HB 1595-FN - AS INTRODUCED

2022 SESSION

22-2830

05/08

HOUSE BILL 1595-FN

AN ACT relative to establishing a statewide food truck license.

SPONSORS: Rep. Wilhelm, Hills. 42; Rep. Query, Hills. 16; Sen. Perkins Kwoka, Dist 21

COMMITTEE: Commerce and Consumer Affairs

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ANALYSIS

This bill establishes a statewide food truck license.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2830

05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to establishing a statewide food truck license.

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

1  New Section; Food Service Licensure; Statewide Food Truck License.  Amend RSA 143-A by inserting after section 5-a the following new section:

143-A:5-b  Statewide Food Truck License.

I.  In this section, "food truck" means a mobile, fully encased food service establishment:

(a)  On a motor vehicle or on a trailer that a motor vehicle pulls to transport; and

(b)  From which a food truck vendor, standing within the frame of the vehicle, prepares, cooks, sells, or serves food or beverages for immediate human consumption.

II.  No person shall operate a food truck within the state without a statewide food truck license issued by the department of health and human services.  The department shall adopt rules under RSA 541-A relative to the requirements for operation of a food truck.  The rules, at a minimum, shall specify: health and safety requirements; license application and renewal procedures; licensing fees; water system requirements; inspection requirements; and administrative enforcement procedures.

III.  Notwithstanding the authority of municipal health officers to license food establishments under RSA 47:17 or RSA 147:1, a municipality shall not require a separate license, permit, or inspection to operate a food truck within the municipality, provided that the food truck operator registers with the municipality and provides the municipality with a valid statewide food truck license issued by the department.  

IV.  Nothing in this section shall prevent a municipality from enforcing local land use regulations, zoning, and other ordinances in relation to the operation of a food truck within its borders.

2  Effective Date.  This act shall take effect January 1, 2023.

LBA

22-2830

Redraft 12/14/21

HB 1595-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to establishing a statewide food truck license.

FISCAL IMPACT:      [ X ] State              [    ] County               [ X ] Local              [    ] None

METHODOLOGY:

This bill creates a statewide food truck license to be administered by the Department of Health and Human Services. Municipal health officers that license food truck establishments would no longer require a separate license, permit, or inspection to operate a food truck within the municipality, provided that the food truck operator registers with the municipality and provides the municipality with a valid statewide food truck license issued by the Department.

The Department estimates the bill will increase state revenue by approximately $39,375 per year ($225 per application * 175 licensees). This revenue would be deposited into the state general fund.  The Department also anticipates the need for one full-time license coordinator position (labor grade 20) to implement the bill, with a start date of January 1, 2023.

This bill does not contain authorization or an appropriation for the position.

The bill will have an indeterminable impact on municipal revenue and expenditures.

AGENCIES CONTACTED:

Department of Health and Human Services