Bill Text - HB234 (2012)

(New Title) relative to food service licensure and establishing a committee to study the regulation of food service establishments.


Revision: May 1, 2012, midnight

HB 234-FN-A – AS AMENDED BY THE SENATE

4Jan2012… 2758h

28Mar2012… 1033h

04/25/12 1762s

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

AMENDED ANALYSIS

This bill clarifies the food protection law.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

28Mar2012… 1033h

04/25/12 1762s

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 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.

IV-a. “Food processing plant” means a type of food service establishment that is a commercial operation that processes food for human consumption and provides processed food for sale and distribution to other business entities such as other food establishments. The term does not include an operation that processes food under the oversight of the department of agriculture in accordance with RSA 426, RSA 427, RSA 428, RSA 429, and RSA 434.

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 Repeal. The following are repealed:

I. RSA 428:30, relative to interpretation of the subdivision relative to the sale of eggs.

II. RSA 429:28, relative to interpretation of the subdivision relative to maple and honey products.

III. RSA 434:32, relative to interpretation of the subdivision relative to apples.

IV. RSA 434:40-h, relative to interpretation of the subdivision relative to cider.

7 Effective Date. This act shall take effect July 1, 2012.

LBAO

11-0561

Amended 05/01/12

HB 234 FISCAL NOTE

AN ACT relative to food service licensure.

FISCAL IMPACT:

    The Departments of Agriculture, Markets and Food, and Health and Human Services state this bill, as amended by the Senate (Amendment #2012-1762s), will have no fiscal impact on state, county, and local expenditures or revenue.

METHODOLOGY:

    The Department of Agriculture, Markets and Food states this bill clarifies existing conditions and the Department does not anticipate any financial cost or benefit.

    The Department of Health and Human Services states this bill refines the definition of food processing plants to exclude operations that process food under the oversight of the Department of Agriculture, Markets and Food. The Department states, since it does not currently regulate these entities, there will be no fiscal impact to the Department.

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