New Hampshire food service license and certified food manager rules

A New Hampshire restaurant needs a food service license and a person in charge who holds a food safety manager certification. The rules come from state law and from the state health department's adoption of the federal Food Code. This guide, checked in October 2026, explains the requirement, who is exempt, how towns that inspect for themselves differ, and how to prepare. It is general information, not legal advice. Because some of these points come from summaries rather than the rules themselves, confirm with the Department of Health and Human Services (DHHS) Food Protection Section and your local health officer.

Which law requires a certified manager?

State law requires that each food service establishment licensed by the state have a person in charge who is trained as a certified food protection manager, or holds an equivalent industry certification from a program approved by the Conference for Food Protection, subject to listed exemptions. The state health department's rules at He-P 2300 build on the FDA Food Code, and He-P 2303.02 sets out the details: who must be certified, the exemptions and the time allowed. Read that rule section rather than relying on a summary, because it contains practical allowances.

Who is exempt?

The rule lists categories that do not need a certified manager, for example certain food processing plants that commercially process large volumes of packaged food, and the exemptions are set out in He-P 2303.02(a) and in the statute. Do not assume your business is exempt. Compare your menu and operation with the list, and ask the Food Protection Section if you are unsure.

What does "present during all hours" mean?

The statute speaks of a person in charge, and the rule adds detail. As summarized from He-P 2303.02, a new establishment must have a certified manager within 45 days of its initial licensing inspection, and if a manager leaves the establishment has 90 days to come back into compliance. An establishment with five or fewer food employees on duty needs only one certified manager on staff who is available during all hours of operation, though not necessarily present, and a manager need not be present when no food preparation is taking place. For a larger kitchen, a single certified manager cannot cover every hour of a long day, so certify more than one person, and ask your health officer what applies to your operation.

What is a CFPM certification?

A CFPM is someone who has passed an accredited food protection manager exam. The state health department defines a certified food protection manager as the person in charge who has shown proficiency by passing a test that is part of an accredited program. Ask the Food Protection Section for its list of accepted programs, and note the expiration date on each certificate, since certificates expire and must be renewed. Courses and exams are available online and in person from several providers, and prices vary.

Which towns inspect their own restaurants?

Some New Hampshire cities and towns hold their own licensing and inspection authority, and some towns inspect for themselves. If you are in one of those, your license and inspections come from the local health authority, and its rules may add to the state's. Start with the city or town health department, not only the state, and ask who inspects your address.

How do you apply for the license?

You apply through DHHS or the local health authority, depending on where you are. Expect to submit plans for a new or remodeled kitchen for review, pay a fee, schedule a pre-opening inspection and receive your license after the premises pass. Plan review can take weeks. Ask the health officer about requirements for handwashing sinks, hot water, ventilation, refrigeration and surfaces before you build.

How should you prepare for an inspection?

Keep your certificate where an inspector can see it. Keep temperature logs, cleaning schedules and training records. Check refrigeration temperatures, date-label prepared food, store raw meat below ready-to-eat items, keep chemicals away from food and make sure handwashing sinks are stocked. Teach staff the major food safety rules. After an inspection, fix every item listed and keep a copy of the report.

A shift-by-shift plan for covering the hours

Suppose your restaurant opens at 7 a.m. for breakfast and closes at 9 p.m. Write the schedule in two columns: the shift and the CFPM on duty. The owner covers opening and the weekday lunch, the chef covers the afternoon and dinner prep, and the closing manager covers the dinner service. Mark the days when one of them is off, and name who covers. Two people with certificates are the minimum for this pattern, and three give you room for vacations and illness. Print the schedule, and keep the certificates in a binder by the office door. If an inspector arrives at 8 a.m. on a Tuesday, the answer to the question of who is in charge should take five seconds.

What do you do if your certified manager leaves?

Plan ahead. Certify more than one person, and when your CFPM resigns, find a replacement quickly. The rule allows a period to come back into compliance, 90 days as summarized from He-P 2303.02(c), but confirm the current text and tell your health officer. A business that has just lost its only certified manager should not wait until the end of that window.

More guides for your business:

• New Hampshire Meals and Rooms Tax and tipped wages for restaurants
• New Hampshire liquor license for restaurants and the 2026 delivery license
• New Hampshire Meals and Rooms Tax: how to register and file (2026)

More in the US guides for food businesses.