Bill Text - HB234 (2011)

Relative to food service licensure.


Revision: Feb. 1, 2011, midnight

HB 234-FN-A – AS INTRODUCED

2011 SESSION

11-0561

01/10

HOUSE BILL 234-FN-A

AN ACT relative to food service licensure.

SPONSORS: Rep. DiPentima, Rock 16; Rep. Millham, Belk 5

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill clarifies the food protection law and establishes the food protection fund. The moneys are to be used for the administration of the food protection law.

This bill is a request of the department of health and human services.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11-0561

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to food service licensure.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Shellfish; Food Protection Fund. Amend RSA 143:22-a to read as follows:

143:22-a Shellfish Certificate Fees. The commissioner of the department of health and human services shall prescribe and collect fees for certificates for establishments which process or pack shellfish. Such fees shall be in accordance with rules adopted under RSA 541-A. All fees collected under this subdivision shall be forwarded to the [state treasurer to be deposited in the general fund] food protection fund established in RSA 143-A:14 and shall be used for the administration of the department’s responsibilities under this chapter.

2 Foods Prepared in an Out-of-State Residential, Non-Commercial Kitchen; Food Protection Fund. Amend RSA 143:29 to read as follows:

143:29 Registration by Nonresident Vendors. No food produced in an out-of-state residential, non-commercial kitchen shall be sold or offered for sale within the state unless the same has first been registered by its manufacturer or by the manufacturer’s agent with the department of health and human services. Such registration shall be in form similar to that provided in RSA 143:11. A one-time registration fee of $25 shall be paid to the department of health and human services by the manufacturer, importer, agent, or vendor. Fees generated under this subdivision shall be deposited in the food protection fund established in RSA 143-A:14 and shall be used for the administration of the department’s responsibilities under this chapter.

3 Food Service Licensure; Definitions. Amend RSA 143-A:3, IV to read as follows:

IV. “Food service establishment” means any fixed or mobile, attended or unattended restaurant; coffee shop; cafeteria; short order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial feeding establishment; food processing plants; food vending operation; private or public organization or institution, whether profit or nonprofit, which routinely serves food; catering kitchen; commissary, or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other eating and drinking establishment or operation in which potentially hazardous food is served or provided for the public with or without charge.

4 New Paragraph; Food Service Licensure; Definition Added. Amend RSA 143-A:3 by inserting after paragraph IV the following new paragraph:

IV-a. “Imminent health hazard” means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury or illness.

5 Food Services Licensure; Application. Amend RSA 143-A:6, I to read as follows:

I. Upon receipt of an application in writing from a new food service establishment or retail food store, or a food service establishment or retail food store which has changed ownership, or a food service establishment or retail food store which has had its previous license revoked, the commissioner may issue a provisional license, valid for up to 90 days, if the commissioner determines that the applicant’s plan for operation and facilities are sufficient under rules adopted under RSA¬†143-A:9. Any food service establishment or retail food store which has had its license revoked shall not be eligible to apply for a provisional license until it (a) presents a plan for the correction of any deficiencies which led to the specific revocation, and (b) passes a food safety class, subsequent to the revocation of the license, meeting the standards of The Conference for Food Protection. In order to fulfill the requirements of this section, the new [remedial] correction action 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.

6 Food Service Licensure; Revocation of License. Amend RSA 143-A:7 to read as follows:

143-A:7 Revocation of License.

I. If any food service establishment or retail food store licensed under this chapter repeatedly violates any legally adopted rule of the commissioner, or any provision of RSA 143 or RSA 143-A, or if the operation of the licensed establishment [immediately endangers public health and safety] creates an imminent health hazard, the commissioner may revoke the license. Any revocation of a license shall be executed in compliance with RSA 541-A.

II. The notice of revocation shall:

(a) Be in writing;

(b) Enumerate the reason or reasons for revocation;

(c) Outline the [remedial] corrective action necessary to correct the revocation; and

(d) Inform the owner or his agent of his rights and options for redress of grievances as enumerated in RSA 541-A.

7 Food Protection Program; Failure to Pay Application Fee. Amend RSA 143-A:9-a, II to read as follows:

II. All fees collected under this chapter shall be forwarded to the [state treasurer to be deposited in the general fund] food protection fund established in RSA 143-A:14 and shall be used for the administration of the department’s responsibilities under this chapter.

8 New Section; Food Protection Fund. Amend RSA 143-A by inserting after section 13 the following new section:

143-A:14 Food Protection Fund. There is hereby established in the office of the state treasurer a fund to be known as the food protection fund. The fund shall be composed of fees collected in accordance with RSA 143:22-a, II, RSA 143:29, and RSA 143-A:9-a, II. Moneys in the fund shall be used solely to carry out the provisions of this chapter and RSA 143. The fund shall be nonlapsing and continually appropriated to the commissioner.

9 New Subparagraph; Fund Added. Amend RSA 6:12, I(b) by inserting after subparagraph (304) the following new subparagraph:

(305) Moneys deposited into the food protection fund established in RSA 143-A:14.

10 Repeal. RSA 143-A:8, relative to reinstatement of license, is repealed.

11 Effective Date. This act shall take effect July 1, 2011.

LBAO

11-0561

Revised 01/31/11

HB 234 FISCAL NOTE

AN ACT relative to food service licensure.

FISCAL IMPACT:

      The Department of Health and Human Services states this bill will have an indeterminable fiscal impact on state expenditures and revenue FY 2012 and in each year thereafter. There will be no fiscal impact on county or local revenue or expenditures.

METHODOLOGY:

    The Department states this bill creates a non-lapsing food protection fund used for administration of the Department’s responsibilities for food service licensure and sanitary production and distribution of food. All fees collected by the Food Protection Section would be directed into the non-lapsing food protection fund. In addition, the Department states the bill makes definitional changes for clarification that will have no fiscal impact. Currently, a portion the fee revenue generated is budgeted as restricted revenue to fund appropriations for program operations and the remainder of the fee revenue is deposited into the general fund. The Department indicates that in FY 2010, $395,583 of fee revenue was collected and applied as restricted revenue to the $1,129,414 cost of the program and the remaining fee revenue was deposited into the general fund. The remaining cost of $733,831 was paid from general fund appropriations. The Department states that under this proposal, all fee revenue would go directly into the food protection fund to support the program appropriations, allowing general fund appropriations to be reduced, but also decreasing general fund revenue. Approximately $9,200 of fine revenue will continue to be deposited directly into the general fund. The Department assumes the fund balance, when available, would be applied to the excess of costs over revenues and the general fund would continue to cover any remaining costs in excess of revenues and available fund balance. The Department did not assume any increase in fees. The Department indicates the decrease in unrestricted revenue to the general fund would be offset by a decrease in general fund appropriations to the program. The Department is projecting the following revenue and expenditures for the food protection program based on the program’s budget request for FY 2012 and 2013 projected forward for 2014 and 2015:

 

FY 2012

FY 2013

FY 2014

FY 2015

Fee Revenue

$1,476,250

$1,476,253

$1,476,253

$1,476,253

Program Costs

$1,481,878

$1,409,445

$1,484,302

$1,565,008

Revenue less Costs

($5,628)

$66,808

($8,049)

($88,755)

Fines deposited in the General Fund

$9,236

$9,236

$9,236

$9,236

    The Department assumed there would be no fiscal impact on county or local expenditures.

None