Bill Text: NH HB1402 | 2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relative to the sale of homemade food and licensing of certain milk producer-distributors.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Passed) 2012-06-11 - House Signed By Governor 06/07/2012; Effective 06/07/2012; Chapter 0163 [HB1402 Detail]

Download: New_Hampshire-2012-HB1402-Introduced.html

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HB 1402 – AS INTRODUCED

2012 SESSION

12-2648

08/04

HOUSE BILL 1402

AN ACT relative to the sale of homemade food.

SPONSORS: Rep. Comtois, Belk 5; Rep. Groen, Straf 1; Rep. S. Palmer, Hills 6; Rep. Okerman, Rock 4

COMMITTEE: Environment and Agriculture

ANALYSIS

This exempts producers of homemade food from licensure by the department of health and human services.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2648

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the sale of homemade food.

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

1 Homestead Food Sales. RSA 143-A:12-13 are repealed and reenacted to read as follows:

143-A:12 Homestead Food License Required.

I. In this subdivision, “homestead” means a residential, non-commercial kitchen where home-made foods are manufactured or processed, or both, primarily for retail sales within the state.

II. Homestead produced food may be sold to customers who have been informed that neither the homestead producer nor its products are licensed and have not been tested or inspected by the department of health and human services.

143-A:13 Rulemaking. The commissioner, in consultation with the commissioner of the department of agriculture, markets, and food shall adopt rules, pursuant to RSA 541-A, relative to:

I. Determining an outbreak of a food borne illness.

II. Procedures for determining the homestead food producer the commissioner determines to have that been the source of an outbreak of a food borne illness.

III. Procedures for inspecting and detaining any food product that is suspected of causing an outbreak of a food borne illness.

2 New Paragraph; Homestead Food Sales; Exemption from Licensing. Amend RSA 143-A:5 by inserting after paragraph VI the following new paragraph:

VII. Homestead food producers as described under RSA 143-A:12-13.

3 Effective Date. This act shall take effect 60 days after its passage.