Revision: Jan. 21, 2010, midnight
CHAPTER 229
HB 173 – FINAL VERSION
26Jan2005… 0039h
06/09/05 1786s
2005 SESSION
01/09
HOUSE BILL 173
COMMITTEE: Health, Human Services and Elderly Affairs
This bill:
I. Amends the definition of “shellfish” to be in compliance with the U.S. Food and Drug Administration’s model shellfish ordinance.
II. Corrects a reference which is no longer applicable to food safety classes.
III. Clarifies the definition of occasional food service establishment in the food service licensure statute.
IV. Adds an exemption from licensure for occasional food service events.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26Jan2005… 0039h
06/09/05 1786s
05-0241
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to food service and distribution.
Be it Enacted by the Senate and House of Representatives in General Court convened:
229:1 Food Safety; Terminology Changed. Amend RSA 143:11, I(a)(2) to read as follows:
(2) passes a food safety class, subsequent to the revocation of the license, [which has been certified by the Buros Institute for Assessment, Consultation and Outreach at the University of Nebraska, or a successor organization] 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.
229:2 Food Safety; Definition of “Shellfish.” Amend RSA 143:20 to read as follows:
143:20 Definition. The term “shellfish,” as used in this subdivision, means all fresh or frozen edible species of oysters, clams or mussels, either shucked or in the shell, or scallops in any form, except when the final product form is the adductor muscle only.
229:3 Food Service Licensure; Terminology Changed. Amend RSA 143-A:6, I(b) to read as follows:
(b) passes a food safety class, subsequent to the revocation of the license, [which has been certified by the Buros Institute for Assessment, Consultation and Outreach at the University of Nebraska, or a successor organization] 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.
229:4 Food Service Licensure; Definition. Amend RSA 143-A:3, V to read as follows:
V. “Occasional food service establishment” means any food service establishment [operated by a private or public organization or institution, whether profit or nonprofit, which prepares food or drink for sale or for service, and any other eating or drinking establishment or operation where food is served or provided for the public with or without charge, no more than 96 hours at no fewer than 3 hours a day during a 30-day period] where food is served or provided for the public on the premises of the establishment, whether or not there is a charge for such food, no more than 4 days during a 30-day period. Any part of a day shall be considered one full day for the purposes of this definition.
V-a. “Occasional food service events” means events which are not regularly scheduled where food is provided to participants such as extracurricular school events, non-profit sporting events, and periodic events sponsored by religious or nonprofit organizations.
229:5 Exemptions. Amend the introductory paragraph of RSA 143-A:5 to read as follows:
The following establishments and events shall be exempt from licensure under this chapter:
229:6 Exemptions. Amend RSA 143-A:5, III to read as follows:
III. Temporary food service establishments and occasional food service establishments and occasional food service events which are not under the jurisdiction of city or town health officers under RSA 147:1 and RSA 47:17.
229:7 Effective Date. This act shall take effect 60 days after its passage.
(Approved: July 11, 2005)
(Effective Date: September 9, 2005)