Revision: Dec. 15, 2023, 9:18 a.m.
2024 SESSION
24-2438.1
08/10
HOUSE BILL [bill number]
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill redefines "homestead foods" as "artisan foods," creates an artisan food operations exemption, establishes artisan food products sales venues, and allows the production and sale of artisan food products requiring refrigeration.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2438.1
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Health and Human Services; Food Service; Artisan Food Operations. Amend the chapter heading of RSA 143-A to read as follows:
FOOD SERVICE LICENSURE AND ARTISAN FOOD OPERATIONS
2 New Paragraph; Definition; Farm Roadside Stand. Amend RSA 143-A:3 by inserting after paragraph II the following new paragraph:
II-a. "Farm roadside stand" means an enclosed or unenclosed outbuilding or mobile cart located on farmed real property, whether attended or unattended, that is considered an agricultural operation subject to RSA 24:34a, III, and where artisan food products may be displayed, sampled, or sold.
3 Artisan Food Operations. Amend RSA 143-A:3, IV to read as follows:
IV. "Food service establishment" means any licensed fixed or mobile, attended or unattended restaurant; coffee shop; cafeteria; short order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; non-residential roadside stand; industrial feeding establishment; food processing plants; food vending operation; private or public organization or institution, whether profit or nonprofit, which routinely serves food; non-residential catering kitchen; commissary, or similar non-residential place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other eating and drinking establishment in which potentially hazardous food is served or provided [for] to the public with or without charge.
4 Imminent Health Hazard, Occasional Food Service; Definitions. Amend RSA 143-A:3, IV-b through 143-A:3, V-a to read as follows:
IV-b. "Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or [event] place creates a situation that requires immediate correction or cessation of operation to prevent injury or illness.
V. "Occasional food service establishment" means any licensed food service establishment where food is served or provided for the public on the premises of the establishment, whether or not there is a charge for such food, no more than 4 days during a 30-day period. Any part of a day shall be considered one full day for the purposes of this definition.
V-a. "Occasional food service events" means[ events which are not regularly scheduled where food is provided to participants such as extracurricular school events, non-profit sporting events, and periodic events sponsored by religious or nonprofit organizations]a singularly or periodically held event, whether sponsored by an individual, a charitable, or a religious organization, a private or government entity, or an institution where food, including food produced in a residential kitchen by a non-artisan food operation, or sold to the sponsor by an artisan food operation is served to attendees with or without charge.
5 Artisan Food Operations; Definitions. Amend RSA 143-A:3, VII - XI to read as follows:
VII. "Retail food store [and retail store]" means any licensed permanent establishment or section of such an establishment that offers for sale to the public pre-packaged or prepared [where] food, or food products, including artisan food products intended for off-premise consumption, [are offered for re-sale to the public]. The term includes delicatessens which offer prepared food in bulk quantities only. [, and] It does not include other retail stores that may sell pre-packaged, non-potentially hazardous foods, artisan food operations, residential or farm roadside stands, occasional food service functions, temporary food sales events, or venues, fixed or mobile food units that exclusively sell artisan food products, or food and beverage vending machines.
VIII. “Residential roadside [Roadside] stand” as used in this subdivision, means an enclosed or unenclosed outbuilding or mobile cart located on non-farm residential real property owned or occupied by an artisan food product producer, and from where artisan food products may be displayed, sampled, and sold, subject to the provisions of local zoning or other local requirements, if applicable, and shall not be considered a commercial operation.
IX. “Temporary” as used in this subdivision means not fixed, or permanent.
X. “Temporary food sales event, or venue" means a temporary event or series of events, or venue open to the public, by whatever name advertised, where food, including artisan food products, are sold to consumers.
XI. ”Temporary food service establishment" means any licensed food service establishment that operates at a fixed location for a temporary period of time not exceeding 2 weeks, in connection with a fair, festival, carnival, circus, public exhibition, or similar transitory gathering, or temporary food sales event, or venue.
6 New Paragraph; Third-Party Vendor; Definition. Amend RSA 143-A:3 by inserting after paragraph VIII the following new paragraph:
IX. “Third-party vendor” includes, but is not limited to a temporary or occasional food service establishment, retail food or other retail store, or other licensed food service establishment that re-sells artisan food products and excludes a charitable, or religious organization that re-sells artisan food products for fundraising purposes.
7 Artisan Food Exemption. Amend the introductory paragraph RSA 143-A:5 to read as follows:
The following establishments, camps, farms, functions, fixed and mobile food units, and machines, operations, roadside stands, and venues, [and events] shall be exempt from departmental licensure and inspection under this chapter, except that the department may inspect when the department has reason to suspect an imminent health hazard as defined in RSA 143-A:3, IV-b:
8 Exemptions. Amend RSA 143-A:5, III to read as follows:
III. Occasional food service functions, residential or farm roadside stands, temporary food sales events or venues, temporary or occasional food service establishments, fixed and mobile food units, and food and beverage vending machines that [and occasional food service establishments and occasional food service events which] are not under the jurisdiction of city or town health officers under RSA 147:1 and RSA 47:17.
9 Exemptions. Amend RSA 143-A:5, VIII -IX to read as follows:
VIII. A farm owned or operated by a federally exempt poultry producer, as defined in RSA 143-A:14, I, and the direct sale of such poultry to the consumer from the producer's farm, at the producer's farm stand, and by the producer at a [farmers market,] temporary food sales event or venue, or when sold to a licensed restaurant in accordance with RSA 143-A:14 through RSA 143-A:17.
IX. A farm owned or operated by any person, firm, or corporation that raises bison, elk, or red deer 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 427:2-a, IV, to the consumer from such farm, at the producer's farm roadside stand, and by the producer at [farmers' markets] temporary food sales events or venues, or when sold to a licensed restaurant in accordance with RSA 143-A:20.
10 Artisan Food Exemption. Amend RSA 143-A:5, VII to read as follows:
VII. [Homestead] Artisan food operations selling food[, excluding potentially hazardous food as defined in RSA 143-A:12, I(b), from the homestead residence, at the owner's farm stand, or at farmers' markets] in accordance with RSA 143-A:12.
11 New Paragraphs; Artisan Food Exemptions. Amend RSA 143-A:5 by inserting after paragraph IX the following new paragraphs:
X. Temporary food sales events or venues; occasional food service functions; residential or farm roadside stands, and temporary, or occasional food service establishments from which artisan food products are sampled or sold, and third-party vendors reselling artisan food products.
XI. A temporary food sales event or venue, or an occasional food service function where food produced in a residential kitchen is wholly donated to a charitable or religious organization that re-sells the food for fundraising purposes.
XII. Food and beverage vending machines and fixed or mobile food units exclusively sampling or selling artisan food products.
12 Artisan Food Operations. RSA 143-A:12 is repealed and reenacted to read as follows:
143-A:12 Artisan Food Operations.
I. In this subdivision:
(a) “Artisan food operation” means a person who is in the business of producing artisan food products from within the home kitchen of that person's primary residence in New Hampshire, , that are intended to be sold to the public or a third-party vendor for resale, in accordance with this subdivision and the department's administrative rules.
(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. For the purpose of this subdivision, potentially hazardous foods include low-acid and fermented foods and exclude acidified foods.
(c) “Artisan food products” means all food, including soft beverages, including, but not limited to low-acid, acidified, and fermented food, which is produced by an artisan food operation only within the home kitchen of a person’s primary residence, and if canned, canned using the appropriate canning method and if packaged, packaged at a person’s primary residence in New Hampshire.
(d) “Produce” means to prepare a food item by cooking, baking, drying, mixing, cutting, fermenting, preserving, growing or dehydrating,
(e) “Producer” means the person who produces an artisan food product.
(f) “Seller” means the person who sells an artisan food product to the consumer.
II. Artisan food operations, the agents of such operations, and food products produced by such operations, along with the production, packaging, labeling, storage, transportation, display, sampling, and sale of artisan food products in accordance with this section are exempt from all licensing, registration, or permitting, and any inspection, packaging, and labeling laws in this state. This section shall not absolve a producer from liability.
III. The exemption in paragraph II shall apply only if the following conditions are satisfied:
(a) Non-potentially hazardous artisan food products shall be sold by the producer or its agent to the consumer, whether in person or remotely from the producer's artisan food operation, including by telephone and Internet, at temporary food sales events, or venues, from a fixed or mobile food unit exclusively selling artisan food products, a residential or farm roadside stand, or to, and for re-sale by a third-party vendor, that may be delivered by a third-party carrier.
(b) Artisan food products that are potentially hazardous shall be sold by the producer or its agent to the consumer, or a third-party vendor, whether in person or remotely from the producer's artisan food operation, including by telephone and Internet, and delivered by the producer to the consumer in-person, at temporary food sales events or venues, from a fixed or mobile food unit exclusively selling artisan food products, a roadside or farm roadside stand, or to and for re-sale by temporary or occasional food service establishments, retail food and retail stores, licensed restaurant or grocery store.
(c) If potentially hazardous artisan food products are transported before final delivery to the consumer, the food shall be maintained at an appropriate temperature during transport, cannot be transported more than once, and cannot be transported for longer than 2 hours, and after reaching its final destination, shall be maintained at an appropriate temperature at all times thereafter.
(d) All artisan food operations shall disclose the following information to the consumer in a format provided in subparagraphs (e) and (f): name, address, and phone number of the homestead artisan food operation; name of the artisan food product; the ingredients of the artisan food product, in descending order of predominance by weight. All packaged products and products sampled or sold from bulk containers produced by artisan food operations exempt from licensure shall also be clearly labeled with, or product signage shall include, the following statement: “This product was produced in a residential kitchen that is exempt from New Hampshire licensing and inspection." and “This product may contain allergens.” In addition to the above statements:
(1) If the product is low-acid, acidified, or fermented food it shall also be clearly labeled with the following statement: “Refrigerate after opening.”
(2) If the product requires maintaining temperature control immediately after purchase, it shall also be clearly labeled with the following statement: “Consume immediately or refrigerate after purchase.”
(e) The information required by subparagraph (d) shall be provided:
(1) On a label affixed to the package if the artisan food product is packaged;
(2) On a label affixed to the container, if the artisan food product is offered for sale, or is sampled from a bulk container;
(3) On a placard displayed at the point of sale, instead of a label affixed to the packaging if the artisan food product is sampled or offered for sale from a bulk container;
(4) On the webpage of an artisan food operations, when artisan food products are offered for sale over the Internet.
(f) If the artisan food product is sold by telephone or custom order, the information required by subparagraph (d) shall also be orally disclosed to the consumer before purchase and made readily available to the consumer in writing upon request.
(g) In addition to the labeling and disclosure requirements in subparagraphs (d) through (f), artisan food products that are sold to a third-party vendor for resale shall be displayed in a separate section of the vendor's establishment or shall be contained in a display case that is separate from non-artisan food products. A sign shall clearly state: “This product was produced in a residential kitchen that is exempt from New Hampshire licensing and inspection and may contain allergens."
(h) Fresh bagged or boxed artisan food products sold from an unenclosed residential or farm roadside stand shall not display products overnight or under harsh weather conditions such as in direct sunlight; artisan food products requiring temperature control shall be maintained at an appropriate temperature.
(i) If the product contains alcohol, it shall be produced in accordance with RSA 175:5-a.
(j) The artisan food producer and its agents shall at all times engage in the practice of safe handling of ingredients and finished products, which prior to transport and sale must be kept stored within the primary residence of the person or agent, and if potentially hazardous, maintained at an appropriate temperature, along with good personal and kitchen premise hygiene, the sanitation of equipment, and implements, and shall prevent contamination, or cross-contamination of food that can cause an imminent health hazard as defined in RSA 143-A:3, IV-b during production, packaging, storage, transport, display, or sampling of foods intended for sale to the public.
(k) Sampling of artisan food products shall be allowed without restrictions if the products are labeled, or there is product signage displayed in accordance with this subdivision.
IV. Nothing in this subdivision shall be construed to impede the department of health and human services in any investigation of an imminent health hazard as defined in RSA 143-A:3, IV-b. The department shall also have the authority to enforce this subdivision and may impose a fine no greater than $75 for each violation. Except when responding to a complaint of an imminent health hazard as defined in RSA 143-A:3, IV-b, the department shall issue a written warning to the artisan food operation before issuing a fine.
V. The department of health and human services may adopt rules under RSA 541-A if necessary to administer the provisions of this subdivision. Any rules shall be narrowly tailored to administer the provisions in this subdivision. The department shall not adopt rules regarding the layout of and types of equipment used in residential kitchens; use of standard third-party recipes, or third-party inspections of recipes or product testing.
VI. Local governments shall not regulate artisan food operations or artisan food products in a manner that is more restrictive than state law.
VII. The department of health and human services shall twice annually issue a public service announcement or news release submitted to state-wide media outlets, to educate and increase the public’s awareness that there are laws and administrative rules governing homemade foods intended for sale to the public, and to further inform citizens that said laws and rules can be found listed on the department’s website, and to provide the department’s phone number and address should any citizen need personal assistance.
VIII. The department of health and human services shall publish links to applicable laws, rules, and any published guidance and shall remove broken links, outdated information, or other inaccurate published guidance within 60 days of the effective date of any change in the laws and rules.
13 Certified Food Protection Manager; Reference Changed. Amend RSA 143-A:11-a, III to read as follows:
III. This section shall not apply to food establishments licensed under RSA 143-A:6 as food processing plants, cold storage or refrigerating warehouses; retail stores with no food preparation or limited to self-service foods, servicing areas, bed and breakfasts, lodging facilities serving continental breakfasts, home delivery services of packaged frozen food; pushcarts and other mobile food units, those serving packaged food and non-potentially hazardous unwrapped foods only; wholesalers/distributors; on-site vending machines, bars/lounges without a food preparation area; arena/theater concessions serving non-potentially hazardous; sellers of pre-packaged frozen meat or poultry that is processed in an USDA-inspected plant; [homestead food operations] artisan food operation.
14 Artisan Food Operation. Amend RSA 143-A:13 to read as follows:
143-A:13 Rulemaking. The commissioner, in consultation with the commissioner of the department of agriculture, markets, and food shall adopt rules, pursuant to RSA 541-A, relative to:
I. Foods which may be made in an [homestead] artisan food operation and potentially hazardous foods[, which shall not be made in a homestead food operation].
II. Content and format of all labeling requirements.
III. [Licensing requirements for homestead food operations exceeding the annual maximum gross sales limit or homestead food operations who wish to sell food products, excluding potentially hazardous foods, to restaurants or other retail food establishments, over the Internet, by mail order, or to wholesalers, brokers, or other food distributors who will resell the homestead food product.
IV.] Content and format of all forms required under this subdivision.
[V. Fees for non-exempt homestead food operation licenses, including application fees and fees for renewal.]
15 Effective Date. This act shall take effect 60 days after its passage.