A.
Licensing.
(1)
Pre-licensure requirements. As required under RSA 143-A, no person
shall operate a food service establishment or retail food store in
New Hampshire without obtaining a license from the New Hampshire Department
of Health and Human Services or, in the case of self-inspecting municipalities
such as Salem, from the local health department.
(2)
Soup kitchens exempt from licensure. In accordance with RSA 143-A:5-a,
soup kitchens shall be exempt from licensure by the Health Division
provided they do not charge for meals and provided they submit to
the Health Division a written notice which shall:
B.
Application requirements.
(1)
In order to operate a food service establishment or retail food store
pursuant to RSA 143-A, a person shall obtain from the Salem Health
Division the application form titled "food service license application."
(2)
An applicant for a new license or renewal of an existing license
shall submit to the Health Division:
(b)
A check, cash or money order for the applicable fees;
(c)
If the application involves a new or remodeled food service establishment or retail food store, plans and specifications as required by § 270-57;
(d)
If the application is for a food service establishment which commercially processes food, scheduled process pursuant to § 270-55; and
(e)
If the application is for a mobile food unit which uses a commissary,
the identification of the commissary and a copy of the commissary
license.
D.
Water system requirements.
(1)
Food service establishments or retail food stores which operate their
own public water systems, as defined by RSA 485:1-a, which are considered
transient non-community water systems, as defined by NH Env-Dw 103.61,
shall submit as part of their application for a license the United
States Environmental Protection Agency (EPA) identification number
of the system which has been assigned by the New Hampshire Department
of Environmental Services.[1]
(2)
Food service establishments or retail food stores which purchase their water from other public water systems, as defined by RSA 485:1-a, and therefore do not fall under Subsection D(1) above, shall submit as part of their application for a license a written statement identifying the name of the public water system regulated by the New Hampshire Department of Environmental Services which provides their water.
(3)
(4)
The analysis required by Subsection D(3) above shall be conducted not more than 90 days prior to the date of the application by a laboratory certified by the New Hampshire Department of Environmental Services to perform such tests in accordance with NH Env-C 300.
(5)
In order for an application to be approved:[2]
E.
Wastewater system requirements.
(1)
Food service establishments or retail food stores which discharge
their wastewater to either public or private wastewater systems which
hold either a state surface water discharge permit or a groundwater
discharge permit issued by the New Hampshire Department of Environmental
Services shall submit as part of their application a written statement
identifying the name of the municipality, private entity or state
agency operating the wastewater treatment facility which holds the
permit.
(2)
Food service establishments or retail food stores which do not meet the requirements of Subsection E(1) above shall submit, as part of their application, one of the following:
(a)
Both:[3]
[1]
A copy of the construction approval and operational approval
for the sewage or waste disposal system serving the subject food service
establishment or retail food store issued by the New Hampshire Department
of Environmental Services in accordance with RSA 485-A:29 and Env-Wq
1000; and
[2]
A written statement signed by the applicant containing the following
language: "I certify that there has been no increase in the loading
on my system which would cause an exceedance of the capacity of the
system approved by the New Hampshire Department of Environmental Services
under the provisions of NH Env-Wq 1000"; or
(b)
A written statement signed by the applicant containing the following
language: "I certify that the private sewage or waste disposal system
serving my food service establishment or retail food store was constructed
prior to 1971 and is presently not in failure. I further certify that
I have not been notified by either the New Hampshire Department of
Environmental Services or the local health officer that the system
serving my food service establishment or retail food store is in violation
of any state or local statute, administrative rule, ordinance or bylaw."
F.
Processing of applications.
(2)
If all the items required by this section are received, the application
shall be deemed to be complete.
(3)
If an inspection of a food service establishment or retail food store
conducted in accordance with RSA 147 and RSA 143-A determines compliance
with RSA 147, RSA 143, RSA 143-A and this chapter, a license shall
be issued.
(4)
If an inspection of a mobile food unit or other vehicle used for
the retail sale of food determines compliance with RSA 147, RSA 143,
RSA 143-A and this chapter, a license shall be issued.
H.
Expiration of licenses.
(1)
All licenses issued shall be valid for up to one year beginning on
April 1 of each year.
(2)
All licenses shall expire on March 31 of each year.
(3)
All licensees shall be sent an invoice for their license fees approximately
one month prior to the expiration date.
(4)
If a license holder fails to timely submit a complete application
for renewal as required, the food service establishment or retail
food store shall cease operation the day after the license expires
and shall not operate until a license is obtained.
(5)
Any food service establishment or retail food store whose license
has been expired in excess of 90 days shall be treated as an applicant
for a new license.
I.
Change in food service establishment or retail food store ownership.
(1)
When there is a change of ownership of a food service establishment
or retail food store, the new owner shall submit the following to
the Health Division prior to the change of ownership:
(a)
A written request for a new license which shall contain the
following:
[1]
The reason for requesting the license;
[2]
The name of the food service establishment or retail food store
as it appears on the current license;
[3]
The name of the legal owner of the food service establishment
or retail food store which will appear on the new license; and
[4]
The date upon which the change of ownership will take effect;
(b)
A copy of any certificate of amendment of organizational filings
issued by the New Hampshire Secretary of State, if applicable;
(2)
The owner of the previously licensed food establishment or retail
food store shall return the previous license to the Health Division
within 10 days of the date the license is issued to the new owner.
J.
Change in name of food service establishment or retail food store.
(1)
When a license holder intends to change the name of a food service
establishment or retail food store, that license holder shall submit
a written request to the Health Division for a new license at least
30 days prior to the intended date of change in name.
(2)
The written request shall include:
(a)
The reason for requesting a new license;
(b)
The name of the food service establishment or retail food store
as it appears on the existing license;
(c)
The name of the food service establishment or retail food store
as the license holder requests it to appear on the new license; and
(d)
An identification of the date when the change in name is intended
to occur.
(3)
Following receipt of the items required in Subsection J(2) above, the Health Officer shall issue a revised license reflecting the change in name. The license number and expiration date shall remain the same as they were on the immediately preceding license.
(4)
The license holder shall return the previous license to the Health
Division within 10 days of issuance of the revised license.
K.
Change in license class.
(1)
A license holder wishing to request an upgrade to a higher level
class of license shall:
(3)
Following receipt of the request in Subsection K(2) above, the Health Officer shall issue a revised license reflecting the downgrade in class of license. The license number and expiration date shall remain the same as they were on the immediately preceding license.
(4)
The license holder shall return the previous license to the Health
Division within 10 days of issuance of the revised license.
A.
A license applicant or license holder shall submit in a timely manner
plans and specifications to the Health Division for review and approval
prior to:
(1)
Constructing a new food service establishment or retail food store;
(2)
Converting an existing structure for use as a food service establishment
or retail food store;
(3)
Remodeling a food service establishment or retail food store; or
(4)
Relocating a food service establishment or retail food store.
B.
Plans and specifications shall:[1]
(1)
Be submitted in duplicate to the Health Officer, 33 Geremonty Drive,
Salem, NH 03079;
(2)
Be drawn to scale using a scale of less than or equal to 1/4 inch
equals one foot;
(3)
Show all areas of the food service establishment or retail food store,
including food preparation areas and rest rooms;
(4)
Designate all fixed and nonfixed equipment with numbers and a legend
which states what each number represents; and
(5)
Contain the following information printed on the drawing:
C.
The following items, type written or legibly written in ink, shall
be submitted with the plans and specifications:
(1)
A copy of the intended menu;
(2)
A detailed explanation of the method(s) by which potentially hazardous
foods will be cooled and maintained at a temperature below 5°
C. (41° F.) or lower and how hot temperatures will be maintained
above 60° C. (140° F.);
(3)
An explanation of the anticipated volume of food to be stored, prepared,
and sold or served daily;
(4)
Proposed layout, mechanical schematics, construction materials and
finish schedules;
(5)
A list of proposed equipment, including manufacturer, model number,
location, dimension, performance capacity, and installation specifications;
(6)
A detailed description of all special operations, including but not
limited to salad bars, catering or vacuum packaging; and
(7)
A list of names, mailing addresses, and phone numbers of all persons
accountable for design and construction of the establishment.
A.
The Health Division shall deny applications for any license if:
(1)
The applicant has failed to pay any fees imposed or administrative
fines imposed;
(2)
There remain missing or incomplete items, or items that do not meet the requirements of § 270-56, and the applicant has been notified of and given an opportunity to supply such items;
(5)
A food service establishment or retail food store which has had its
previous license revoked does not meet the following upon reapplication:
(7)
The applicant prevents the Health Division from conducting an inspection;
(9)
The applicant is found to be in violation of RSA 143-A or this chapter.
B.
Any applicant aggrieved by the denial of an application may request
the right to be heard to the Board of Health.
A.
Revocation.
(1)
Licenses shall be revoked in accordance with RSA 147:1.
(a)
Pursuant to RSA 147:1, if any establishment is found to be in
violation of the sanitary and health code it may be closed without
a hearing for a ten-day period or until the violation is corrected
and the sanitary condition is approved by the Health Officer. Suspended
licenses shall be reinstated once the establishment is brought into
compliance with all issues cited. The establishment may close voluntarily
prior to the issuance of the closure order. Applicable administrative
fines shall remain in effect.
(b)
If the sanitary or health violations are not corrected within
the ten-day period, the Health Officer may, pursuant to RSA 147:1,
revoke the license to operate the restaurant or other food service
establishment after notice and hearing before the Board of Health.
The establishment may close voluntarily prior to the hearing. Applicable
administrative fines shall remain in effect.
(2)
Any person who has had a license revoked shall be prohibited from
applying to renew his license while it remains revoked.
(3)
If a revoked license expires without having been reinstated, the former license holder shall apply for a new license in accordance with § 270-56 before again operating a food service establishment or retail store in Salem.
(4)
As of September 19, 1988, any failed health inspection of any food
service establishment shall result in a published notice of violation
of this chapter and the applicable administrative fine.
B.
Effect of denial of application, revocation of license or expired
license.
(1)
Any applicant who has been denied a license shall not operate that
food service establishment or retail food store.
(2)
If a license has been revoked or has expired without timely application
for renewal having been made, operation of that food service establishment
or retail food store shall be discontinued immediately.
A.
Comprehensive inspections of food service establishments or retail
food stores, including mobile food units and vehicles used for the
retail sale of food, shall be conducted a minimum of twice per year.
B.
Upon completion of an inspection, the Health Division shall provide
the person in charge of the food service establishment or retail food
store at the time of the inspection with a written inspection report
including:
(1)
The name and address of the food service establishment or retail
food store;
(2)
The date of the inspection;
(3)
The name of the person(s) conducting the inspection;
(5)
The signature of the person in charge of the food service establishment
or retail food store during the inspection, or a notation by the person
conducting the inspection indicating any refusal to sign.
C.
Documentation of inspections.
(1)
The inspection report required by Subsection A above shall include an inspection checklist containing 44 items with debit points which are subtracted from 100 to arrive at the score of the inspection.
(2)
(3)
A minimum score of 70 is required as a passing score.
A.
Procedure for administrative fines.
(1)
Whenever the Health Division determines that a violation of the provisions
of this chapter has occurred, the license holder shall be provided
with a written notice:
(a)
Identifying each violation;
(b)
Informing the license holder of the amount of the proposed fine
under this section; and
(c)
Informing the license holder of the right to be heard before
the Board of Health prior to the imposition of the fine, except that
the license holder shall also be provided notice of the opportunity
to waive the right to a hearing by paying the fine within 10 days
of receipt of the Health Division notice of the proposed administrative
fine.
[1]
If the license holder fails to respond to the Health Division
notice of proposed administrative fine within 10 days of receipt of
notice, the Health Officer shall schedule a hearing before the Board
of Health after providing the license holder with reasonable notice.
[2]
If the license holder fails to comply with the Board of Health's
decision, the Town may enforce that decision through judicial proceedings.
B.
Schedule of administrative fines. Fines for violation of the provisions
of this chapter, as adopted by the Board of Selectmen, are on file
with the Health Division and on the Town of Salem website. Fines shall
not exceed the maximum penalty established pursuant to RSA 31:39,
III.[1]
C.
Form of payment of fees and administrative fines. Whenever an applicant
or license holder makes a payment to the Health Division in satisfaction
of a fee or administrative fine, the following shall apply:
(1)
Payment shall be made in the form of cash, check or money order for
the exact amount due, made payable to the Town of Salem.
(2)
Cash, money order, or certified check shall be required when an applicant
or license holder has issued payment to the Health Division by check
and such check was returned for insufficient funds.
A.
If critical violations are found and cannot be corrected immediately
in the presence of the inspector, the applicant or licensee shall
complete a compliance agreement in the presence of the inspector.
B.
If construction items are found during an inspection for a new or
change of ownership license and cannot be corrected immediately in
the presence of the inspector, the applicant or licensee shall complete
a compliance agreement in the presence of the inspector.
C.
The compliance agreement shall be completed on the compliance agreement
form provided by the inspector.
D.
The following shall be provided on the compliance agreement:
(1)
The date of the agreement;
(2)
The name of the establishment;
(3)
The address of the establishment;
(4)
The name of the person in charge of the establishment at the time
of the inspection;
(5)
The telephone number of the person in charge;
(6)
Attestment to the agreement to make repairs, corrections, and/or
changes that are necessary to bring the establishment into compliance
with this chapter;
(7)
A list of each repair/correction or change to be made, including
the date of intended completion and an explanation as to why the correction
cannot be made immediately;
(8)
The signature of the person in charge;
(9)
Title of the signee;
(10)
Date;
(11)
Signature of the inspector; and
(12)
Establishment license number.
E.
Failure to make the necessary corrections according to the specified
date shall result in the licensee being required to attend a compliance
meeting with the Health Division.
For the purpose of licensure, food service establishments and
retail food stores shall be divided in the following categories:
C.
Class C which shall include:
(1)
Retail food stores with one to two food preparation areas.
(2)
Caterers serving off-site food.
(3)
Food service establishments with 25 to 99 seats.
(4)
Bars and lounges that serve alcohol with a food preparation area.
(5)
Food service establishments which commercially process less than
100,000 units of food per year.
(6)
Packagers of potentially hazardous foods.
D.
Class D which shall include:
F.
Class F which shall include:
(1)
Home delivery services of packaged potentially hazardous foods, including
but not limited to pizza, ice cream, meat and poultry.
(2)
Mobile food units, including but not limited to those serving prepackaged
food and nonpotentially hazardous unwrapped foods only.
(3)
Retail food stores with no food preparation areas only.
(4)
Wholesaler/distributor of food.
(5)
On-site vending machines which serve potentially hazardous foods.
(6)
Sellers of prepackaged frozen meat or poultry.
A.
Food service licensing fees shall be as adopted by the Salem Board
of Selectmen.
