N.H. Admin. Code § He-P 2304.01

Current through Register No. 45, November 7, 2024
Section He-P 2304.01 - Initial License Application Requirements
(a) Each applicant for a license shall complete and submit to the department an application form entitled "Application for New, Change of Ownership, Change in License Class Food Service License" (FSAPP February 2024), "Application for Annual Food Processing Plant License" (FPAPP August 2019), "Application for New Homestead Food Operation License" (HAPP February 2024), or "Application for Annual Mobile Food Unit License" (MFAPP August 2019), as applicable, signed and dated by the applicant or the person who represents the applicant certifying the following:

"I certify that all information provided in or attached to this application is complete, accurate and up-to-date as of the date specified below. I further certify that there are no willful misrepresentations of the answers to questions herein, and that I have made no omissions with respect to any of my answers to the questions presented. I understand that it is my responsibility to immediately notify the Food Protection Section with regard to any changes, corrections, or updates to the information provided."

(b) In addition to submitting the completed application, in (a) above, an applicant shall also submit the following:
(1) A check, money order, or on-line payment by credit card at https://www.dhhs.nh.gov/programs-services/environmental-health-and-you/food-protection for the applicable fee submitted with the application in (1) above, in accordance with He-P 2304.05(a) and (c);
(2) Water system documentation, in accordance with He-P 2304.06, except that food establishments applying to be licensed as a farm store, home delivery services, pushcart and other mobile units, on-site vending machines, retail food stores serving pre-packaged ice cream, and sellers of pre-packaged frozen meat or poultry that is processed in a United States Department of Agriculture (USDA) plant shall not be required to submit such documentation;
(3) Wastewater system documentation, in accordance with He-P 2304.07, except that food establishments in the following categories shall not be required to submit such documentation:
a. Category D-3-mobile cook unit;
b. Category E-1, bed and breakfasts;
c. Category F-1, home delivery services of packaged frozen food;
d. Category F-2, pushcarts and other mobile food units, including, those serving packaged food and non-TCS unwrapped foods only;
e. Category F-3, retail food stores with no food preparation areas;
f. Category F-5, on-site vending machines, which serve TCS food;
g. Category F-7, farm store;
h. Category G-3, retail food stores serving pre-packaged ice cream;
i. Category G-4, institutions including state, county, and municipal institutions;
j. Category G-5, schools, private schools, and schools whose food service is operated by a caterer;
k. Category G-6, senior meal sites;
l. Category G-7, sellers of pre-packaged frozen meat or poultry that is processed in a USDA-inspected plant;
m. Category G-8, food processing plants that manufacturer or package non-TCS food;
n. Class H, Category H-1, non-exempt homestead food operations; and
o. Class O, Category O-1, municipality-run school cafeteria;
(4) A completed "Food Establishment Floor Plan Review Application" (PRAPP February 2024) signed and dated by the applicant, or the person who represents the applicant, if required by He-P 2304.12(a) and if not already submitted to the department for review, and which meets the requirements of the Food Code, unless the applicant is exempt from this requirement as set forth in He-P 2304.12(d);
(5) If the application is for a mobile food unit which uses a servicing area, one of the following:
a. A copy of the food establishment license, from the appropriate regulatory authority, of the facility being used as a servicing area; or
b. A separate license application for the facility to be used as a servicing area;
(6) A hazard analysis and critical control point (HACCP) plan if required by He-P 2304.13; and
(7) A proposed menu or list of food and beverages to be offered.
(c) The applicant shall apply online at, by mail, or hand deliver the fee, as required in (b)(1) above, and all documents to:

Department of Health and Human Services

Bureau of Finance/Receipts Unit. Food Protection

Food Protection Section

129 Pleasant Street

Concord, NH 03301

(603) 271-4589

(d) Applicants seeking a change in license class, a new license, or a new license due to a change of ownership, shall contact the department's food protection section to arrange for an inspection of the establishment no later than 30 days from the date of mailing or delivering the fee and application.

N.H. Admin. Code § He-P 2304.01

#6722, eff 3-27-98; ss by #7893, eff 5-21-03; amd by #9857-A, eff 2-1-11, (paras (a)(2)-(7) & (b)); amd by #9857-B, eff 2-1-11, ((a) intro and (a)(1)); amd by #10199-A, eff 10-12-12 ((a) intro and (a)(1))

Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10956, Effective 10/22/2015, Expires 10/22/2025.
Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10956, Effective 10/22/2015, Expires 10/22/2025.
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.
Amended by Number 10, Filed March 7, 2024, Proposed by #13883, Effective 2/22/2024, Expires 2/22/2034.