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Ex. DUT-NH-015 Standing duty Primary source read

RSA 147:1 (with RSA 147:3,:4,:11,:16-a and RSA 128:5)

Local Regulations

New Hampshire General Court (administered by town health officers and the Department of Health and Human Services) · New Hampshire (State)

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The record

Jurisdiction
New Hampshire
Level
State
Authority
RSA ch. 147 (Nuisances; Toilets; Drains; Expectoration; Rubbish and Waste); RSA ch. 128 (Health Officers)
Effective
standing
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Business closureStanding duty
Addressees
  • owners or persons in control of premises; restaurants and other food serving establishments; persons generally
Character
sanitary code duty
Collection
Standing duties: New Hampshire DUT-NH

Operative words

any restaurant or other food serving establishment found to be in violation of the sanitary and health code adopted may be closed without a hearing for a 10-day period or until the violation is corrected and the sanitary condition is approved by the local health officer.... III. Any person wilfully violating such regulations shall be guilty of a violation.

Penalty

Closure without hearing for 10 days; license suspension; violation per day (147:1, III; 147:11); vacate orders (147:16-a)

What it required

Town health officers may regulate nuisances and the sanitary and health conditions of food-serving establishments, close a non-compliant establishment without a hearing for ten days and suspend its license after hearing (147:1); they 'shall inquire into all nuisances and other causes of danger to the public health' (147:3), may order owners or occupants to remove a nuisance (147:4), treat continuance as 'a violation for each day' (147:11), and may order premises vacated on 'a clear and imminent danger to the life or health of occupants or other persons' (147:16-a); the town health officer 'shall enforce the public health laws and rules' (128:5, I).

Retrieval note

RSA 147:1-:4,:9-:11,:16-a and RSA 128:5, 128:5-a read on gc.nh.gov Sept. 28, 2026; PDF exhibit rendered from the Wayback capture named in snapshot. Emergency Order #65 recited RSA 128, 141-C and 147 as the authority of local health officers 'to investigate, including inspecting sites on public and private property without the consent of the owners' (Ex. NH-026).