Bill Details - HB405 (2019)

HB 405-FN - AS INTRODUCED

 

 

2019 SESSION

19-0468

08/05

 

HOUSE BILL 405-FN

 

AN ACT relative to beer in refillable containers.

 

SPONSORS: Rep. Williams, Hills. 4; Rep. Conley, Straf. 13

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill authorizes the sale of beer in refillable containers.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0468

08/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to beer in refillable containers.

 

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

 

1  New Paragraph; Standard Refillable Beer Container.  Amend RSA 175:1 by inserting after paragraph LXX the following new paragraph:

LXXI.  “Standard refillable beer container” means a 64-ounce amber glass container meeting the specifications established by the commission.

2  New Section; Refillable Beer Container Licenses.  Amend RSA 178 by inserting after section 31 the following new section:

178:32  Refillable Beer Container Licenses.

I.  An on-premises or off-premises licensee maintaining an inventory of at least 200 different beer labels and paying an additional fee of $240 shall be issued a refillable beer container license authorizing the licensee to fill standard refillable containers in accordance with this section.

II.  The licensee shall attend a training program approved by the commission within 45 calendar days of the training program’s availability.  The training program shall include instructions in the sales, inspection, cleaning, and filling of standard refillable beer containers and sanitation standards for tap lines and equipment.

III.  Off-premises licensees shall comply with the following:

(a)  The licensee shall designate an area of the premises where at least 3 filling stations shall be permanently installed.

(b)  The designated area shall be separated from customers by a counter or other barrier.

(c)  Containers may only be filled by the licensee and the licensee’s employees.

IV.  If the commission notifies the licensee that a manufacturer objects to sales of its products in refillable containers, the licensee shall not fill any container with beer manufactured by that manufacturer.

V.  The licensee may fill only standard refillable beer containers and only during hours established by the commission in rules adopted pursuant to RSA 541-A.  The licensee shall comply with sanitation standards for tap lines and containers, if established by the commission in rules.

VI.  An open-evident seal or closed package shall be applied by the licensee to the standard refillable beer container after filling.

3  New Paragraph; Standard Refillable Beer Container.  Amend RSA 179:33 by inserting after paragraph I the following new paragraph:

I-a.  The commission shall establish specifications for standard refillable beer containers.  Specifications shall include:

(a)  Placement of a rectangular label of indelible white material so that the product and the licensee making the fill may be identified with erasable marker.

(b)  Placement of a label containing alcohol consumption warnings, cleaning instructions, a New Hampshire logo design, and information to help locate New Hampshire brewers.

4  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

19-0468

12/28/18

 

HB 405-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to beer in refillable containers.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other - Liquor Fund

 

 

 

 

 

METHODOLOGY:

This bill authorizes the sale of beer in refillable containers.  The bill would make all 2,700 on-premise and off-premise licensees eligible to apply for the annual license at a cost of $240.  To be eligible licensees would be required to carry 200 or more labels.  The Commission is not able to determine how many licensees would apply for the license, therefore the amount of additional revenue cannot be determined.  The Commission assumes it would incur additional costs to:

  • Establish the required training program.  The details and cost of the training program cannot be determined and will depend on the number licensees.
  • Notify retailers of manufacturers that no longer wish to have their products sold in refillable containers.  This would result in additional administrative, rulemaking and enforcement duties.
  • Adopt sanitation standards.  The Commission indicates this may be a duplication of duties currently performed by the Department of Health and Human Services or the 10 communities with health departments.  

It is not clear to the Commission if it would be responsible for creating seals or packaging for refilling or who would provide the required labeling.   

 

AGENCIES CONTACTED:

Liquor Commission

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Commerce and Consumer Affairs HJ 3 P. 13
Feb. 20, 2019 Public Hearing: 02/20/2019 10:00 am LOB 302
Feb. 21, 2019 Subcommittee Work Session: 02/21/2019 09:30 am LOB 302
Feb. 21, 2019 ==RECESSED== Executive Session: 02/21/2019 02:00 pm LOB 302
March 5, 2019 Subcommittee Work Session: 03/05/2019 08:30 am LOB 302
March 8, 2019 ==CONTINUED== Executive Session: 03/08/2019 01:30 pm LOB 302-304
March 11, 2019 Subcommittee Work Session: 03/11/2019 09:30 am LOB 302
Retained in Committee
June 25, 2019 Full Committee Work Session: 06/25/2019 10:00 am LOB 302

Action Dates

Date Body Type
Feb. 20, 2019 House Hearing
Feb. 21, 2019 House Exec Session
March 8, 2019 House Exec Session

Bill Text Revisions

HB405 Revision: 4625 Date: Jan. 7, 2019, 4 p.m.