Section He-P 2304.04 - License Classes(a) For the purpose of licensure, food establishments shall be divided into the following classes: (1) Class A which shall include: a. Category A-1, food processing plants which commercially process 100,000 packages of food or more, per year;b. Category A-2, food service establishments with 200 or more indoor seats; orc. Category A-3, retail food stores with 4 or more food preparation areas;(2) Class B which shall include: a. Category B-1, retail food stores with 2 to 3 food preparation areas; orb. Category B-2, food service establishments with 100 to 199 indoor seats;(3) Class C which shall include:a. Category C-1, retail food stores with one food preparation area, including, an area for cutting cheese or fudge;b. Category C-2, caterers serving food off-site;c. Category C-3, food service establishments with 25 to 99 indoor seats;d. Category C-4, bars or lounges with a food preparation area, excluding areas used for preparing garnish such as limes and lemons;e. Category C-5, food processing plants which commercially process less than 100,000 packages of TCS food per year; orf. Category C-6, cold storage or refrigerating warehouse;(4) Class D, which shall include: a. Category D-1, food service establishments with 0 to 24 indoor seats;b. Category D-2, fraternities and sororities, except those where the members prepare all their own food;c. Category D-3, mobile food units which cook or prepare food;d. Category D-4, retail food stores that allow self-service of food, including coffee, hot dogs, or soft drinks;e. Category D-6, servicing areas; orf. Category D-7, arena or theater concessions serving TCS food;(5) Class E which shall include: a. Category E-1, bed and breakfasts; orb. Category E-3, lodging facilities serving continental breakfasts;(6) Class F which shall include: a. Category F-1, home delivery services of packaged frozen food;b. Category F-2, pushcarts and other mobile food units, including, those serving packaged food and non-TCS unwrapped foods only;c. Category F-3, retail food stores with no food preparation areas;d. Category F-4, wholesalers or distributors of TCS food;e. Category F-5, on-site vending machines or unattended markets, which serve TCS food;f. Category F-6, bakeries which do not serve TCS food and have no seats; org. Category F-7, farm store;(7) Class G shall include: a. Category G-1, bars or lounges without a food preparation area;b. Category G-2, arena or theater concessions serving non-TCS food;c. Category G-3, retail food stores serving pre-packaged ice cream;d. Category G-4, institutions including state, county, and municipal institutions;e. Category G-5, schools, private schools, and schools whose food service is operated by a caterer;f. Category G-6, senior meal sites;g. Category G-7, sellers of pre-packaged frozen meat or poultry that is processed in a USDA-inspected plant; orh. Category G-8, food processing plants that manufacturer or package non-TCS food;(8) Class H, Category H-1, shall include non-exempt homestead food operations; and(9) Class O, Category O-1, shall include municipality-run school cafeterias.(b) When a food establishment operates more than one type of business, the higher class shall determine the class of license, with Class A being the highest.(c) When a food establishment has an additional food processing business, each shall be licensed separately, requiring separate applications and separate fees.(d) When a hospital or school offers food to the general public in addition to its population, then the license class shall be determined by the number of seats the food service establishment has.N.H. Admin. Code § He-P 2304.04
#6722, eff 3-27-98; ss by #7893, eff 5-21-03; ss by #9857-A, eff 2-1-11; amd by #10199-A, eff 10-12-12
Amended by Volume XXXV Number 27, Filed July 9, 2015, Proposed by #10867, Effective 6/25/2015, Expires 6/25/2025.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.Ss by #13428, eff 8/5/2022.