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RSA 143-A:5 · Exemptions

Title
X: PUBLIC HEALTH
Chapter
143-A · FOOD SERVICE LICENSURE
Status
current
Official source linked
Yes
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143-A:5 Exemptions. – The following establishments and events shall be exempt from departmental licensure and inspection under this chapter, 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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I.

Food service establishments and retail food stores licensed by city health officers under RSA 47:17.

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II.

Food service establishments and retail food stores licensed by town health officers under RSA 147:1.

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III.

Temporary food service establishments and occasional food service establishments and occasional food service events which are not under the jurisdiction of city or town health officers under RSA 147:1 and RSA 47:17.

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IV.

Recreation camps inspected and licensed under RSA 170-E, including recreation camps that offer food to camp families or alumni in the 45 days prior to or after the camp operating season.

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V.

Health care facilities inspected and licensed under RSA 151.

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VI.

Child care facilities inspected and licensed under RSA 170-E.

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VII.

Homestead food operations selling food, excluding potentially hazardous food as defined in RSA 143-A:12, I(b), from the homestead residence, at the owner's own farm stand, at farmers' markets, or at retail food stores.

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VIII.

A farm owned or operated by a federally exempt poultry producer, as defined in RSA 143-A:14, I, and the direct sale of such poultry to the consumer from the producer's farm, at the producer's farm stand, and by the producer at a farmers market, or when sold to a licensed restaurant in accordance with RSA 143-A:14 through RSA 143-A:17.

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IX.

A farm owned or operated by any person, firm, or corporation that raises bison, elk, or red deer for human consumption, and the direct sale within this state of the carcasses, parts, meat, and meat food products of such animals, when slaughtered and processed in accordance with RSA 427:2-a, IV, to the consumer from such farm, at the producer's farm stand, and by the producer at farmers' markets, or when sold to a licensed restaurant in accordance with RSA 143-A:20. Source.Source. 1986, 106:1, eff. Jan. 1, 1987. 2005, 229:5, 6, eff. Sept. 9, 2005. 2012, 163:1, eff. June 7, 2012. 2014, 165:1, eff. Oct. 9, 2014; 171:2, eff. Sept. 9, 2014. 2016, 36:1, eff. July 2, 2016. 2017, 87:3, eff. July 1, 2017; 145:12, eff. Aug. 15, 2017. 2022, 133:1, eff. Aug. 6, 2022; 272:30, eff. June 24, 2022. 2023, 180:1, 2, eff. Oct. 3, 2023. 2025, 28:2, eff. July 13, 2025.

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Source note

Source.Source. 1986, 106:1, eff. Jan. 1, 1987. 2005, 229:5, 6, eff. Sept. 9, 2005. 2012, 163:1, eff. June 7, 2012. 2014, 165:1, eff. Oct. 9, 2014; 171:2, eff. Sept. 9, 2014. 2016, 36:1, eff. July 2, 2016. 2017, 87:3, eff. July 1, 2017; 145:12, eff. Aug. 15, 2017. 2022, 133:1, eff. Aug. 6, 2022; 272:30, eff. June 24, 2022. 2023, 180:1, 2, eff. Oct. 3, 2023. 2025, 28:2, eff. July 13, 2025.

Source history

  • 1986, 106:1, eff. Jan. 1, 1987
  • 2005, 229:5, 6, eff. Sept. 9, 2005
  • 2012, 163:1, eff. June 7, 2012
  • 2014, 165:1, eff. Oct. 9, 2014; 171:2, eff. Sept. 9, 2014
  • 2016, 36:1, eff. July 2, 2016
  • 2017, 87:3, eff. July 1, 2017; 145:12, eff. Aug. 15, 2017
  • 2022, 133:1, eff. Aug. 6, 2022; 272:30, eff. June 24, 2022
  • 2023, 180:1, 2, eff. Oct. 3, 2023
  • 2025, 28:2, eff. July 13, 2025

Related materials

Bill relationships

  • 2026 HB396 amend

    United States Department of Agriculture. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Exemptions; Food Service Licensure. Amend RSA 143-A:5, IX to read as follows: IX. A farm owned or operated by any person, firm, or corporation that raises bison, elk, [or] red deer, cattle, swine, sheep, or goats for human consumption, and the direct sale within this s

  • 2026 SB418 reference

    officers of a town or city under RSA 47:12 shall make regulations requiring licenses, restrictions, or exclusions for activities or products that are exempt under RSA 143‑A:12 or RSA 143-A:5, VII. 2 Effective Date. This act shall take effect upon its passage. HELPFUL LINKS Redistricting Information Ethics Committee Statutory/Study Committees Voting Records Past Member Legislation Driving Directions I

  • 2024 HB122 amend

    entially hazardous food as defined in RSA 143-A:12, I(b), from the homestead residence, at the owner's farm stand, or at farmers' markets. 3 New Paragraph; Homestead Food Operations Licensing Exemptions. Amend RSA 143-A:5 by inserting after paragraph VII the following new paragraph: VII-a. Homestead food operations shall be exempt from all of the following licensing requirements: (a) Hand washing facilities requirements, provid

  • 2024 HB122 reference

    l increases the homestead food operations threshold from $35,000 to $50,000 in annual gross sales. Entities selling less than the threshold amount are not subject to licensure and inspection requirements under RSA 143-A. The Department of Health and Human Services states that since it does not track homestead food operations by gross sales, it is unable to determine how many establishments would no longer require inspections

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