A New Hampshire food service license is issued by the Department of Health and Human Services (DHHS) Food Protection Section, and no one may operate a food service establishment or retail food store in the state without one unless the business qualifies for a specific exemption.1New Hampshire General Court. New Hampshire Code 143-A:4 – License Required The license lasts one year, costs between $100 and $875 depending on the type and size of the operation, and comes with ongoing obligations: a certified food protection manager on staff, unannounced inspections against the state’s food code, and administrative fines that start at $250 and climb to $2,000 for the most serious violations.
Who Needs a License
The licensing requirement covers a wide range of businesses. Restaurants, bars, bakeries, caterers, grocery stores, mobile food units, bed-and-breakfasts, wholesale distributors, and vending machines that serve temperature-controlled foods all need a license from the DHHS commissioner before they can operate.1New Hampshire General Court. New Hampshire Code 143-A:4 – License Required
Licenses are tied to the operator, not the location. A change of ownership triggers a new application, so buying an existing restaurant does not mean inheriting its license.2New Hampshire General Court. New Hampshire Code 143-A:6 – Application, Issue, Fee
How the Licensing Process Works
New applicants receive a provisional license valid for up to 90 days. Within 45 days, DHHS may inspect the premises. If the operation and facilities meet the standards in the department’s rules, the commissioner converts the provisional license into a full license valid for one year.2New Hampshire General Court. New Hampshire Code 143-A:6 – Application, Issue, Fee
If the inspection is not passed and a full license is not issued by the end of the 90-day provisional period, the establishment must shut down immediately. New applicants must contact the Food Protection Section to arrange that initial inspection no later than 30 days after submitting the fee and application.3New Hampshire Department of Health and Human Services. He-P 2300 Sanitary Production and Distribution of Food
Renewal follows a similar path. When an existing licensee applies to renew, DHHS may inspect and, if the establishment still meets the rules, issues a new one-year license. Only one fee covers both the provisional and full license at initial application, and the commissioner charges a separate fee for any required plan review.2New Hampshire General Court. New Hampshire Code 143-A:6 – Application, Issue, Fee
License Fees by Establishment Type
Annual license fees under the DHHS fee schedule range from $100 to $875. A few common categories:
- Large restaurant, 200 or more seats: $875
- Mid-size restaurant, 25 to 99 seats: $350
- Small restaurant, 0 to 24 seats: $225
- Mobile cook unit: $225
- Off-site caterer: $350
- Retail food store with no food preparation area: $150
- Bed and breakfast: $175
- Bakery with no temperature-controlled food: $150
These fees support the Food Protection Section’s operations through the public health services special fund.4New Hampshire Department of Health and Human Services. Fee Schedule for Permitting of Food Service Establishments and Retail Food Stores
When You Don’t Need a License: Homestead Food Operations
Not every food business needs a state license. A “homestead food operation” is a person who makes non-hazardous food products in the kitchen or a designated production area of their primary residence. Shelf-stable foods like baked goods, jams, granola, candy, and dried herbs are permitted. Foods that need temperature control for safety, including dairy products, meats, and low-acid canned goods, are not.5New Hampshire General Court. New Hampshire Code 143-A:12 – Homestead Food License Required
If you sell those products directly, from your home, your own farm stand, farmers’ markets, or to retail food stores, you are exempt from DHHS licensing and routine inspections. DHHS can still inspect if it suspects an imminent health hazard.6New Hampshire General Court. New Hampshire Code 143-A:5 – Exemptions
The exemption narrows the moment you sell beyond those channels. Selling to restaurants, over the internet, by mail order, or through wholesalers and distributors who will resell your products requires a homestead food license. The commissioner sets the specific requirements and fees for that license through rulemaking.7New Hampshire General Court. New Hampshire Code 143-A:13 – Rulemaking
Whether or not you need a license, your production space must meet basic sanitation standards: hot and cold running water for handwashing, cleanable food-contact surfaces, proper storage of food and equipment, general cleanliness, and the ability to keep pets out during production. Commercial kitchen equipment is allowed as long as it can be properly cleaned and sanitized in your production area.5New Hampshire General Court. New Hampshire Code 143-A:12 – Homestead Food License Required
Other narrow exemptions cover small poultry producers selling directly to consumers or licensed restaurants, and farms selling bison, elk, or red deer meat slaughtered and processed in accordance with state law.6New Hampshire General Court. New Hampshire Code 143-A:5 – Exemptions
Certified Food Protection Manager Requirement
Every licensed food establishment must have a certified food protection manager (CFPM) on staff. New establishments have 45 days from the initial licensing inspection to meet the requirement. If your certified manager leaves, you have 90 days to certify a replacement before the establishment falls out of compliance.3New Hampshire Department of Health and Human Services. He-P 2300 Sanitary Production and Distribution of Food
The rules are practical about presence. If no food preparation is happening, the certified manager does not need to be there. If the only “preparation” is reheating commercially prepared or ready-to-eat food, the manager does not need to be there either. Establishments with five or fewer food employees on duty need just one certified manager on staff, available (though not necessarily present) during all hours of operation. Exam certificates must be accessible for inspectors to review.
To become certified, a manager passes an exam from a provider accredited through the ANSI-CFP Accreditation Program. ServSafe, offered through the National Restaurant Association, is the most widely recognized option, but several other accredited programs exist. Exam and proctoring fees typically run between $40 and $180 depending on the provider. Failing to maintain a certified manager on staff carries a $250 administrative fine.3New Hampshire Department of Health and Human Services. He-P 2300 Sanitary Production and Distribution of Food
What Inspections Cover
DHHS Food Protection inspectors show up unannounced. How often they visit depends on the establishment’s risk profile. A business handling raw meats, preparing food from scratch, or serving vulnerable populations is inspected more frequently than a convenience store stocking only prepackaged items.
During an inspection, officials check refrigeration and holding temperatures, cross-contamination prevention, employee handwashing, food storage methods, and general facility cleanliness. New Hampshire’s food code is based on the FDA Food Code, so state standards mirror federal benchmarks for temperature, sanitation, and employee hygiene.8New Hampshire Department of Health and Human Services. Food Protection Laws and Rules
Violations fall into two categories. Priority items pose a direct risk to health and require immediate correction, such as food held at unsafe temperatures or evidence of pest contamination. Non-critical violations, like chipped floor tiles or a missing paper towel dispenser, typically come with a correction window. All findings are recorded in a public inspection report. Repeating the same priority violation across more than two consecutive inspections triggers a $500 administrative fine on top of any required corrective action.3New Hampshire Department of Health and Human Services. He-P 2300 Sanitary Production and Distribution of Food
The applicant, owner, or person in charge must be present during inspections and demonstrate knowledge of the food safety risks specific to the operation. Failing that requirement carries a $250 fine. Blocking inspectors from accessing the premises, vehicles, or records is one of the most expensive single violations at $2,000.
Fines and License Revocation
New Hampshire enforces food safety through administrative fines, license actions, and, in serious cases, criminal prosecution. The fine structure is specific and escalates with severity. Common administrative fines include:
- Operating without a license: $1,000, plus $500 for each additional day the establishment continues to operate unlicensed9Legal Information Institute. New Hampshire Administrative Code He-P 2306.02 – Administrative Fines
- Refusing to cooperate with an inspection: $2,000
- Repeated priority item violation on three or more consecutive inspections: $500
- Harvesting or distributing wild mushrooms without a license: $1,000
- Failure to maintain wild mushroom records: $500
- No certified food protection manager: $250
- Owner or person in charge not present at inspection, or unable to demonstrate required knowledge: $250
Each day a violation continues counts as a separate offense, so fines can compound quickly. Under the state’s food, drug, and cosmetic law in RSA 146, administrative fines for additive violations cannot exceed $200 for a first offense and $500 for each subsequent offense.10New Hampshire General Court. New Hampshire Code 146:11 – Rules and Regulations
Beyond fines, DHHS can revoke a license when an establishment repeatedly violates the rules. Under RSA 143-A:7, repeated violations of legally applicable rules are grounds for revocation.11New Hampshire General Court. New Hampshire Code 143-A:7 – Revocation of License A revoked establishment must go through the full new-application process, including a provisional license and inspection, before it can reopen. In cases involving gross negligence or intentional misconduct, criminal prosecution is possible. New Hampshire classifies crimes as felonies, misdemeanors (Class A or Class B), and violations under RSA 625:9, and serious food safety offenses can fall into any of these categories depending on the harm caused.12New Hampshire General Court. New Hampshire Code 625:9 – Classification of Crimes
Reporting a Problem at a Licensed Establishment
If you suspect a food safety problem at a New Hampshire restaurant or store, you can file a complaint with the DHHS Food Protection Section by phone or through their website. Phone complaints are encouraged when you believe you became ill from a food product or restaurant meal, because those reports receive priority handling and investigators can start working the case faster.13New Hampshire Department of Health and Human Services. File a Complaint or Report a Foodborne Illness or Contaminated Product
Complaints about unsanitary conditions, improper food handling, and mislabeled products are triaged by severity. Reports involving illness or contamination can trigger on-site inspections where investigators collect evidence through interviews, food samples, and facility evaluations. Confirmed violations require corrective action, which could mean discarding contaminated food, retraining staff, or making physical improvements. Repeated complaints against the same establishment lead to more frequent inspections and, eventually, license revocation. Inspection reports and enforcement actions are publicly accessible, so you can check an establishment’s record before deciding where to eat or shop.