HB 314 - AS INTRODUCED
2021 SESSION
21-0442
08/04
HOUSE BILL 314
AN ACT relative to homestead food operation licensure.
SPONSORS: Rep. Nunez, Hills. 37; Rep. Burt, Hills. 39; Rep. Verville, Rock. 2; Rep. Ankarberg, Straf. 10; Rep. Binford, Graf. 15; Rep. Abramson, Rock. 37; Rep. A. Lekas, Hills. 37; Rep. Baxter, Rock. 20; Rep. Roy, Rock. 32
COMMITTEE: Health, Human Services and Elderly Affairs
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ANALYSIS
This bill exempts homestead food operations that do not sell potentially hazardous food from licensure.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21-0442
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to homestead food operation licensure.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Homestead Food Operations; Exemptions. Amend RSA 143-A:5, VII to read as follows:
VII. Homestead food operations selling [less than a maximum annual gross sales of $20,000 of food, excluding] potentially hazardous food as defined in RSA 143-A:12, I(b), directly to consumers, including at [from] the homestead residence, at the owner's farm stand, or at farmers' markets, over the Internet, by mail order, or at retail stores.
2 Homestead Food Operation; Licenses. Amend RSA 143-A:12 to read as follows:
143-A:12 Homestead Food License Required.
I. In this subdivision:
(a) "Homestead food operation" means a person who produces homestead food products[, excluding potentially hazardous food,] only in the home kitchen of that person's primary residence in New Hampshire.
(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. Potentially hazardous foods also include processed acidified and low acid canned foods.
(c) "Homestead food products" means all food and drink except [potentially hazardous food, and as defined in rule by the commissioner of the department of health and human services through rulemaking under RSA 143-A:13] meats and meat products. In this subdivision, "meat and meat products" shall not include poultry and poultry products.
II. Homestead food operations selling [less than a maximum annual gross sales of $20,000 of food, excluding] potentially hazardous food[,] directly to consumers, including at [from] the homestead residence, at the owner's own farm stand, at farmers' markets, over the Internet, by mail order and homestead food operations selling non-potentially hazardous food [or] at or to retail food stores are exempt from regulation, licensure and departmental inspection under this subdivision, 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.
III. Homestead food operations that [exceed the $20,000 maximum annual gross sales limit] sell potentially hazardous food or homestead food operations who wish to sell any food products[, excluding potentially hazardous food,] 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 product shall be licensed under RSA 143-A:4.
IV. All homestead food products sold in packages from the home kitchen, farm stand of a homestead food operation, at farmers' markets, or at retail food stores shall have individual labels on each package containing the following information: name, address, and phone number of the homestead food operation; name of the homestead food product; the ingredients of the homestead product, in descending order of predominance by weight; and allergy information. Products made by homestead food operations exempt from licensure shall also be clearly labeled with the following statement: "This product is exempt from New Hampshire licensing and inspection." Products made by nonexempt homestead food operations shall also be clearly labeled with the following statement: "This product is made in a residential kitchen licensed by the New Hampshire Department of Health and Human Services."
V.(a) Homestead food operations that are federally-exempt poultry producers may sell all foods except alcohol products, meat, meat products, seafood, or seafood products. Poultry and poultry products may be sold if
(1) The homestead food operation slaughters no more than 1,000 poultry raised by the homemade food operation during the calendar year;
(2) The homestead food operation does not buy or sell poultry products, except products produced from poultry raised by the homestead food operation; and
(3) The poultry product is not adulterated or misbranded.
(b) Nothing in this section shall preclude the sale of any poultry permitted to be sold under RSA 143-A:14, I.
VI. This section preempts any local government regulations prohibiting and regulating the production and sale of homestead food producers.
3 Effective Date. This act shall take effect 60 days after its passage.