Revision: Jan. 11, 2023, 9:43 a.m.
2023 SESSION
23-0923.0
08/05
SENATE BILL [bill number]
AN ACT allowing students under age 21 to taste wine in educational settings.
SPONSORS: [sponsors]
COMMITTEE: [committee]
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ANALYSIS
This bill allows students under age 21 to taste wine in certain educational settings.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0923.0
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT allowing students under age 21 to taste wine in educational settings.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Consumption by Minors; Educational Settings. Amend RSA 179 by inserting after section 10-a the following new section:
179:10-b Consumption by Minors; Educational Settings.
I. In this section:
(a) “Qualified academic institution” means a public college or university accredited by a commission recognized by the United States Department of Education.
(b) “Qualified student” means a student enrolled in a qualified academic institution who is at least 18 years of age.
(c) “Taste” means to draw an alcoholic beverage into the mouth, but does not include swallowing or otherwise consuming the alcoholic beverage.
II. A qualified student may taste an alcoholic beverage, and both the student and the qualified academic institution in which the student is enrolled shall not be subject to criminal prosecution under RSA 179:10, if all of the following criteria are met:
(a) The qualified student tastes the alcoholic beverage while enrolled in a qualified academic institution.
(b) The qualified academic institution has established an associate degree or bachelor degree program in enology or brewing that is designed to train industry professionals in the production of wine or beer.
(c) The qualified student tastes the alcoholic beverage for educational purposes as part of the instruction in a course required for an associate degree or bachelor degree.
(d) The alcoholic beverage remains in the control of an authorized instructor of the qualified academic institution who is at least 21 years of age.
III. Nothing in this section shall be construed to allow a student under 21 years of age to receive an alcoholic beverage unless it is delivered as part of the student’s curriculum requirements.
IV. A license or permit is not required to be held by a qualified academic institution engaging in the activities authorized by this section, provided an extra fee or charge is not imposed for the alcoholic beverages tasted.
2 Unlawful Possession and Intoxication. Amend RSA 179:10, I to read as follows:
I. Except as provided in RSA 179:10-b and RSA 179:23, any person under the age of 21 years who has in his or her possession any liquor or alcoholic beverage, or who is intoxicated by consumption of an alcoholic beverage, shall be guilty of a violation and shall be fined a minimum of $300. Any second and subsequent offense shall be fined at least $600. For purposes of this section, alcohol concentration as defined in RSA 259:3-b of .02 or more shall be prima facie evidence of intoxication. No portion of this mandatory minimum fine shall be waived, continued for sentencing, or suspended by the court. In addition to the penalties provided in this section, the court may, in its discretion, impose further penalties authorized by RSA 263:56-b.
3 Effective Date. This act shall take effect 60 days after its passage.