Revision: Dec. 2, 2019, 9:19 a.m.
HB 1102 - AS INTRODUCED
2020 SESSION
20-2004
08/05
HOUSE BILL 1102
AN ACT requiring food service establishments to establish food allergy awareness procedures.
SPONSORS: Rep. Rung, Hills. 21; Rep. Marsh, Carr. 8; Rep. J. Schmidt, Hills. 28; Rep. Guthrie, Rock. 13; Rep. Kenney, Straf. 6; Sen. Feltes, Dist 15
COMMITTEE: Commerce and Consumer Affairs
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ANALYSIS
This bill requires food service establishments to establish food allergy awareness procedures.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2004
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT requiring food service establishments to establish food allergy awareness procedures.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Food Allergy Awareness. Amend RSA 143-A by inserting after section 8 the following new section:
143-A:8-a Food Allergy Awareness.
I. Each food service establishment licensed by the state under RSA 143-A:6 or by the municipality in which it operates shall:
(a) Include on all menus and menu boards a notice to customers of the customer's obligation to inform the server of his or her food allergies.
(b) Have a person in charge during all hours of operation trained and certified as a food protection manager by a program approved by the department which includes training regarding food allergens. Such person shall ensure that employees are properly informed of food safety issues, including awareness of food allergies, as it is related to the employees' assigned duties.
II. A person who violates this section shall be subject to rules adopted under RSA 541-A relative to food service licensure, and may include the issuance of a warning, or the suspension or revocation of a food service establishment license.
III. The department shall develop a program for food service establishments to receive a designation as "food allergy friendly" and shall maintain a list of such establishments on its website. Participation in the program by food service establishments shall be voluntary. The department shall, in consultation with the New Hampshire Lodging and Restaurant Association and the Food Allergy and Anaphylactic Network, develop and promulgate requirements for food service establishments to receive such designation, provided that such requirements shall include maintaining on the premises, and making available to the public, a master list of all the ingredients used in the preparation of each food item available for consumption.
IV. Nothing in this section shall establish or affect any private cause of action. This section shall not affect any other right or remedy available by statute.
2 Exemption for Food Service Establishments Regulated By Municipalities Limited. Amend RSA 143-A:5, I- II to read as follows:
I. Food service establishments and retail food stores licensed by city health officers under RSA 47:17, except with regard to the food allergy provisions of RSA 143-A:8-a .
II. Food service establishments and retail food stores licensed by town health officers under RSA 147:1, except with regard to the food allergy provisions of RSA 143-A:8-a.
3 Effective Date. This act shall take effect January 1, 2021.