Section 143:5-a Closure.
I. The commissioner of the department of health and human services may order immediate:
(a) Closure of any establishment or place where food is produced, manufactured, stored, or sold; or
(b) Discontinuance of use of any car or vehicle used for transportation or distribution of food;
when the physical condition of the establishment, car, or vehicle is such that the health and safety of the public is endangered by unsanitary conditions.
II. The procedure to be followed to effectuate closure under RSA 143:5-a, I shall be as follows:
(a) Whenever an inspector of the department of health and human services finds an establishment or vehicle which is believed to be an imminent danger to the health and safety of the public, he shall immediately notify his supervisor of the situation. Upon such notification, the supervisor shall so notify the commissioner of the department of health and human services.
(b) The commissioner of the department of health and human services shall determine, on the basis of the information provided:
(1) Whether immediate closure is warranted; or
(2) Whether the supervisor or another inspector shall immediately view the situation to corroborate the severity of the danger; or
(3) Whether further information is needed.
(c) If the commissioner of the department of health and human services determines that closure is necessary, he or his designee shall orally notify the manager or owner of the closure. The oral notification shall be followed by a written notification, which shall specify the reasons for the closure, the corrective action required prior to reopening, and the rights and options of the owner under the provisions of RSA 541-A relating to adjudicative proceedings for contested cases.
III. Upon notification under RSA 143:5-a, II(c) and request by the manager or owner of any establishment closed under RSA 143:5-a, I, the department of health and human services shall reinspect the premises for the purposes of reopening. Reinspection shall occur within 48 hours of the request. Reopening of the premises shall be allowed immediately following notification by the inspector to the commissioner of the department of health and human services that the conditions causing closure have been corrected and no longer constitute an imminent health danger.
IV. The department of health and human services shall use the provisions of RSA 541-A:31-36 in any adjudicative proceedings and hearings resulting from closures.
Source. 1985, 376:1. 1994, 412:12. 1995, 310:181, 182, eff. Nov. 1, 1995.