Revision: Jan. 24, 2017, 3:28 p.m.
HB 612 - AS INTRODUCED
2017 SESSION
17-0474
08/04
HOUSE BILL 612
AN ACT relative to livestock and meat inspection.
SPONSORS: Rep. Bixby, Straf. 17; Rep. John T. O'Connor, Rock. 6
COMMITTEE: Environment and Agriculture
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I. Combines several exemptions to the meat inspection statues into one section.
II. Adds to the definition of "humane method" of slaughter for religious purposes.
III. Makes certain changes to the regulation of livestock auctions and the shipment of livestock.
This bill is a request of the committee to study livestock and meat inspection created by HB 1354 (2016).
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0474
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
AN ACT relative to livestock and meat inspection.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Meat Inspection; Declaration of Policy RSA 427:1 is repealed and reenacted to read as follows:
427:1 Declaration of Policy. Meat and meat food products are an important element in our state's total food supply. To protect the health and welfare of consumers, meat, and meat food products produced and distributed in the state should be wholesome, unadulterated, and properly marked, labeled, and packaged. Allowing the sale or distribution of meat and meat food products that fail to meet this standard would not only endanger the public health, but also disadvantage those livestock producers and meat processors who maintain proper standards. It is hereby found that in order to protect the health and welfare of consumers and maintain the state's infrastructure for producing high quality livestock and meat, it is appropriate that the commissioner, in cooperation with the United States Department of Agriculture (USDA), regulate livestock production and meat processing.
2 Meat Inspection; Applicability RSA 427:1-a is repealed and reenacted to read as follows:
427:1-a Applicability.
I. The purposes and requirements of this chapter may be fulfilled for both intrastate and interstate distribution and sale of meat and meat products by adhering to the requirements of the USDA detailed in 21 U.S.C chapters 10 and 12.
II. The purposes of this chapter may be fulfilled for intrastate sale of meat by adhering to the provisions of this subdivision if authorized by the USDA.
III. The purposes of this chapter may be fulfilled for interstate sale of meat by adhering to the provisions of this subdivision if authorized by the USDA, pursuant to all constraints established by the USDA.
3 New Section; Meat Inspection; Exemptions. Amend RSA 427 by inserting after section 2 the following new section:
427:2-a Exemptions.
I. The provisions of this subdivision requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat, and meat food products at establishments conducting such operations shall not apply to:
(a) The slaughtering by any person of animals of his or her own raising, and the preparation by him or her and transportation of the carcasses, parts thereof, meat, and meat food products of such animals exclusively for use by him or her and members of his or her household and his or her nonpaying guests and employees.
(b) The custom slaughtering, consistent with 21 U.S.C. section 623(a) or 21 U.S.C. section 464 (c), by any person, firm, or corporation of livestock delivered by the owner thereof for such slaughter.
(c) The preparation by such slaughterer and transportation of the carcasses, parts thereof, meat, and meat food products of such animals, exclusively for use, in the household of such owner, by him or her and members of his or her household and his or her nonpaying guests and employees, provided that such custom slaughterer does not engage in the business of buying or selling any carcasses, parts of carcasses, meat, or meat food products of any livestock capable of use as human food.
II. Operations of types traditionally and usually conducted at retail stores and restaurants, when conducted at any retail store or restaurant or similar retail-type establishment for sale in normal retail quantities or service of such articles to consumers at such establishments shall follow requirements of version of the United States Food and Drug Administration Food Code currently in use for New Hampshire department of health and human services rulemaking.
III. Exempt Poultry Slaughter. The commissioner shall exempt the following from state meat inspection requirements, except as detailed below.
(a) Producers of 1,000 birds or fewer annually with respect to poultry of their own raising on their own farms if such producers slaughter not more than 1,000 poultry during the calendar year for which this exemption is being determined and such poultry producers do not engage in buying or selling poultry products other than those produced from poultry raised on their own farms, and such poultry is only sold within the state of New Hampshire, directly to the consumer at the farm or at a farmers market, or to restaurants pursuant to RSA 143-A:16.
(b) Producers or processors of 20,000 birds or fewer annually who are not otherwise engaged in the sale of poultry or poultry products, who follow USDA regulations and prescribed sanitary standards, practices, and procedures, and whose activity is either:
(1) The slaughtering and processing of poultry products in New Hampshire by any poultry producer on his or her own premises with respect to sound and healthy poultry raised on his or her premises and the distribution by any person solely within the state of New Hampshire, if, in lieu of other labeling requirements, such poultry products are identified with the name and address of such poultry producer, and if they are not otherwise misbranded, and are sound, clean, and fit for human food when so distributed; or
(2) The slaughtering of sound and healthy poultry or the processing of poultry products of such poultry in New Hampshire by any poultry producer or other person for distribution by him or her solely within New Hampshire directly to household consumers, restaurants, hotels, and boarding houses, for use in their own dining rooms, or in the preparation of meals for sales direct to consumers, if, in lieu of other labeling requirements, such poultry products are identified with the name and address of the processor, and if they are not otherwise misbranded and are sound, clean, and fit for human food when distributed by such processor
(c) Establishments which have been granted exemptions by the Secretary of the USDA under 21 U.S.C. section 464 (2) or (3).
IV. The slaughter of bison on a farm for purposes of sale, as provided in RSA 143-A:5, IX, 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 a bison under this paragraph shall be permitted only:
(a) When the owner of the bison designates a slaughter area on the farm premises.
(b) When the bison is slaughtered in a humane method, as defined in RSA 427:33, III, by the owner or the owner's full time or seasonal employee.
(c) From September 1 to April 30.
(d) When no more than 12 hours passes from the time of slaughter to the placement of the carcass in a refrigerated facility at or below 41 degrees Fahrenheit.
(e) When a veterinarian licensed under RSA 332-B conducts an ante-mortem examination of each bison on the day of slaughter, witnesses the slaughter, conducts a post-mortem examination of the carcass, and documents his or her examinations in the report required under subparagraph (f).
(f) When the veterinarian and owner make a report of the slaughter on a form or forms provided by the state veterinarian which contains the following:
(1) Name, address, and phone number of animal owner and the location of the farm.
(2) Identification number on animal to assure same carcass arrives at the processing facility.
(3) Date and time of slaughter and the time of each examination.
(4) Statement that examinations were visual.
(5) Statement that live animal was examined both at rest and in motion.
(6) Ante-mortem examination stating live animal is free from any observed abnormalities, including but not limited to:
(A) No observed lameness, stiffness, abnormal body positions (e.g. tucked abdomen, arched back, extended neck or tail, etc.).
(B) No abnormal discharges or odors.
(C) No blisters or vesicles observed.
(D) No abnormal growths, swellings, enlargements, injuries, loss of hair or other skin lesions, infestations (e.g. maggots), labored breathing, or diarrhea.
(E) Animal did not appear abnormally nervous or restless, excessively anxious or upset, depressed, disinterested, or blind.
(F) Animal did not stagger, circle, head press, salivate excessively, rub or scratch excessively.
(G) Both eyes present and normal.
(7) Post-mortem examination stating carcass is free from any observed abnormalities, including but not limited to:
(A) Mouth, tongue, and eyes appear normal.
(B) Lymph nodes appear normal.
(C) No observed lumps, bumps, or growths.
(D) No abnormal odors or discharges.
(E) No adhesions or ongoing infectious processes.
(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, XII. 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.
(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.
(10) Signature blocks for both the veterinarian and the animal owner, signed by both.
(g) When such animal is transported to and processed at a facility that is eligible to conduct custom exempt activities as regulated by the USDA pursuant to 21 U.S.C. section 623(a) and associated Departmental regulations.
(h) When the owner of the bison retains the original copy of the report made in subparagraph (f). A copy of such report shall accompany the bison carcass to the processing facility. The processing facility shall retain a copy of the report for one year.
(i) When bison meat is ground for sale, it is tested by the processing facility for Escherichia coli and salmonella at the bison owner's expense. All aspects of the testing, including sampling, shall be done in a manner that complies with standards and procedures of the USDA, and may include the services of an outside laboratory. The owner of the meat shall not sell it until he or she is in receipt of the test result that indicates the product is safe to eat. The test result shall be kept by the owner for at least one year.
(j) Prior to sale, as provided in RSA 143-A:5, IX, it is labeled as required in RSA 143-A:19.
4 Humane Slaughter; Religious Slaughter. Amend RSA 427:33, III(b) to read as follows:
(b) The method of slaughtering required by the ritual of the Jewish faith or the Islamic faith, whereby the animal suffers loss of consciousness by anemia of the brain caused by the simultaneous and instantaneous severance of the carotid arteries with a sharp instrument, provided that the method used in bringing the animal into position for slaughter causes no injury or pain which can be avoided without interfering with the requirements of ritualistic slaughter or without imposing unreasonable economic hardship.
5 Sale and Transport of Livestock. Amend RSA 427:38, II to read as follows:
II. "Livestock dealer'' shall mean any person, partnership, unincorporated association, or corporation engaged in the business of buying, selling or transporting livestock, excluding any common carrier, or operating a livestock auction or sales ring, including any person acting as an agent or buyer for any other person, partnership, unincorporated association or corporation.
6 License; Livestock Dealer. Amend RSA 427:39 to read as follows:
427:39 License. No livestock dealer shall operate such a business without first obtaining a license from the commissioner. Before being issued a license, the livestock dealer shall file with the commissioner an application for such license, giving such information as the commissioner shall require. Said application shall be accompanied by the prescribed fee. All licenses shall expire on April 30 of each year. No licenses shall be transferable. A farmer who is a resident of the state shall be exempt from the provisions of this chapter when engaged in the transportation of only his or her own livestock.
7 New Paragraph; Licensed Livestock Dealer: Requirements. Amend RSA 427:41 by inserting after paragraph VI the following new paragraph:
VII. A person transporting livestock shall have in his or her possession a bill of sale or other memorandum signed by the vendor, the date of sale or other transaction involving the transfer of possession, the breed, age, approximate weight, and number of animals being transported.
8 Separation of Livestock. Amend RSA 427:48 to read as follows:
427:48 Separation of Stock. [No person or common carrier shall ship or transport livestock] Livestock shall not be shipped or transported within this state in mixed loads unless the different kinds of stock shall be separated, each kind from the other, by strong partitions; provided that milch cows may be shipped with not more than 3 calves for one cow, and sheep may be shipped with calves.
9 Diseased Animals. Amend RSA 427:51 to read as follows:
427:51 Diseased Animals. Cattle which have reacted to the tuberculin or agglutination test for brucellosis or any animal or animals infected with a contagious or infectious disease or from a herd which has reacted to any test for a reportable disease shall not be shipped, transported, received for transportation, or otherwise moved for immediate slaughter, unless the following conditions and restrictions are complied with:
I. The cattle shall be shipped, transported or moved to an establishment or a public stockyard where state or federal inspection is maintained and shall there be slaughtered under such inspection.
II. [The cattle shall be marked for identification by branding and tagging as provided in RSA 436:70.
III.] The cattle shall be accompanied to destination by a certificate issued by the commissioner of agriculture, markets, and food and by a VS Form 1-27 issued by the USDA.
[IV.] III. Transportation companies shall plainly write or stamp upon the face of waybills, conductors' manifests and memoranda pertaining to such shipment the words, "Diseased Animals.''
[V.] IV. All trucks, vehicles or equipment used for the transportation of diseased animals shall be properly cleaned after each shipment.
10 Penalty. Amend RSA 427:52 to read as follows:
427:52 Penalty.
I. Whoever knowingly violates any provision of [RSA 427:48-51] this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. In addition to the penalty under paragraph I, whoever violates any of the provisions of [RSA 427:48-51] this chapter or rule adopted under such provisions may be subject to an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
11 Penalty. Amend RSA 427:59 to read as follows:
427:59 Penalty.
I. Any person violating the provisions of [RSA 427:54-58] this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. In addition to the penalty under paragraph I, any person who violates the provisions of [RSA 427:54-58] this chapter may be subject to an administrative fine levied by the commissioner, not to exceed $1,000 for each violation.
12 Cross Reference Changed. Amend RSA 143-A:5, IX to read as follows:
IX. A farm owned or operated by any person, firm, or corporation that raises bison for human consumption, and the direct sale within this state of the carcasses, parts, meat, and meat food products of such animals, when slaughtered and processed in accordance with [RSA 427:16, XII] RSA 427:2-a, IV, to the consumer from such farm, at the producer's farm stand, and by the producer at farmers' markets, or when sold to a licensed restaurant in accordance with RSA 143-A:20.
13 Cross Reference Changed. Amend RSA 143-A:18 to read as follows:
143-A:18 Definition of Uninspected Bison. For purposes of this subdivision, "uninspected bison'' means carcasses, parts, meat, and meat food products of bison slaughtered and processed in accordance with RSA 427:16, XII and sold or to be sold as provided in [RSA 143-A:5, IX] RSA 427:2-a, IV.
14 Cross Referenced Changed. Amend RSA 427:4, IV to read as follows:
IV. The slaughter of certain poultry under [RSA 427:16] RSA 427:2-a shall be exempted from this section.
15 Cross Reference Changed. Amend RSA 427:9 to read as follows:
427:9 Times of Examination and Inspection. A certified meat inspector shall be present in all establishments at any time during which livestock are slaughtered for the purposes of commerce, except exempted slaughter of certain poultry under [RSA 427:16] RSA 427:2-a.
16 Cross Reference Changed. Amend RSA 427:14, I to read as follows:
I. No person shall practice as a meat inspector in this state, except as permitted in [RSA 427:16] RSA 427:2-a, without certification issued under this subdivision. The commissioner shall certify any person who receives a passing score on a meat inspector examination approved by the commissioner and pays all required fees. The commissioner may require supervision for a probationary period for new certificate holders pursuant to rules adopted under RSA 541-A.
17 Repeal. The following are repealed:
I. RSA 427:47, relative to transportation of livestock by a licensed dealer.
II. RSA 427:50, relative to transportation of disabled or dead animals.
III. RSA 427:54, relative to license requirements for transportation of livestock.
IV. RSA 427:55, relative to the issuance of licenses for transportation of livestock.
V. RSA 427:56, relative to fees for licenses for transportation of livestock.
VI. RSA 427:57, relative to possession of a bill of sale when transporting livestock.
VII. RSA 427:58, relative to exceptions from license requirements when transporting livestock.
VIII. RSA 427:16, relative to exemption from meat inspection.
18 Effective Date. This act shall take effect 60 days after its passage.