Revision: Feb. 2, 2024, 9:26 a.m.
SB 594-FN - AS INTRODUCED
2024 SESSION
24-3151
08/09
SENATE BILL 594-FN
AN ACT defining state approved processing facility and regulating on farm slaughter of amenable animals.
SPONSORS: Sen. Innis, Dist 7; Sen. Ward, Dist 8; Rep. Bixby, Straf. 13; Rep. Spillane, Rock. 2
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill defines state approved processing facility for slaughtering and processing amenable animals and makes regulations regarding the on-farm slaughter of amenable animals.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-3151
08/
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT defining state approved processing facility and regulating on farm slaughter of amenable animals.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; State Approved Processing Facility; Defined. Amend RSA 427:2 by inserting after paragraph XXV the following new paragraph:
XXVI. "State approved processing facility" means a facility that slaughters and/or processes amenable animals for personal use and intrastate sale to consumers in New Hampshire. A state approved processing facility shall slaughter and/or process no more than 100 pigs and 50 cows in a calendar year and is inspected annually.
2 New Paragraphs; On-Farm Slaughter; State Approved Processing Facility; Exceptions. Amend RSA 427:2-a by inserting after paragraph IV the following new paragraphs:
V. The slaughter of animals of amenable species on a farm for purposes of sale, as provided in RSA 143-A:5, IX, shall be exempt from the provisions of this subdivision requiring inspection of the slaughter of animals and preparation of the carcasses, parts thereof, meat, and meat food products for sale within this state to the public. The slaughter of an amenable animal under this paragraph shall be permitted only:
(a) When the owner of the amenable animal designates a slaughter area on the farm premises.
(b) When the amenable animal is slaughtered in a humane method, as defined in RSA 427:33, III, by the owner or the owner's full time or seasonal employee.
(c) When the daily forecast temperature is not going to be above 60 degrees.
(d) When a veterinarian licensed under RSA 332-B or a veterinary technician certified under RSA 332-B conducts an ante-mortem examination of each amendable animal on the day of slaughter, witnesses the slaughter, conducts a post-mortem examination of the carcass, and documents his or her examinations in the report required under subparagraph (e).
(e) When the veterinarian or veterinary technician and owner make a report of the slaughter on a form or forms provided by the state veterinarian which contains the following:
(1) Name, address, and phone number of animal owner and the location of the farm.
(2) Identification number on animal to assure same carcass arrives at the processing facility.
(3) Date and time of slaughter and the time of each examination.
(4) Statement that examinations were visual.
(5) Statement that live animal was examined both at rest and in motion.
(6) Ante-mortem examination stating live animal is free from any observed abnormalities, including but not limited to:
(A) No observed lameness, stiffness, abnormal body positions (e.g,. tucked abdomen, arched back, extended neck or tail, etc.).
(B) No abnormal discharges or odors.
(C) No blisters or vesicles observed.
(D) No abnormal growths, swellings, enlargements, injuries, loss of hair or other skin lesions, infestations (e.g., maggots), labored breathing, or diarrhea.
(E) Animal did not appear abnormally nervous or restless, excessively anxious or upset, depressed, disinterested, or blind.
(F) Animal did not stagger, circle, head press, salivate excessively, rub or scratch excessively.
(G) Both eyes present and normal.
(7) Post-mortem examination stating carcass is free from any observed abnormalities, including but not limited to:
(A) Mouth, tongue, and eyes appear normal.
(B) Lymph nodes appear normal.
(C) No observed lumps, bumps, or growths.
(D) No abnormal odors or discharges.
(E) No adhesions or ongoing infectious processes.
(8) This statement: "A veterinarian licensed to practice in the state shall be held harmless from either criminal or civil liability for any decisions made for services rendered in good faith under the provisions of RSA 427:2-a. Such a veterinarian is, therefore, protected from a lawsuit for his or her part in any illness, product quality failure, or other concern resulting from the products of this animal." Liability for any illness or product quality failure shall rest solely and completely with the animal owner.
(9) A certification by the animal owner that this animal is free from antibiotic, dewormer, and chemical residues, and that the label instructions were followed regarding the withdrawal of such substances.
(10) Signature blocks for both the veterinarian or veterinary technician and the animal owner, signed by both.
(f) When the owner of the amenable animal retains the original copy of the report made in subparagraph (e). A copy of such report shall accompany the carcass to the processing facility. The processing facility shall retain a copy of the report for one year.
(g) Prior to sale, as provided in RSA 143-A:5, IX, it is labeled as required in RSA 143-A:19.
VI. The slaughter and processing of animals of amenable species at a state approved processing facility for purpose of sale, as provided in RSA 143-A:5, IX, shall be exempt from the provision of the provisions of this subdivision requiring inspection of the slaughter of animals and preparation of the carcasses, parts thereof, meat, and meat food products for sale within the state to the public so long as:
(a) The state approved processing facility is inspected once a year by the state veterinarian or his or her designee.
(b) The state approved processing facility has a designated concrete kill floor that is properly sanitized after every kill to mitigate any disease risk.
(c) Carcasses of amenable animals that are slaughtered on the farm are only transported to the state approved processing facility on days with a predicted high of no more than 60 degrees Fahrenheit.
3 Times of Examination and Inspection; Exceptions. Amend RSA 427:9 to read as follows:
427:9 Times of Examination and Inspection.
A certified meat inspector shall be present in all establishments at any time during which livestock are slaughtered for the purposes of commerce, except exempted slaughter of certain poultry under RSA 427:2-a, the slaughter of bison, elk, red deer, or amenable species under RSA 427:2-a, and slaughter at state approved processing facilities under RSA 427:2-a.
4 Exemptions; Food Service Licensure. Amend RSA 143-A:5, IX to read as follows:
IX. A farm owned or operated by any person, firm, or corporation that raises bison, elk, [or] red deer, or amenable animal 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 through VI, to the consumer from such farm, at the producer's farm stand, and by the producer at farmers' markets, or when sold to a licensed restaurant in accordance with RSA 143-A:20.
5 Labeling. Amend RSA 143-A:19 to read as follows:
143-A:19 Labeling; Meat from Uninspected Bison, Elk, [or] Red Deer, and Amenable Animals. All packaging containing uninspected bison, elk, [or] red deer, and amenable animals shall be clearly labeled to include a description of the product, the name, address, and telephone number of the farm where the product originates, and the date of slaughter.
6 Labeling; Effective 2025. Amend RSA 143-A:19 to read as follows:
143-A:19 Labeling; Meat from Uninspected Bison and Amenable Animals. All packaging containing uninspected bison and amenable animals shall be clearly labeled to include a description of the product, the name, address, and telephone number of the farm where the product originates, and the date of slaughter.
7 Effective Date. This act shall take effect 60 days after its passage.
24-3151
1/31/24
SB 594-FN- FISCAL NOTE
AS INTRODUCED
AN ACT defining state approved processing facility and regulating on farm slaughter of amenable animals.
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 | $0 | $0 | $0 | ||
Revenue Fund(s) | None
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Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Funding Source(s) | General Fund
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Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
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• Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A • Does this bill authorize new positions to implement this bill? [X] N/A
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METHODOLOGY:
This bill defines state approved processing facility for slaughtering and processing amenable animals and makes regulations regarding the on-farm slaughter of amenable animals.
The Department of Agriculture, Markets and Foods indicates this bill would be in violation of the federal regulations concerning state meat inspection programs (21 USC Ch.12 Meat Inspection, Sec. 621). As a result, the Department is unable to estimate the fiscal impact of the bill.
With an effective date of 60 days after passage, it is assumed that any fiscal impact would occur after FY 2024.
AGENCIES CONTACTED:
Department of Agriculture, Markets, and Food