Bill Text: NH HB119 | 2023 | Regular Session | Amended
Bill Title: Relative to homestead food operation licensure and making provisions for the sale of meat from uninspected bison, elk, or red deer.
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2023-08-09 - Signed by Governor Sununu 08/04/2023; Chapter 180; eff: I. Sec 7-10 eff 07/01/2025 II. Rem eff 10/03/2023 House Journal 17 [HB119 Detail]
Download: New_Hampshire-2023-HB119-Amended.html
HB 119-FN - AS AMENDED BY THE SENATE
16Mar2023... 0629h
05/18/2023 1895s
2023 SESSION
23-0111
08/10
HOUSE BILL 119-FN
SPONSORS: Rep. Ankarberg, Straf. 7; Rep. Berezhny, Graf. 11; Rep. Cushman, Hills. 28; Rep. Coulon, Graf. 5; Rep. Jonathan. Smith, Carr. 5
COMMITTEE: Environment and Agriculture
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AMENDED ANALYSIS
This bill allows homestead food operations to sell food, excluding potentially hazardous food, from the homestead residence, at the owner's farm stand, or at farmers' markets. It also expands food service and meat inspection regulations to cover bison, elk, and red deer.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16Mar2023... 0629h
05/18/2023 1895s 23-0111
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Homestead Food Operations. Amend RSA 143-A:5, VII to read as follows:
VII. Homestead food operations selling [less than a maximum annual gross sales of $35,000 of] 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.
2 Food Services Licensure; Exemption. 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 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 stand, and by the producer at farmers' markets, or when sold to a licensed restaurant in accordance with RSA 143-A:20.
3 Meat from Uninspected Bison, Elk, and Red Deer. Amend the subdivision heading preceding RSA 143-A:18 to read as follows:
Meat from Uninspected Bison, Elk, or Red Deer
4 Food Services Licensure; Cervidae Animals Added. Amend RSA 143-A:18 through RSA 143-A:20 to read as follows:
143-A:18 Definition of Uninspected Bison, Elk, or Red Deer. For purposes of this subdivision, "uninspected bison, elk, or red deer" means carcasses, parts, meat, and meat food products of bison, elk, or red deer slaughtered and processed in accordance with RSA 427:16, XII and sold or to be sold as provided in RSA 427:2-a, IV.
143-A:19 Labeling; Meat from Uninspected Bison, Elk, or Red Deer. All packaging containing uninspected bison, elk, or red deer 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.
143-A:20 Purchase of Uninspected Bison, Elk, or Red Deer by Licensed Restaurants.
I. A licensed restaurant, as defined in RSA 143-A:14, II, may purchase from bison, elk, or red deer producers uninspected bison, elk or red deer that is labeled in accordance with RSA 143-A:19.
II. For at least 90 days from the date of each purchase, the licensed restaurant shall keep on file the receipt of purchase to include the product purchased, the date of purchase, the name of the producer, the name and address of the farm, and phone number.
III. The licensed restaurant shall clearly label any menu item containing uninspected bison, elk, or red deer with the following statement: "This product was slaughtered at the farm and is exempt from state and federal inspection."
5 Meat Inspection; Exemptions. Amend RSA 427:2-a, IV to read as follows:
IV. The slaughter of bison, elk, or red deer 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 a bison, elk, or red deer under this paragraph shall be permitted only:
(a) When the owner of the bison, elk, or red deer designates a slaughter area on the farm premises.
(b) When the bison, elk, or red deer 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) From September 1 to April 30.
(d) When no more than 12 hours passes from the time of slaughter to the placement of the carcass in a refrigerated facility at or below 41 degrees Fahrenheit.
(e) When a veterinarian licensed under RSA 332-B conducts an ante-mortem examination of each [bison 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 (f).] herd on an annual basis and the documents related to his or her examination are kept on file with all relevant information including:
(1) Species being inspected;
(2) Herd condition; and
(3) Location and time of inspection.
(f) When the veterinarian 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 427:16, XII. 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 and the animal owner, signed by both.
(g)] (f) When such animal is transported to and processed at a facility that is eligible to conduct custom exempt activities as regulated by the USDA pursuant to 21 U.S.C. section 623(a) and associated Departmental regulations.
[(h)] (g) When the owner of the bison, elk, or red deer retains the original copy of the report made in subparagraph[ (f)] (e). A copy of such report shall accompany the bison, elk, or red deer carcass to the processing facility. The processing facility shall retain a copy of the report for one year.
[(i)] (h) When bison, elk, or red deer meat is ground for sale, [it is] ground meat from every second animal processed shall be tested by the processing facility for Escherichia coli and salmonella at the [bison] owner's expense. All aspects of the testing, including sampling, shall be done in a manner that complies with standards and procedures of the USDA, and may include the services of an outside laboratory. The owner of the meat shall not sell it until he or she is in receipt of the test result that indicates the product is safe to eat. The test result shall be kept by the owner for at least one year.
[(j)] (i) Prior to sale, as provided in RSA 143-A:5, IX, it is labeled as required in RSA 143-A:19.
6 Effective Date. This act shall take effect 60 days after its passage.
23-0111
10/31/22
HB 119-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to homestead food operation licensure.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable | Indeterminable | Indeterminable |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Food license fees | |||
METHODOLOGY:
This bill increases the homestead food operations threshold from $35,000 to $70,000 in annual gross sales. Entities selling less than the threshold amount are not subject to licensure and inspection requirements under RSA 143-A. The Department of Health and Human Services states that since it does not track homestead food operations by gross sales, it is unable to determine how many establishments would no longer require inspections or pay the annual food service licensure fee. The fiscal impact to the state general fund (into which the fees are deposited) is therefore indeterminable. The impact on department workload due to a presumed decrease in inspections is likewise indeterminable.
It is assumed there will be no fiscal impact until FY 2024.
AGENCIES CONTACTED:
Department of Health and Human Services
