AI-assisted research summary: This section lets the commissioner issue short-term provisional beverage licenses if stated health and product conditions are met, requires inspections and later full licensing when those conditions are satisfied, and sets fee rules and a nontransferability rule.
I. (a) Upon receipt of an application in writing from a new beverage manufacturer, or from a beverage manufacturer that has changed ownership, or from a beverage manufacturer which has had its previous license revoked, the commissioner of the department of health and human services may issue a provisional license, valid for up to 90 days, if the commissioner determines that the applicant's plant is properly equipped and in a sanitary condition and that the products manufactured there are not adulterated or misbranded. Any beverage manufacturer which has had its license revoked shall not be eligible to apply for a provisional license until it (1) presents a plan for the correction of any deficiencies which led to the specific revocation, and (2) passes a food safety class, subsequent to the revocation of the license, meeting the standards of the Conference for Food Protection. In order to fulfill the requirements of this section, the new remedial plan shall first receive the approval of the commissioner. 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. (b) Within 45 days of issuance of a provisional license under this section, the commissioner shall conduct an inspection. If, following inspection, the commissioner determines that the applicant's plant is properly equipped and in a sanitary condition and that the products manufactured there are not adulterated or misbranded, the commissioner shall issue a license valid until the January 1 next 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. (c) Upon receipt of an application for renewal of a license from an existing beverage manufacturer, the commissioner may conduct an inspection. If the commissioner determines that the applicant's plant is properly equipped and in a sanitary condition and that the products manufactured there are not adulterated or misbranded, the commissioner shall issue a new license valid until the January 1 next following the date the license was issued. (d) Licenses and provisional licenses issued pursuant to this section shall not be transferable. II. Annual graduated license fees and license classes shall be set by rules adopted by the commissioner, pursuant to RSA 541-A. Fees shall be based on the administrative costs associated with this subdivision. III. There is hereby established in the state treasury the public health services special fund, which shall be kept separate and distinct from all other funds. The fund shall be nonlapsing and continually appropriated to the department of health and human services. All fees collected under this subdivision shall be forwarded to the state treasurer who shall credit all such moneys and interest received on such money, to the fund from which the department of health and human services shall pay all the expenses of the department incident to the administration of this subdivision. Source: Source. 1925, 107:1. PL 137:10. RL 162:13. RSA 143:11. 1977, 563:16. 1982, 42:4. 1995, 310:175, 183. 1997, 155:2. 1999, 307:5, 6, eff. Sept. 14, 1999. 2005, 229:1, eff. Sept. 9, 2005. 2021, 122:36, eff. July 9, 2021.