HB65 (2021) Detail

Requiring food service establishments to establish food allergy awareness procedures.


HB 65  - AS INTRODUCED

 

 

2021 SESSION

21-0041

08/06

 

HOUSE BILL 65

 

AN ACT requiring food service establishments to establish food allergy awareness procedures.

 

SPONSORS: Rep. Rung, Hills. 21; Rep. Guthrie, Rock. 13; Rep. J. Schmidt, Hills. 28; Rep. Marsh, Carr. 8; Rep. Cohen, Hills. 28

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0041

08/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

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  Short Title; Rachel's Law.  This act shall be known as "Rachel's Law."

2  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 food service establishment that violates this section shall be subject to enforcement in accordance with rules adopted under RSA 143-A:9, XI, or local ordinance relative to food service licensure.

III.  This section shall not apply to any food service establishment exempt from licensure or inspection under RSA 143-A:5.

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.  

3  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.

4  New Paragraph; Food Service Licensure; Rulemaking.  Amend RSA 143-A:9 by inserting after paragraph X the following new paragraph:

XI.  Requirements for food allergy awareness under RSA 143-A:8-a.

5  Effective Date.  This act shall take effect January 1, 2022.

Links

HB65 at GenCourtMobile
HB65 Discussion

Action Dates

Date Body Type
Feb. 16, 2021 House Hearing
March 2, 2021 House Exec Session
March 3, 2021 House Exec Session

Bill Text Revisions

HB65 Revision: 31364 Date: Jan. 4, 2021, 10:33 a.m.

Docket


Sept. 7, 2021: Subcommittee Work Session: 09/07/2021 10:00 am LOB 302-304


: Retained in Committee


March 2, 2021: Executive Session: 03/02/2021 09:00 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/95215897452


March 3, 2021: Executive Session: 03/03/2021 01:30 pm Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/98917516497 (if necessary)


Feb. 16, 2021: Public Hearing: 02/16/2021 09:30 am Members of the public may attend using the following link: To join the webinar: https://www.zoom.us/j/95175123874 / Executive session on pending legislation may be held throughout the day (time permitting) from the time the committee is initially convened.


Jan. 6, 2021: Introduced (in recess of) 01/06/2021 and referred to Commerce and Consumer Affairs HJ 2 P. 34


Jan. 6, 2020: To Be Introduced 01/06/2020 and referred to Commerce and Consumer Affairs