[HISTORY: Adopted by the Town of Bedford 11-14-1970; amended
in its entirety 11-6-2019 by Ord. No. 2019-07. Subsequent amendments
noted where applicable.]
A.
Sanitary production and distribution of food ordinance. The Town
of Bedford, New Hampshire, adopts the New Hampshire Rules for the
Sanitary Production and Distribution of Food He-P2300 with modified
language to reflect local jurisdiction and local regulations in accordance
with RSA 147:1. These rules shall be known as the "Bedford Food Service
Rules 2300" (BFSR 2300) and shall be available for review at the Bedford
Health Department and online at http://www.bedfordnh.org. The Town
of Bedford also adopts all future amendments and revisions to the
New Hampshire Rules for the Sanitary Production and Distribution of
Food. The Town of Bedford shall also abide by any of the requirements
stated in the memorandum of agreement it has entered into with the
New Hampshire Department of Health and Human Service Bureau of Food
Protection. All rules set forth in this chapter shall be at least
as restrictive as those contained in the New Hampshire Rules for the
Sanitary Production and Distribution of Food.
B.
Outdoor beverage bars shall be governed by the "Operational requirements
for outdoor beverage bars" rules based upon the July 2001 California
Conference of Directors of Environmental Health paper titled "Guidelines
for Outdoor Beverage Bars."
C.
Statutory authority. This chapter is adopted pursuant to the authority
provided in RSA 31:39, I(j) and (k), and RSA 471:1.
Where terms are not specifically defined in this chapter, their
meanings shall be derived from adopted codes. Where a term is not
defined under any adopted code, its meaning shall be the ordinarily
accepted meaning within the context that the term is used.
The Bedford Board of Health whose membership shall include
the Bedford Town Council and the Health Officer for the Town of Bedford
per RSA 128:3.
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 Department of Agriculture
in accordance with RSA 426, RSA 427, RSA 428, RSA 429, and RSA 434.
Any fixed or mobile, attended or unattended restaurant; coffee
shop; cafeteria; short-order cafe; luncheonette; grill; tearoom; sandwich
shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside
stand; industrial-feeding establishment; food-processing plants; food-vending
operation; private or public organization or institution, whether
profit or nonprofit, which routinely serves food; catering kitchen;
commissary, or similar place in which food or drink is prepared for
sale or for service on the premises or elsewhere; and any other eating
and drinking establishment or operation in which potentially hazardous
food is served or provided for the public with or without charge.
The Health Officer of the Town of Bedford whose appointment
shall be under the jurisdiction of RSA 128:1.
Memorandum of agreement.
An unenclosed facility operated on the same premises as,
or in conjunction with, a licensed food establishment where any alcoholic
or nonalcoholic beverages are prepared out of doors. This includes
both permanently installed facilities or by way of portable facilities.
An individual, partnership, corporation, association, or
other legal entity.
The individual present in a food-service establishment who
is the apparent supervisor of the food-service establishment at the
time of inspection. If no individual is the apparent supervisor, then
any employee present is the person in charge.
Any establishment or section of an establishment where food
or food products intended for off-premises consumption are offered
to the public. The term includes delicatessens which offer prepared
food in bulk quantities only.
A risk factor violation is a food safety factor identified
in the FDA Food Code as being a priority or priority foundation item.
Bedford Food Service Rules 2300 and Operational Requirements
for Outdoor Beverage Bars.
A.
It shall be unlawful for any person to operate a food-service, food-processing,
or retail food establishment within the Town of Bedford who does not
possess a valid license issued to him or her by the Health Authority.
Only a person who complies with the requirements of this chapter shall
be entitled to receive and retain such a license.
B.
Issuance of licenses and fees. Any person desiring to operate a food-service,
food-processing, or retail food establishment shall make a written
application for a license on forms provided by the Bedford Health
Authority. The Health Authority shall issue a license to the applicant
after receipt of such an application and the designated license fee
and after inspection reveals that the applicable requirements of this
chapter have been met.
C.
Duration and renewal.
(1)
Licenses are granted for a one-year period and must be renewed annually
prior to the given expiration date. The license period shall expire
at midnight of March 31 every year. The fees shall be made payable
to the Town of Bedford. Each food-service facility must have at least
one supervisory staff member attend a food safety seminar annually.
Documentation must be provided to the Health Department verifying
this requirement at the time of license renewal.
(2)
The applicant has the right to notice and to a hearing pursuant to
BFSR 2306-04 before the Department takes any adverse administrative
action affecting an application for the renewal of an existing license.
D.
License fee schedule. Fees for new food-service, food-processing
and retail food establishments and for those establishments under
new ownership, change of name and change of location shall be prorated
on a monthly basis until the date of the assigned licensing period.
License fees are as listed in BFSR 2304.05.
E.
Nontransferability. Licenses shall not be transferable from one person
or place to another person or place. A valid license shall be posted
in every food-service, food-processing, and retail food establishment.
F.
Land use regulations. Licenses shall only be issued for locations
having received location approval from the appropriate land use board.
(1)
Exception: those facilities classified as H, O and T.
G.
Temporary food establishments. Licenses for temporary food establishments
shall be issued for a period of time not to exceed 14 days.
H.
Establishments outside the jurisdiction of the Health Authority.
(1)
Food from service establishments outside the jurisdiction of the
Health Authority of the Town of Bedford may be sold within the Town
of Bedford if such food-service establishments conform to the provisions
of this chapter or to substantially equivalent provisions.
(2)
To determine the extent of compliance with such provisions, the Health
Authority may accept reports from responsible authorities in other
jurisdictions where such food-service establishments are located.
(3)
In those instances when the establishment is unable to provide the
Health Authority with a current inspection report (less than six months
old) from the jurisdiction where the facility is based, the Health
Authority is authorized to require the establishment to secure a temporary
food-service license from the Town of Bedford and be subject to all
provisions of this chapter.
A.
Construction, remodeling, or conversion.
(1)
In addition to any requirements provided under Chapter 275, Zoning, the site plan review regulations, or any other local, state or federal law, when a food-service, food-processing, or retail food establishment is hereafter constructed or extensively remodeled, or when an existing structure is converted to use as a food-service, food-processing, or retail food establishment, properly prepared plans and specifications that are legible and drawn to scale showing layout, arrangement, and construction materials of work areas, including floors, walls, and ceilings, and the location, size, and type of fixed equipment and facilities shall be submitted to the Health Authority for approval.
(2)
A building permit shall not be issued until the Health Authority
has given such approval.
B.
Change of ownership. When an existing food-service, food-processing,
or retail food establishment changes ownership, all existing equipment
not in compliance with Chapter 4 of the FDA Food Code, adopted edition,
shall be replaced with equipment complying with the requirements of
these regulations. A food establishment license shall not be issued
to a new, remodeled, or converted establishment or to an establishment
under new ownership until a sanitary inspection has been completed
showing no risk factor violations.
A.
Mandatory inspections. At least two times per year, the Bedford Health
Officer shall inspect each food-service, food-processing, and retail
food establishment located in the Town of Bedford, New Hampshire.
Additional inspections and reinspections may be made to assure compliance
with the Sanitary Food Code.
B.
Access to establishments.
(1)
The Health Authority, or Health Agent designated by the Health Authority,
after proper identification, shall be permitted to enter at any reasonable
time any food-service, food-processing, and retail food establishments
within the Town of Bedford, New Hampshire, for the purpose of making
an inspection to determine compliance with this chapter.
(2)
The Health Authority or Health Agent shall be permitted to examine
the records of the establishment in order to obtain information pertaining
to food and supplies purchased, received, used, facility records required
under federal regulation 9 CFR 320.1(b)(4)(i), food safety training
records and persons employed. Employees' rights to privacy shall
not be invaded.
C.
Inspection records.
(1)
Whenever the Health Authority or Health Agent makes an inspection
of a food-service, food-processing, or retail food establishment,
the findings shall be recorded on an inspection report form provided
for this purpose, and the Health Authority or Health Agent shall furnish
a copy of the original of such inspection report form to the license
holder or person in charge. The person in charge shall acknowledge
receipt of the inspection report by signing the report. Such form
shall summarize the requirements of the Sanitary Food Code (BFSR 2305.01).
(2)
A license shall be in effect if the sanitary inspection shows no
more than a total number of eight risk factor violations. This total
shall also include repeat violations.
(3)
As required by the MOA, the inspection records must be kept on file
and made available for reviews by the State of New Hampshire Department
of Health and Human Services Food Protection Bureau.
A.
Written notice of violations. Notwithstanding the other provisions
of this chapter, whenever the Health Authority finds unsanitary or
other conditions in the operation of a food-service, food-processing,
or retail food establishments which, in his or her judgment, constitute
a substantial hazard to the public health, or conditions of an approved
site plan not in compliance, a written notice may be issued to the
license holder or operator citing such conditions, the corrective
actions to be taken and may also specify the time period within which
such actions shall be taken.
B.
Issuance of notices.
(1)
Whenever a food-service, food-processing, or retail food establishment
does not meet the requirements of the Sanitary Food Code as listed
on the inspection report form, the license holder or operator shall
be notified of such violations by means of a copy of the inspection
report form or other written notice. In such notification, the Health
Authority shall:
(2)
In the case of temporary food-service establishments, critical violations
must be corrected within a specified period of time not to exceed
24 hours. Failure to comply with such notice shall result in immediate
suspension of the temporary license.
C.
Service of notices.
(1)
Notices provided for under this section shall be deemed to have been
properly served when a copy of the original inspection report form
or other notice has been delivered personally to the license holder
or person in charge, or such notice has been sent by registered or
certified mail, return receipt requested, to the last known address
of the license holder.
(2)
A copy of such notice shall be filed with the records of the Health
Authority. Nothing herein shall preclude a suspension of license and
temporary closing of violators as set forth in these regulations.
D.
Corrective action plan (CAP). The person in charge must enter into
a CAP, as defined by the Sanitary Food Code, with the Health Authority:
(1)
If risk factor violations are found and cannot be corrected immediately
in the presence of the inspector; or
(2)
If construction items, delineated in BFSR 2303.01, are found during
an inspection for a new or change of ownership license, and cannot
be corrected immediately in the presence of the inspector.
(3)
In the case of site plan violations, a corrective action plan must
be entered into with the Bedford Planning Director with a completion
time frame established by mutual agreement.
E.
Suspension of licenses.
(1)
Temporary suspension. Licenses may be suspended temporarily by the
Health Authority for failure of the holder to comply with the requirements
of this chapter.
(2)
Immediate suspension. If it is deemed necessary, the Health Officer
may order that the license be immediately suspended, and all food
operations will be immediately discontinued. Any person to whom such
an order is issued shall comply immediately therewith but, upon written
petition to the Health Authority, shall be offered a hearing within
five days after the Health Authority has received the written petition.
F.
Reinstatement of suspended licenses.
(1)
A license holder whose license has been suspended may, at any time,
make application for a reinspection for the purpose of reinstatement
of the license.
(2)
Within five days following receipt of a written request, including
a statement signed by the applicant that the conditions causing the
suspension of the license have been corrected, the Health Authority
shall make a reinspection. The owner must obtain a sanitary inspection
showing no risk factor violations.
(3)
If the applicant is complying with the requirements of this chapter,
the license shall be reinstated.
G.
Revocation of licenses.
(1)
For failure to fulfill the requirements of a compliance agreement
to correct a critical violation that poses an imminent health hazard
or repeated violations of any of the requirements of this chapter,
or for interference with the Health Authority in the performance of
duties, the license may be permanently revoked after the Health Authority
has provided an opportunity for a hearing.
(2)
Prior to such action, the Health Authority shall notify the license
holder in writing and state the reasons for which the license is subject
to revocation and explain what is necessary to correct the problems,
and advise that the license shall be permanently revoked at the end
of five days following service of such notice, unless a written petition
for a hearing is delivered to the Health Authority by the license
holder or operator within such five-day period. (RSA 143-A:7)
(3)
A license may be suspended for cause pending its revocation or a
hearing relative thereto.
H.
Reinstatement of revoked license.
(1)
Reinstatement of revoked licenses, in accordance with RSA 143-A:8,
shall include:
(a)
A written application to the Health Authority for a reinspection
from the person whose license has been revoked;
(b)
A reinspection by the Health Authority or Health Agent within
10 days of receipt of the written request; and
(c)
The immediate reinstatement of the license if the reasons for
revocation have been corrected.
(2)
If a revoked license expires without having been reinstated, the
former license holder shall apply for a new license before again operating
a food-service establishment or retail food establishment. (BFSR 2304.01)
I.
Hearing.
(1)
The Bedford Board of Health shall conduct the hearings provided for
in this section at the time and place designated by them.
(2)
Based upon the record of such hearing, the Bedford Board of Health
shall make a finding and shall sustain, modify, or rescind any official
notice or order considered in the hearing.
(3)
The Bedford Board of Health shall furnish a written report of the
hearing decision to the license holder and/or operator within five
business days of the hearing.
The Health Officer shall impose administrative fines as outlined
in BFSR 2306.02.
Whenever an applicant or license holder makes a payment to the
Department in satisfaction of a fee or administrative fine, the following
shall apply:
A.
Payment shall be made in the form of cash, check, or money order
for the exact amount due;
B.
Cash, money order, or certified check shall be required when an applicant
or license holder has issued payment to the Department by check, and
such check was returned for insufficient funds;
C.
A check or money order shall be made payable to the "Town of Bedford";
and
D.
Any payment made to the Department by check which is returned for
insufficient funds, and which a license holder has not made good by
submitting cash, money order or certified check within two business
days of notification by the Department, including any penalty assessment
required by RSA 80:56, shall be grounds for revocation of the license.
