07Mar2006… 0662h

2006 SESSION

06-2240

01/10

HOUSE BILL 1683-FN

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill requires vendors who wish to offer for sale food produced in an out-of-state residential, non-commercial kitchen to register with the department of health and human services.

This bill also establishes a homestead food license for residential, non-commercial kitchens.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Mar2006… 0662h

06-2240

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

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

133:1 New Subdivision; Manufacturing and Processing of Foods in an Out-of-State Residential, Non-Commercial Kitchen. Amend RSA 143 by inserting after section 28 the following new subdivision:

Foods Produced in an Out-of-State

Residential, Non-Commercial Kitchen

143:29 Registration by Nonresident Vendors. No food produced in an out-of-state residential, non-commercial kitchen shall be sold or offered for sale within the state unless the same has first been registered by its manufacturer or by the manufacturer’s agent with the department of health and human services. Such registration shall be in form similar to that provided in RSA 143:11. A one-time registration fee of $25 shall be paid to the department of health and human services by the manufacturer, importer, agent, or vendor.

133:2 New Subdivision; Homestead Food License. Amend RSA 143-A by inserting after section 11 the following new subdivision:

Homestead Food License

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 at farmers’ markets, farm stands, or residences.

II. There is hereby established a 2-level homestead license. For a level one license, a one-time fee of $25 shall be paid to the department of health and human services. The level 2 homestead license shall be based on gross sales. It shall be unlawful for a processor or a manufacturer to operate a homestead without a homestead license as required under this subdivision. The commissioner and the commissioner of the department of agriculture, markets, and food shall administer the homestead licensure required under this subdivision.

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. The 2 levels required for the homestead license pursuant to RSA 143-A:12.

II. The application process for the homestead license.

III. The training and certification for processors and manufacturers of home-made foods in a residential, non-commercial kitchen.

IV. Content and format of all forms required under this subdivision.

V. Fees for a level 2 license, including application fees and fees for renewal.

133:3 Effective Date. This act shall take effect January 1, 2007.

Approved: May 19, 2006

Effective: January 1, 2007