SB 163 - AS INTRODUCED
2023 SESSION
23-0812
08/05
SENATE BILL 163
AN ACT relative to agritourism and product sales at farms and farm roadside stands.
SPONSORS: Sen. Pearl, Dist 17; Sen. Watters, Dist 4; Sen. Lang, Dist 2; Sen. Innis, Dist 7; Sen. Ward, Dist 8; Sen. Birdsell, Dist 19; Sen. Carson, Dist 14; Rep. Bixby, Straf. 13; Rep. Comtois, Belk. 7; Rep. Moffett, Merr. 4; Rep. Aron, Sull. 4
COMMITTEE: Energy and Natural Resources
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ANALYSIS
This bill defines "significant expansion" and allows municipalities to request information about product sales from a farm.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0812
08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to agritourism and product sales at farms and farm roadside stands.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Existing Agricultural Uses; Significant Expansion. Amend RSA 674:32-b by inserting after paragraph II the following new paragraph:
III. For the purpose of this section, "significant expansion" means an increase in the square footage of a farm stand or other retail operation that is more than 500 square feet or 25 percent increase in square footage, whichever is greater, as compared to when the farm stand or retail operation began, or since the time of the most recent site-plan approval, if one exists. The area of a building which is used for storage or food preparation shall not count as square footage. To be considered a significant expansion of an agritourism activity, such expansion shall provide for an increase in the number of participants greater than 25 percent as compared to when agritourism activities began on the farm or since the time of the most recent site-plan approval, if one exists.
2 Farm; Financial Statements. Amend RSA 21:34-a, III to read as follows:
III. A farm roadside stand shall remain an agricultural operation and not be considered commercial, provided that at least 35 percent of the product sales in dollar volume is attributable to products produced on the farm or farms of the stand owner. Upon the request of the governing body of a municipality, a farm shall provide a statement from a certified public accountant attesting to the fact that the farm has met the requirements of this paragraph on average over the previous 3 fiscal years. No governing body of a municipality shall request such statement unless a farm has been in operation for at least 1 fiscal year. No governing body of a municipality shall request such statement more often than every 3 fiscal years.
3 Effective Date. This act shall take effect 60 days after its passage.