Revision: Nov. 9, 2023, 4:26 p.m.
2024 SESSION
24-2438.0
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2438.0
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 Artisan Food Operations. Amend RSA 143-A:3, IV to read as follows:
IV. "Food service establishment" means any 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 the public with or without charge.
3 Artisan Food Operations; Definitions. Amend RSA 143-A:3, VII - VIII to read as follows:
VII. "Retail food store and retail store" means any permanent establishment or section of permanent establishment where food, 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 does not include food and beverage vending machines.
VIII. “Roadside stand” as used in this subdivision, means an enclosed or unenclosed outbuilding or mobile cart located on non-farm real property owned or occupied by an artisan food product producer, and from where artisan food products may be displayed 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 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.
4 Artisan Food Exemption. Amend the introductory paragraph RSA 143-A:5 to read as follows:
The following establishments, camps, facilities, operations, farms, events, venues, roadside stands, fixed and mobile food units, and machines 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:
5 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.
6 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; roadside or farm roadside stands, and temporary, or occasional food service establishments from which artisan food products are sold.
XI. A temporary food sales event or venue where homemade food is wholly donated to, and re-sold by a sponsoring non-profit organization for fundraising purposes.
XII. Food and beverage vending machines, and fixed or mobile food units exclusively vending artisan food products.
7 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, and in accordance with this subdivision.
(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 canned foods and exclude acidified canned foods.
(c) “Artisan food products” means all food, including soft beverages, including, but not limited to canned, 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 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. The production and sale of artisan food products in accordance with this section are exempt from all licensing, permitting, inspection, packaging, and labeling laws in this state. This section shall not exempt a producer or seller of artisan food products from any requirement to register the producer or seller’s name, address, or other identification with the state.
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 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, 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, 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; and allergy information. All products produced by artisan food operations exempt from licensure shall also be clearly labeled with 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 canned, acidified, or fermented it shall also be clearly labeled with the following statement: “Refrigerate after opening.”
(2) If the product is potentially hazardous, it shall 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, in lieu of a label affixed to the packaging, and if offered for sale, or sampling 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 requirements in subparagraphs (d) through (f), artisan food products that are sold by a third-party vendor shall be sold in a separate section of the store or on a separate display case 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."
(h) Commercial-grade restaurant and bakery appliances shall not be used to prepare artisan food products. Artisan food product products and ingredients shall only be stored in the producer’s residence.
(i) Fresh bagged or boxed non-potentially hazardous artisan food products sold from an unenclosed roadside or farm stand structure shall not display products overnight or under harsh weather conditions such as in direct sunlight; potentially hazardous artisan food products shall be maintained at an appropriate temperature.
(j) If the product contains alcohol, it shall be produced in accordance with RSA 175:5-a.
(k) 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 foodborne illness during production, packaging, storage, transport, display, or sampling of foods intended for sale to the public.
(l) Sampling of artisan food products shall be allowed without restrictions if the products are labeled, or there is product signage 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 foodborne illness. 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 foodborne illness, 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.
8 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.
9 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] artisan food operations exceeding the annual maximum gross sales limit or [homestead] artisan 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] artisan food product.
IV. Content and format of all forms required under this subdivision.
V. Fees for non-exempt [homestead] artisan food operation licenses, including application fees and fees for renewal.
10 Repeal. RSA 143-A:3, V-a, relative to occasional food service events, is repealed.
11 Effective Date. This act shall take effect 60 days after its passage.