Revision: May 2, 2024, 1:05 p.m.
HB 1565-FN - VERSION ADOPTED BY BOTH BODIES
22Feb2024... 0473h
21Mar2024... 0874h
2024 SESSION
24-2050
08/05
HOUSE BILL 1565-FN
AN ACT relative to the definition of potentially hazardous food.
SPONSORS: Rep. Coulon, Graf. 5; Rep. Costable, Carr. 8; Rep. Granger, Straf. 2; Sen. Innis, Dist 7
COMMITTEE: Environment and Agriculture
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AMENDED ANALYSIS
This bill removes "processed acidified" food from the definition of potentially hazardous food.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Feb2024... 0473h
21Mar2024... 0874h 24-2050
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the definition of potentially hazardous food.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Homestead Food License Required; Potentially Hazardous Food; Definition. Amend RSA 143-A:12, I(b) to read as follows:
(b) "Potentially hazardous food" means foods requiring temperature control for safety because they are capable of supporting the rapid growth of pathogenic or toxigenic microorganisms, and the growth of toxin production of clostridium botulinum. Potentially hazardous foods also include [processed acidified and] low acid canned foods.
2 Effective Date. This act shall take effect 60 days after its passage.
24-2050
Amended 3/5/24
HB 1565-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2024-0473h)
AN ACT relative to the definition of potentially hazardous food.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||||
Revenue | $0 | Approximate $10,000 decrease | Approximate $10,000 decrease | Approximate $10,000 decrease | ||||
Revenue Fund(s) | General Fund | |||||||
Expenditures | $0 | $0 - $10,000 | $0 - $10,000 | $0 - $10,000 | ||||
Funding Source(s) | General Fund | |||||||
Appropriations | $0 | $0 | $0 | $0 | ||||
Funding Source(s) | None | |||||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] See Below • Does this bill authorize new positions to implement this bill? [X] No | ||||||||
METHODOLOGY:
This bill removes processed acidified foods from the definition of "potentially hazardous food" under RSA 143-A:12. Currently, producers of such foods are required to hold a license and the products must be made in a commercial kitchen. Under this bill, some producers may no longer require licensure should they choose to make processed acidified foods as homestead food operations. The Department of Health and Human Services estimates that the impact on state revenues from loss of licensure and annual fees (which could be partially offset from additional homestead licensing fees should entities opt to register as such) will be approximately $10,000 per year. The Department further notes that it may incur additional expenses for staff time, travel, and laboratory testing to investigate foodborne illnesses caused by homestead foods. While these expenses are indeterminable, the Department did provide an estimate of up to $10,000 annually.
The New Hampshire Municipal Association states the bill is not expected to have a fiscal impact.
It is assumed that the fiscal impact will begin in FY 2025.
AGENCIES CONTACTED:
Department of Health and Human Services and New Hampshire Municipal Association