Bill Text: NH HB1102 | 2020 | Regular Session | Amended


Bill Title: Requiring food service establishments to establish food allergy awareness procedures.

Spectrum: Slight Partisan Bill (Democrat 4-2)

Status: (Engrossed) 2020-06-16 - Introduced 06/16/2020, and Laid on Table, Motion Adopted, Voice Vote; 06/16/2020; Senate Journal 8 [HB1102 Detail]

Download: New_Hampshire-2020-HB1102-Amended.html

HB 1102 - AS AMENDED BY THE HOUSE

 

11Mar2020... 0437h

2020 SESSION

20-2004

08/05

 

HOUSE BILL 1102

 

AN ACT requiring food service establishments to establish food allergy awareness procedures.

 

SPONSORS: Rep. Rung, Hills. 21; Rep. Marsh, Carr. 8; Rep. J. Schmidt, Hills. 28; Rep. Guthrie, Rock. 13; Rep. Kenney, Straf. 6; Sen. Feltes, Dist 15

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill requires food service establishments to establish food allergy awareness procedures.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2020... 0437h 20-2004

08/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT requiring food service establishments to establish food allergy awareness procedures.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Short Title; Rachel's Law.  This act shall be known as "Rachel's Law."

2  New Section; Food Allergy Awareness.  Amend RSA 143-A by inserting after section 8 the following new section:

143-A:8-a  Food Allergy Awareness.  

I.  Each food service establishment licensed by the state under RSA 143-A:6 or by the municipality in which it operates shall:

(a)  Include on all menus and menu boards a notice to customers of the customer's obligation to inform the server of his or her food allergies.

(b)  Have a person in charge during all hours of operation trained and certified as a food protection manager by a program approved by the department which includes training regarding food allergens.  Such person shall ensure that employees are properly informed of food safety issues, including awareness of food allergies, as it is related to the employees' assigned duties.

II.  A food service establishment that violates this section shall be subject to enforcement in accordance with rules adopted under RSA 143-A:9, XI, or local ordinance relative to food service licensure.

III.  This section shall not apply to any food service establishment exempt from licensure or inspection under RSA 143-A:5.

IV.  Nothing in this section shall establish or affect any private cause of action.  This section shall not affect any other right or remedy available by statute.  

3  Exemption for Food Service Establishments Regulated By Municipalities Limited.  Amend RSA 143-A:5, I-II to read as follows:

I.  Food service establishments and retail food stores licensed by city health officers under RSA 47:17, except with regard to the food allergy provisions of RSA 143-A:8-a.

II.  Food service establishments and retail food stores licensed by town health officers under RSA 147:1, except with regard to the food allergy provisions of RSA 143-A:8-a.

4  New Paragraph; Food Service Licensure; Rulemaking.  Amend RSA 143-A:9 by inserting after paragraph X the following new paragraph:

XI.  Requirements for food allergy awareness under RSA 143-A:8-a.

5  Effective Date.  This act shall take effect January 1, 2021.

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