Revision: March 8, 2016, midnight
\t \t\tHB 499 - AS AMENDED BY THE HOUSE
7Jan2016... 2473h
2015 SESSION
\t15-0600
\t08/05
HOUSE BILL\t\t499
AN ACT\tpermitting New Hampshire farmers to sell farm-raised bison directly to the public.
COMMITTEE:\tEnvironment and Agriculture
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AMENDED ANALYSIS
\tThis bill allows the sale of bison meat and meat food products to the public.
\tThis bill also describes the inspection process for sellable bison meat.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
7Jan2016... 2473h\t15-0600
\t08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fifteen
AN ACT\tpermitting New Hampshire farmers to sell farm-raised bison directly to the public.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Paragraph; Food Service Licensure; Exemption; Bison. Amend RSA 143-A:5 by inserting after paragraph VIII the following new paragraph:
\t\tIX. A farm owned or operated by any person, firm, or corporation that raises bison and sells bison for human consumption, and the direct sale within this state of the carcasses, parts, meat, and meat food products of such animals to the consumer from such farm, at the producer’s farm stand, and by the producer at farmers’ markets and licensed restaurants.
\t2 New Paragraph; Meat Inspection; Exemption; Bison. Amend RSA 427:16 by inserting after paragraph IV the following new paragraph:
\t\tV. The slaughter of bison shall be exempt from the provisions of this subdivision requiring inspection of the slaughter of animals and preparation of the carcasses, parts thereof, meat and meat food products for sale within this state to the public. The slaughter of the bison shall be permitted only:
\t\t\t(a) When the owner of the bison designates a slaughter area on the farm premises.
\t\t\t(b) When the bison is slaughtered humanely under RSA 427:33 by the owner or the owner’s full time or seasonal employee.
\t\t\t(c) From September 1 to April 30.
\t\t\t(d) When no more than 12 hours passes from the time of slaughter to the placement of the carcass in a refrigerated facility.
\t\t\t(e) When a veterinarian licensed under RSA 332-B conducts an ante-mortem inspection of each bison on the day of slaughter, witnesses the slaughter, conducts a post-mortem inspection of the carcass, and documents his or her inspection in a report on forms provided by the state veterinarian.
\t\t\t(f) When the veterinarian and owner shall make a report of the slaughter which contains the following:
\t\t\t\t(1) Name, address, phone number of animal owner.
\t\t\t\t(2) Identification number on animal (to assure same carcass arrives at butcher).
\t\t\t\t(3) Date, time, location of examination.
\t\t\t\t(4) Statement that the examination was visual.
\t\t\t\t(5) Live animal was examined both at rest and in motion.
\t\t\t\t(6) Ante-mortem examination stating live animal is free from any observed abnormalities, including but not limited to:
\t\t\t\t\t(A) No observed lameness, stiffness, abnormal body positions (e.g. tucked abdomen, arched back, extended neck or tail, etc).
\t\t\t\t\t(B) No abnormal discharges or odors.
\t\t\t\t\t(C) No blisters or vesicles observed.
\t\t\t\t\t(D) No abnormal growths, swellings, enlargements, injuries, loss of hair or other skin lesions, infestations (e.g. maggots), labored breathing, diarrhea.
\t\t\t\t\t(E) Animal did not appear abnormally nervous or restless, excessively anxious or upset, depressed, disinterested, blind.
\t\t\t\t\t(F) Animal did not stagger, circle, head press, salivate excessively, rub or scratch excessively.
\t\t\t\t\t(G) Both eyes present and normal.
\t\t\t\t(7) Post-mortem examination stating carcass is free from any observed abnormalities, including:
\t\t\t\t\t(A) Mouth, tongue, eyes appear normal.
\t\t\t\t\t(B) Lymph nodes appear normal.
\t\t\t\t\t(C) No observed lumps, bumps, growths.
\t\t\t\t\t(D) No abnormal odors or discharges.
\t\t\t\t\t(E) No adhesions or ongoing infectious processes.
\t\t\t\t(8) This statement: “A veterinarian licensed to practice in the state shall be held harmless from either criminal or civil liability for any decisions made for services rendered in good faith under the provisions of RSA 427:16, V. Such a veterinarian is, therefore, protected from a lawsuit for his or her part in any illness, product quality failure, or other concern resulting from the products of this animal.” Liability for any illness or product quality failure shall rest solely and completely with the animal owner.
\t\t\t\t(9) A certification by the animal owner that this animal is free from antibiotic, dewormer, and chemical residues, and that the label instructions were followed regarding the withdrawal of such substances.
\t\t\t\t(10) Signature blocks for both the veterinarian and the animal owner.
\t\t\t(g) When such animal is transported to and processed at a facility that is eligible to conduct custom exempt activities as regulated by the United States department of agriculture pursuant to 21 U.S.C. section 23(a) and associated departmental regulations.
\t\t\t(h) When the owner of the bison shall retain the original copy of the report made in subparagraph (f). A copy of such report shall accompany the bison carcass to the processing establishment. The processing establishment shall retain a copy of the report for one year. For purposes of this paragraph, a processing establishment includes professional meat cutters which are open year round.
\t\t\t(i) If bison meat is ground for sale, then it shall be tested by the processing establishment for Escherichia coli and Salmonella at the bison owner’s expense.
\t3 New Subdivision; Meat from Bison; Labeling. Amend RSA 143-A by inserting after section 17 the following new subdivision:
Meat from Bison
\t143-A:18 Labeling; Meat from Bison. All packaging containing carcasses, parts, meat, and meat food products of bison exempt from the requirements of RSA 427 sold by a farm shall be clearly labeled to include a description of the product, the name, address, and telephone number of the farm where the product originates, and the date of slaughter.
\t143-A:19 Purchase of Uninspected Bison by Licensed Restaurants.
\t\tI. A licensed restaurant may purchase uninspected, processed, bison from bison producers exempt from the requirements of RSA 427. All packaging containing uninspected bison shall be clearly labeled to include, but not be limited to, the following information: the name and address of the farm where the product originates and the date of slaughter.
\t\tII. For at least 90 days from the date of each purchase, the licensed restaurant shall keep on file the receipt of purchase to include the product purchased, the date of purchase, the name of the producer, the name and address of the farm, and phone number.
\t\tIII. The licensed restaurant shall clearly label any menu item containing uninspected bison with the following statement: “This product has been raised and processed on a New Hampshire farm and is exempt from state and federal inspection.”
\t4 New Subdivision; Meat from Bison; Labeling. Amend RSA 427 by inserting after section 59 the following new subdivision:
Meat from Bison
\t427:60 Labeling; Meat from Bison. All packaging containing carcasses, parts, meat, and meat food products of bison exempt from the requirements of RSA 427 sold by a farm shall be clearly labeled to include a description of the product, the name, address, and telephone number of the farm where the product originates, and the date of slaughter.
\t5 Effective Date. This act shall take effect 60 days after its passage.