Section He-P 2303.02 - Requirements for Food Protection Manager Certification(a) The following categories as listed in He-P 2304.04 shall be exempt from the requirement for a certified food protection manager as defined in He-P 2301.01(g): (1) Category A-1, food processing plants which commercially process 100,000 packages of food or more, per year;(2) Category C-5, food processing plants which commercially process less than 100,000 packages of TCS food per year;(3) Category C-6, cold storage or refrigerating warehouse;(4) Category D-4, retail food stores that allow self-service of food, including coffee, hot dogs, or soft drinks;(5) Category D-6, servicing areas;(6) Category E-1, bed and breakfasts;(7) Category E-3, lodging facilities serving continental breakfasts;(8) Category F-1, home delivery services of packaged frozen food;(9) Category F-2, pushcarts and other mobile food units, including, those serving packaged food and non-TCS unwrapped foods only;(10) Category F-3, retail food stores with no food preparation areas;(11) Category F-4, wholesalers/distributors of TCS food;(12) Category F-5, on-site vending machines or unattended markets, which serve TCS food;(13) Category F-6, bakeries which do not serve TCS food and have no seats;(14) Category F-7, farm store;(15) Category G-1, bars/lounges without a food preparation area;(16) Category G-2, arena/theater concessions serving non-TCS food;(17) Category G-3, retail food stores serving pre-packaged ice cream;(18) Category G-7, sellers of pre-packaged frozen meat or poultry that is processed in a USDA-inspected plant; or(19) Category G-8, food processing plants that manufacturer or package non-TCS food.(b) A food establishment that is in process of initial licensing shall have a certified food protection manager within first 45 days of the initial licensing inspection.(c) If a food establishment's certified food protection manager ceases his/her employment and renders the food establishment out of compliance with food manager certification requirements, the establishment shall have 90 days to come into compliance.(d) Food establishments that have at least one certified food protection manager on staff shall not be required to have the certified food protection manager present during hours of operation when no food preparation is taking place.(e) Food establishments having at least one certified food protection manager on staff shall not be required to have the certified food protection manager present when food preparation is limited to reheating commercially prepared food or ready to eat food.(f) Food establishments having 5 food employees or less on duty are required to have only one certified food protection manager on staff who is available, although not required to be present, during all hours of operation.(g) A food establishment shall have available the exam certificate of each certified food protection manager for review by inspection staff.N.H. Admin. Code § He-P 2303.02
Derived from 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.