the premises and demands
a supply of water from the system or discharges used water, waste
materials, or sewage directly or indirectly to the drainage system
of the premises.
The water supply and distribution pipes; plumbing fixtures
and traps; soil, waste, and vent pipes; sanitary and storm sewers
and building drains, including their respective connections, devices,
and appurtenances within the premises; and water-treating equipment.
Substances that are not intended for ingestion and are included
in four categories including:
Cleaners and sanitizers, which include cleaning and sanitizing
agents and agents including but not limited to caustics, acids, drying
agents, polishes, and other chemicals;
Pesticides, which include substances such as insecticides and
rodenticides;
Substances necessary for the operation and maintenance of the
establishment, including but not limited to non-food-grade lubricants
and personal care items that may be deleterious to health; and
Substances that are not necessary for the operation and maintenance
of the establishment and are on the premises for retail sale, including
but not limited to petroleum products and paints.
A food including but not limited to:
An animal food or a food of animal origin that is raw or heat
treated; or
A food of plant origin that is heat treated or consists of raw
seed sprouts;
Cut melons; and
Garlic and oil mixtures that are not acidified or otherwise
modified at a food service establishment that processes food in a
way that results in mixtures that do not support the rapid and progressive
growth of infectious or toxigenic microorganisms or the growth and
toxin production of Clostridium botulinum.
The method used to determine the value of pH of a food product
with the use of a pH meter or potentiometer.
Any domesticated bird, including but not limited to chickens,
turkeys, ducks, geese, or guineas, whether live or dead.
A system for the provision of piped water for human consumption
that is not a public water supply as defined in RSA 485.
An operation that manufactures, thermally processes, and/or
packages food in a licensed commercial kitchen.
An operation that manufactures, processes, and/or packages
food using a residential kitchen. This type of operation is prohibited
in the Town of Salem.
Those processing institutions approved by the State of New Hampshire Department of Health and Human Services and listed in § 270-54.
A public water system as defined in RSA 485:1-a.
A non-self-propelled vehicle limited to serving nonpotentially
hazardous foods, commissary-wrapped food maintained at proper temperatures,
or limited to the preparation and serving of frankfurters.
Food that is in a form that is edible without washing, cooking,
or additional preparation by the food service establishment, retail
food store or the consumer and that is reasonably expected to be consumed
in that form, including but not limited to:
Raw, washed, and cut fruits and vegetables;
Whole raw fruits and vegetables that are presented for consumption
without the need for further washing, such as at a buffet; and
Other food presented for consumption for which further washing
or cooking is not required and from which rinds, peels, husks, or
shells are removed.
A procedure for removing product from distribution and/or
the marketplace for products that are contaminated.
Recombining dehydrated food products with water or other
liquids.
The reduction of the amount of oxygen in a package by mechanically
evacuating the oxygen, displacing the oxygen with another gas or combination
of gases, or otherwise controlling the oxygen content in a package
to a level below that normally found in the surrounding atmosphere,
which is 21% oxygen. "Reduced oxygen packaging" includes methods that
may be referred to as modified atmosphere, controlled atmosphere,
low oxygen, and vacuum packaging, including sous vide and cook-chill.
The local, state or federal authority having jurisdiction
over the food service establishment, retail food store or food service
establishment processing food.
Undertaking construction which involves adding new seats
or adding food preparation area or affects the kitchen or any other
part of a food service establishment or retail food store that requires
service by piped water.
The kitchen in a private residence where only the family
customarily prepares food for consumption.
Any establishment or section of an establishment where food
and food products are offered to the consumer and intended for off-premises
consumption. The term includes delicatessens that offer prepared food
in bulk quantities only. The term does not include establishments
that handle only prepackaged, nonpotentially hazardous foods; roadside
markets that offer only fresh fruits and fresh vegetables for sale;
food service establishments; or food and beverage vending machines
or "retail food store" as defined in RSA 143-A:3, VII.
Any closed vessel or other equipment used for thermal processing
of low acid foods under pressure.
The application of cumulative heat or chemicals on cleaned
food-contact surfaces that, when evaluated for efficacy, is sufficient
to yield a reduction of five logs, which is equal to 99.999% reduction
of representative disease microorganisms of public health importance.
The process selected by the processor under the conditions
of manufacture for a given product to achieve commercial sterility.
An operating base location to which a mobile food establishment
or transportation vehicle returns regularly for such things as discharging
liquid or solid wastes, refilling water tanks and ice bins, and boarding
food.
Sewage as defined in RSA 485-A:2, X.
A state, federal, foreign, tribal or other government entity
legally responsible for administering a program that includes certification
of molluscan shellfish harvesters and dealers for interstate commerce.
Raw, in-shell molluscan shellfish.
Molluscan shellfish that have one or both shells removed.
Tableware, carry-out utensils, and other items, including
but not limited to bags, containers, placemats, stirrers, straws,
toothpicks, and wrappers, that are designed and constructed for one-time,
one-person use.
Utensils and bulk food containers designed and constructed
to be used once and discarded. Single-use articles also include but
are not limited to wax paper, butcher paper, plastic wrap, formed
aluminum food containers, jars, plastic tubs or buckets, bread wrappers,
pickle barrels, ketchup bottles, and Number 10 cans.
The process of moderating the temperature of a food, such
as allowing a food to gradually increase from a temperature of -23°
C. (-10° F.) to -4° C. (25° F.), in preparation for deep-fat
frying or to facilitate even heat penetration during the cooking of
previously block-frozen food, including but not limited to spinach.
A food-contact surface having a surface free of pits and
inclusions with a cleanability equal to or exceeding that of 100 grit,
Number 3 stainless steel; and a non-food-contact surface of equipment
having a surface equal to that of commercial grade hot-rolled steel
free of visible scale; and a floor, wall, or ceiling having an even
or level surface with no roughness or projections that render it difficult
to clean.
Solid waste as defined in RSA 149-M:4.
A food service establishment operated by a charitable organization,
including religious societies and fraternal organizations organized
pursuant to RSA 292, RSA 306, and RSA 418, that prepares and serves
meals to the poor without charge.
A specialized process of reduced oxygen packaging where raw
or partially cooked food is placed in a pouch which is vacuum sealed,
cooked or pasteurized, then rapidly chilled and refrigerated.
A trained animal, including but not limited to a Seeing Eye
dog, that accompanies a person with a disability to assist in managing
the disability and enables the person to perform functions that the
person would otherwise be unable to perform.
Equipment that is not portable and is designed to be mounted
off the floor on a table, counter, or shelf.
Eating, drinking, and serving utensils for table use, including
but not limited to flatware, including forks, knives, and spoons;
hollowware, including but not limited to bowls, cups, serving dishes,
and tumblers; and plates.
A thermometer, thermocouple, thermistor, or other device
that indicates the temperature of food, air, or water.
Any food service establishment which operates at a fixed
location for a temporary period of time not to exceed two weeks, in
connection with a fair, carnival, circus, public exhibition or similar
transitory gathering.
The application of heat to food, either before or after sealing
in a hermetically sealed container, for a period of time and at a
temperature scientifically determined to ensure destruction of microorganisms
of public health significance.
A method or the process of determining the acidity of a food
in terms of the smallest amount of reagent of known concentration
required to bring about a given effect in reaction with a known volume
of test solution.
Any food-contact implement or container used in the storage,
preparation, transportation, dispensing, sale or service of food,
such as kitchenware or tableware that is multiuse, single-service,
or single-use; gloves used in contact with food; and food temperature
measuring devices.
A process that reduces the amount of air from a package and
hermetically seals the package so that a near-perfect vacuum remains
inside the package.
Any self-service device that, upon insertion of a coin, paper
currency, token, card or key, dispenses unit servings of food in bulk
or in packages without the necessity of replenishing the device between
each vending operation.
The room, enclosure, space, or area where one or more vending
machines are installed and operated and includes the storage and servicing
areas on the premises that are used in conjunction with the vending
machines.
Methods, procedures, and tests used to determine if the HACCP
system in use is in compliance with the HACCP plan.
A.Â
Condition.
(3)Â
Ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded as specified in § 270-14B shall be discarded.
(4)Â
Food that is contaminated by food employees, consumers, or other
persons through contact with their hands, bodily discharges, including
but not limited to nasal or oral discharges, or other means shall
be discarded.
(5)Â
(6)Â
Retail food store or food service establishment operators shall not
apply sulfiting agents to fresh fruits and vegetables intended for
raw consumption nor serve or offer for sale for raw consumption these
foods if so treated before receipt by others, with the exception of
grapes.
(9)Â
Shellstock shall meet the requirements of NH He-P 2150.03(a).
B.Â
Sources.
(1)Â
Food in food service establishments and retail food stores shall
be obtained from sources that comply with all laws relating to food
and food labeling.
(2)Â
Food that is not from an approved source as specified in this section
shall be discarded.
(3)Â
Food in hermetically sealed containers that was not prepared in a
food service establishment that commercially processes food shall
not be sold or used by food service establishments or retail food
stores.
(5)Â
All bottled water used or served in food service establishments or
retail food stores shall be from a source which is licensed or registered
by the New Hampshire Department of Health and Human Services in accordance
with RSA 143:10.
(6)Â
Molluscan shellfish shall be obtained from sources certified under
RSA 143:21.
(7)Â
Fish, other than molluscan shellfish, intended for consumption in
their raw form shall be:
(8)Â
Raw and frozen shucked shellfish shall be obtained in nonreturnable
packages legibly bearing:
(9)Â
Food service establishments and retail food stores shall not sell
or provide fish unless they are commercially caught or harvested.
(10)Â
Molluscan shellfish which have been recreationally caught or
harvested shall not be sold by license holders.
(11)Â
For highly susceptible populations:
(a)Â
Pasteurized shell eggs or pasteurized liquid, frozen or dry
eggs or egg products shall be substituted for raw shell eggs in the
preparation of:
[1]Â
Foods including but not limited to Caesar salad, hollandaise or bernaise sauce, mayonnaise, eggnog, ice cream, and egg-fortified beverages that are not cooked as specified in § 270-6; and
[2]Â
Cooked eggs if the eggs are broken, combined in a container,
and not cooked immediately or if the eggs are held before service
following cooking.
(b)Â
Apple juice, apple cider, and other beverages containing apple
juice shall be obtained pasteurized or in a commercially sterile shelf-stable
form in a hermetically sealed container.
