TITLE X
PUBLIC HEALTH

CHAPTER 143-A
FOOD SERVICE LICENSURE

Section 143-A:6

    143-A:6 Application; Issue; Fee. –
I. Upon receipt of an application in writing from a new food service establishment or retail food store, or a food service establishment or retail food store which has changed ownership, or a food service establishment or retail food store which has had its previous license revoked, the commissioner may issue a provisional license, valid for up to 90 days, if the commissioner determines that the applicant's plan for operation and facilities are sufficient under rules adopted under RSA 143-A:9. Notwithstanding RSA 541-A, any individual denied a full license at the end of the 90-day period shall immediately shut down his or her establishment, unless otherwise ordered by a court of competent jurisdiction.
II. Within 45 days of issuance of a provisional license issued under this section or RSA 143-A:8, the commissioner may, if deemed necessary, conduct an inspection. If following such inspection the commissioner determines that the applicant's operation and facilities are sufficient under rules adopted under RSA 143-A:9, the commissioner shall issue to the applicant a license valid for a time period of one year following the date of issuance of the provisional license. Notwithstanding RSA 541-A, any individual denied a full license at the end of the 90-day period shall immediately shut down his or her establishment, unless otherwise ordered by a court of competent jurisdiction.
III. Upon receipt of an application for renewal of a license from an existing food service establishment or retail food store, the commissioner may, if deemed necessary, conduct an inspection. If the commissioner determines that the applicant's operation and facilities are sufficient under rules adopted under RSA 143-A:9, the commissioner shall issue to the applicant a new license valid for one year.
IV. Licenses and provisional licenses are not transferable.
V. The commissioner shall charge a fee for each license application processed and for each plan review conducted; provided that the commissioner shall charge only one fee for the provisional license and the license.
VI. From the amounts collected by the commissioner under paragraph V, up to $300,000 each fiscal year may be included in the state biennial operating budget as restricted revenue to support the activities required in this chapter. The state treasurer shall credit all moneys received under this paragraph, and interest received on such money, to the public health services special fund, established under RSA 143:11, from which the department shall pay expenses incident to the administration of this chapter.

Source. 1986, 106:1. 1989, 408:14. 1990, 193:6. 1995, 308:23; 310:183. 1997, 256:2. 1999, 307:8, eff. Sept. 14, 1999. 2005, 229:3, eff. Sept. 9, 2005. 2012, 114:3, eff. July 1, 2012. 2017, 87:4, 5, eff. July 1, 2017; 156:223, eff. July 1, 2017. 2021, 122:38, eff. July 9, 2021.