New Hampshire Revised Statutes 143-A:12 – Homestead Food License Required
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I. In this subdivision:
(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.
(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 processed acidified and low acid canned foods.
(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 N.H. Rev. Stat. § 143-A:13.
II. Homestead food operations selling less than the maximum annual gross sales of food as defined in N.H. Rev. Stat. § 143-A:5, VII, 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 N.H. Rev. Stat. § 143-A:3, IV-b.
III. Homestead food operations that exceed the maximum annual gross sales of food as defined in N.H. Rev. Stat. § 143-A:5, VII or homestead food operations who 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 N.H. Rev. Stat. § 143-A:4.
IV. All homestead food products sold in packages from the home kitchen, farm stand of a homestead food operation, at farmers’ markets, or at retail food stores shall have individual labels on each package containing the following information: name, 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. 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.” Products made by nonexempt homestead food operations shall also be clearly labeled with the following statement: “This product is made in a residential kitchen licensed by the New Hampshire Department of Health and Human Services.”
(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.
Terms Used In New Hampshire Revised Statutes 143-A:12
- farm: means any land, buildings, or structures on or in which agriculture and farming operations or activities are carried out or conducted and shall include the residence or residences of owners, occupants, or employees located on such land. See New Hampshire Revised Statutes 21:34-a
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
(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 processed acidified and low acid canned foods.
(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 N.H. Rev. Stat. § 143-A:13.
II. Homestead food operations selling less than the maximum annual gross sales of food as defined in N.H. Rev. Stat. § 143-A:5, VII, 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 N.H. Rev. Stat. § 143-A:3, IV-b.
III. Homestead food operations that exceed the maximum annual gross sales of food as defined in N.H. Rev. Stat. § 143-A:5, VII or homestead food operations who 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 N.H. Rev. Stat. § 143-A:4.
IV. All homestead food products sold in packages from the home kitchen, farm stand of a homestead food operation, at farmers’ markets, or at retail food stores shall have individual labels on each package containing the following information: name, 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. 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.” Products made by nonexempt homestead food operations shall also be clearly labeled with the following statement: “This product is made in a residential kitchen licensed by the New Hampshire Department of Health and Human Services.”