RSA 143-A:12 · Homestead Food License Required

143-A:12 Homestead Food License Required. –

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I.

In this subdivision:

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(a)

"Homestead food operation" means a person who produces homestead food products, excluding potentially hazardous food, only in the home kitchen of that person's primary residence in New Hampshire or a food production area in the person's primary residence that has handwashing, equipment and food storage, food contact surfaces, general sanitation, and pet exclusion areas.

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(1)

As used in this subparagraph:

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(A)

"Handwashing" means an area with access to a hand cleaning station with hot and cold running potable water, soap, and sanitary hand drying provisions.

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(B)

"Equipment and food storage" means an area that allows for food, equipment, and utensils to be stored in a manner that prevents contamination.

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(C)

"Food contact surfaces" means all food contact surfaces in an area able to be cleaned and sanitized.

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(D)

"General sanitation" means an area maintained in a clean and sanitary condition, free from pests and environmental contaminants, whose floors, walls, and ceiling surfaces are durable, smooth and easily cleanable.

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(E)

"Pet exclusion" means an area that allows for the exclusion of pets during food production.

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(2)

A homestead food operation may use commercial kitchen equipment so long as the equipment is able to be cleaned and sanitized in the processing area. For purposes of this subparagraph, "commercial kitchen equipment" means the specialized tools and appliances used in professional kitchens to prepare, cook, and store food and that can withstand heavy use and high-volume cooking.

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(b)

"Potentially hazardous food" means foods requiring temperature control for safety because they are capable of supporting the rapid growth of pathogenic or toxigenic microorganisms, and the growth of toxin production of clostridium botulinum. Potentially hazardous foods also include low acid canned foods.

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(c)

"Homestead food products" means all food except potentially hazardous food, and as defined in rule by the commissioner of the department of health and human services through rulemaking under RSA 143-A:13.

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II.

Homestead food operations selling food, excluding potentially hazardous food, from the homestead residence, at the owner's own farm stand, at farmers' markets, or at retail food stores are exempt from licensure and departmental inspection under this subdivision, except that the department may inspect when the department has reason to suspect an imminent health hazard as defined in RSA 143-A:3, IV-b.

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III.

Homestead food operations that wish to sell food products, excluding potentially hazardous food, to restaurants or other retail food establishments, over the Internet, by mail order, or to wholesalers, brokers, or other food distributors who will resell the homestead product shall be licensed under RSA 143-A:13.

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IV.

Homestead food operations processing and selling freeze dried foods, from the homestead residence, at the owner's own farm stand, at farmers' markets, or at retail food stores shall be licensed under RSA 143-A:4. For the purposes of this section, freeze dried foods means fruits, vegetables, and commercially prepared dairy products.

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V.

(a) All homestead food products sold in packages from the home or farm stand of a homestead food operation shall have one of the following individual labels on each package containing the following information:

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(1)

Name, physical or e-mail address, and phone number of the homestead food operation; name of the homestead food product; the ingredients of the homestead product, in descending order of predominance by weight; and allergy information.

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(2)

Name, physical or e-mail address, and phone number of the homestead food operation; name of the homestead food product; allergy information as established in rules; and a QR code or website where the ingredients of the homestead product, in descending order of predominance by weight, are listed and must be accompanied by a physical sign at the display location where the ingredients of the homestead product, in descending order of predominance by weight are listed.

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(b)

All homestead food products sold in packages from farmers' markets or to restaurants or other retail food establishments, over the Internet, by mail order, or to wholesalers, brokers, or other food distributors who will resell the homestead product shall have individual labels on each package containing the following information: name, physical or e-mail address, and phone number of the homestead food operation; name of the homestead food product; the ingredients of the homestead product, in descending order of predominance by weight; and allergy information. (c)(1) Products made by homestead food operations exempt from licensure shall also be clearly labeled with the following statement: "This product is exempt from New Hampshire licensing and inspection."

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(2)

Products made by nonexempt homestead food operations shall also be clearly labeled with the following statement: "This product is made in a residential food production area licensed by the New Hampshire Department of Health and Human Services." Source. 2006, 133:2, eff. Jan. 1, 2007. 2009, 144:205, eff. July 1, 2009. 2012, 163:2, eff. June 7, 2012. 2013, 136:1, 2, eff. June 27, 2013. 2014, 171:1, eff. Sept. 9, 2014. 2015, 84:1, 2, eff. Aug. 4, 2015. 2017, 87:6, eff. July 1, 2017. 2022, 133:2, eff. Aug. 6, 2022. 2024, 77:1, eff. Aug. 13, 2024. 2025, 18:1, eff. July 13, 2025; 28:1, 3, eff. July 13, 2025; 46:3, 4, eff. July 28, 2025; 193:1, eff. Nov. 12, 2025.

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