Revision: Jan. 5, 2012, midnight
HB 234-FN-A – AS AMENDED BY THE HOUSE
4Jan2012… 2758h
2011 SESSION
01/10
HOUSE BILL 234-FN-A
AN ACT relative to food service licensure and establishing a committee to study the regulation of food service establishments.
SPONSORS: Rep. DiPentima, Rock 16; Rep. Millham, Belk 5
COMMITTEE: Commerce and Consumer Affairs
AMENDED ANALYSIS
This bill clarifies the food protection law. This bill also establishes a committee to study the regulation of food service establishments.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
4Jan2012… 2758h
11-0561
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to food service licensure and establishing a committee to study the regulation of food service establishments.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 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.
2 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.
3 Food Service Licensure; Application. Amend RSA 143-A:6, I and II 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 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.
II. Within 45 days of issuance of a provisional license issued under this section or RSA 143-A:8, the commissioner shall conduct an inspection. If following such inspection the commissioner determines that the applicant's operation and facilities are sufficient under rules adopted under RSA 143-A:9, the commissioner shall issue to the applicant a license valid for a time period of one year following the date of issuance of the provisional license. 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.
4 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 violations cited in the revocation; and
(d) Inform the owner or his or her agent of his or her rights and options for redress of grievances as enumerated in RSA 541-A.
5 Food Service Licensure; Reinstatement. Amend RSA 143-A:8 to read as follows:
143-A:8 Reinstatement. Any person whose license has been revoked may at any time make a written [application] request to the commissioner for a re-inspection. Re-inspection shall occur within 10 days of receipt of the [re-inspection application] request. If the commissioner or his or her authorized representative finds that the reasons for revocation have been corrected, [the license shall be reinstated] a provisional license shall be granted immediately.
6 Committee Established. There is established a committee to study the regulation of food service establishments.
I. (a) The members of the committee shall be as follows:
(1) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(2) Three members of the senate, appointed by the president of the senate.
(b) Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
II. Duties. The committee shall study the regulation of food service establishments licensed pursuant to RSA 143-A. The committee shall determine if there is a minimal level of food service that may be conducted without regulation. In addition, the committee shall consider different levels of regulation for food service establishments of different sizes. Any such consideration shall ensure that appropriate protections are maintained for the health and safety of the public..
III. Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.
IV. Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2012.
7 Effective Date.
I. Section 6 of this act shall take effect upon its passage.
II. The remainder of this act shall take effect July 1, 2012.
LBAO
11-0561
Revised 01/31/11
HB 234 FISCAL NOTE
AN ACT relative to food service licensure and establishing a committee to study the regulation of food service establishments.
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.