HB 56 – AS AMENDED BY THE HOUSE
HOUSE BILL 56
(1) Requires food service establishments, unless exempted, to assign at least one full-time employee to be a certified food protection manager.
(2) Establishes a definition of certified food protection manager.
(3) Grants the commissioner of health and human services certain rulemaking authority.
(4) Provides that food service establishments shall not be required to have a certified food protection manager until July 1, 2006.
(5) Clarifies the definition of occasional food service establishment in the food service licensure statute.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to food safety in restaurants.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Purpose. The general court recognizes the risk of food-borne illness caused by the improper preparation and handling of food. Changes in diet, increased consumption of food in commercial establishments, new methods of food production, new infectious agents and larger at-risk populations including the elderly, the very young, and the immune-suppressed make the risk of food-borne illness even greater. In a state that relies on tourism for much of its economic activity, the general court recognizes the importance of reducing the risk of food-borne illness for its residents and the tourists who provide valued economic activity. Therefore, to ensure that each food establishment shall have at least one food employee who is familiar with the basic protocols of food safety, the general court hereby requires each food service establishment to assign at least one food employee to be certified in food protection management.
2 Food Service Licensure; Certified Food Protection Manager Defined. Amend RSA 143-A:3, I to read as follows:
I. “Certified food protection manager” means a person who meets the requirements of RSA 143-A:9-c.
I-a. “Commissioner” means the commissioner of the department of health and human services.
3 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] 4 days during a 30-day period. This definition shall not apply to the following non-profit entities which do not offer regularly-scheduled weekday meal service: extracurricular school events; non-profit sporting events; religious activities; or non-profit service organizations.
4 New Paragraph; Definitions Added. Amend RSA 143-A:3 by inserting after paragraph VI the following new paragraph:
VI-a. “Potentially hazardous food” means:
(a) A food which is natural or synthetic and is in a form capable of supporting the:
(1) Rapid and progressive growth of infectious or toxigenic microorganisms;
(2) Growth and toxin production of Clostridium botulinum; or
(3) In raw shell eggs, the growth of Salmonella enteritidis; and
(b) Which is further defined by the United States Public Health Service Food Code adopted by the federal Food and Drug Administration.
5 New Subdivision; Food Service Licensure; Requirement of Certain Establishments to Have a Certified Food Protection Manager. Amend RSA 143-A by inserting after section 9-a the following new subdivision:
Food Protection Manager Certification
143-A:9-b Certified Food Protection Manager Requirement.
I.(a) Except as provided in paragraph II, each food service establishment licensed under RSA 143-A serving a potentially hazardous food shall assign at least one employee to be a certified food protection manager.
(b) A food protection manager shall have the responsibility to ensure that appropriate food safety practices are observed. The food protection manager may have supervisory or training responsibilities at the food service establishment.
(c) A food protection manager shall not be required to be on duty during all of the hours of operation of the food service establishment.
II. No person shall use the title “certified food protection manager” or in any way present himself or herself as a certified food protection manager unless he or she holds a current certificate from a certification program which meets the Conference for Food Protection standards for training, testing, and certification.
III. The following establishments shall not be required to assign a person who is a certified food protection manager:
(a) Food service establishments that serve only commercially pre-packaged foods and beverages, commercially pre-cooked potentially hazardous foods that are dispensed in a manner that minimizes contamination of the food, or commercially prepared cold foods not requiring any further preparation and dispensed or packaged immediately to the consumer in a manner that minimizes contamination of the food.
(b) Home food manufacturers and bed and breakfast establishments.
(c) Farm stands as described in RSA 21:34-a.
(d) Public elementary and secondary school cafeterias licensed under this chapter.
IV. Businesses that have multiple food service settings within a single, physical and geographically contiguous location are required to employ only one certified food protection manager.
V. The commissioner may by rule pursuant to RSA 541-A, establish an exemption for other small food service establishments.
143-A:9-c Certified Food Protection Managers. Each certified food protection manager shall:
I. Be at least 18 years of age.
II. Pass a food protection manager certification test, which may be written or oral, that meets the standards of the Conference for Food Protection.
III. Be recertified at least every 5 years.
143-A:9-d Termination of Food Protection Manager; New or Changed Ownership.
I. Upon termination of the employment of a certified food protection manager, the food service establishment where the manager was employed shall have 60 days to assign a new certified food protection manager in accordance with RSA 143-A:9-c.
II. Establishments that are new or have changed ownership shall meet the requirements of this section within 90 days of initial operation.
143-A:9-e Display of Certificate. Food protection manager certificates shall be:
I. Prominently posted in the establishment next to the food service license to operate; and
II. Removed when the certified food protection manager identified in the certificate is no longer employed by the establishment.
6 New Paragraph; Food Service Licensure; Rulemaking. Amend RSA 143-A:9 by inserting after paragraph I-a the following new paragraph:
I-b. The application process for certification of food protection managers, recertification requirements for certified food protection managers, and administrative fines for violations of provisions of this chapter relative to certified food protection managers.
7 Applicability. Notwithstanding RSA 143-A:9-b – RSA 143-A:9-e, no food service establishment licensed under RSA 143-A which serves potentially hazardous food shall be required to assign a person who is a certified food protection manager until July 1, 2006.
8 Effective Date. This act shall take effect July 1, 2005.