2016 New Hampshire Revised Statutes
Title X - PUBLIC HEALTH
Chapter 143-A - FOOD SERVICE LICENSURE
Section 143-A:12 - Homestead Food License Required.

    143-A:12 Homestead Food License Required. –
    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 RSA 143-A:13.
    II. Homestead food operations selling less than a maximum annual gross sales of $20,000 of 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 under this subdivision.
    III. Homestead food operations that exceed the $20,000 maximum annual gross sales limit 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 RSA 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.''

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.