HB 1358  - AS INTRODUCED

 

 

2024 SESSION

24-2272

08/10

 

HOUSE BILL 1358

 

AN ACT relative to contract manufacturers of beer, wine, and liquor.

 

SPONSORS: Rep. Hunt, Ches. 14

 

COMMITTEE: Commerce and Consumer Affairs

 

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ANALYSIS

 

This bill expands tenant brewing to include manufacturers of wine and liquor.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2272

08/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to contract manufacturers of beer, wine, and liquor.

 

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

 

1  Contract Brewer; Definition.  Amend RSA 175:1, XXV-a to read as follows:

XXV-a. "Contract brewer" or "contract manufacturer" means a brewery hired by a beverage manufacturer, nano brewery, or brew pub to produce a beverage for the beverage manufacturer, or a winery hired by a New Hampshire wine manufacturer to produce alcoholic beverages in such percentages as authorized by the terms and condition of their license; or a liquor manufacturer hired by a New Hampshire liquor manufacturer to produce alcoholic beverages in such percentages as authorized by the terms and condition of their license.

2  Contract Brewing Arrangement.  Amend RSA 175:1 XXV-b to read as follows:

XXV-b. "Contract brewing arrangement" or "contract manufacturing arrangement" means a business relationship in which a beverage manufacturer, nano brewery, [or] brew pub, wine manufacturer, or liquor manufacturer pays another [brewer] manufacturer to produce a beverage, table wine, fortified wine, or liquor for a New Hampshire manufacturer [for the beverage manufacturer, nano brewer, or brew pub] for sale.

3  Manufacturer License.  RSA 178:12-b is repealed and reenacted to read as follows:

178:12-b  Tenant Manufacturer License.

I.  A holder of tenant manufacturer license may manufacture or package alcoholic beverages on the premises of a host manufacturer, and shall be consistent with all terms and conditions contained in Title XIII for their license type.

II.  A holder of a tenant manufacturer license may transport in bulk alcoholic beverages produced on the tenant's premises to a host manufacturer for the purpose of packaging alcoholic beverages on the host manufacturer's premises.

III.  To be eligible for a tenant manufacturer license, the applicant shall have all applicable licenses or permits required by the United States Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau allowing the person to use the facilities, equipment, and employees of a host manufacturer.

IV.  A tenant manufacturer is subject to the same requirements regarding production of alcoholic beverages as if the manufacturer conducted its manufacturing on its own premises independently.

V.  The commission may require a tenant manufacturer to maintain a record or log indicating which equipment is being used at any time by the tenant manufacturer in the production of alcoholic beverages and which employees are working on production of the tenant manufacturer's product.

VI.  A tenant manufacturer is subject to the same reporting requirements as a beverage manufacturer, wine manufacturer, and liquor manufacturer as required by their New Hampshire manufacturer's license.

4  New Paragraphs; Wine Manufacturer License; Tenant Option.  Amend RSA 178:8 by inserting after paragraph VIII the following new paragraphs:

IX.  A wine manufacture licensee may be issued a tenant manufacturer license under RSA 178:12-b if the licensee meets the requirements of RSA 178:12-b.  Wines produced or packaged by a wine manufacturer licensee as a tenant manufacturer at a host manufacturers’ facility shall be included in the production reports submitted to the commission.  No alcohol may be sold by the wine manufacturer in any manner which is inconsistent with the provisions of this title.

X.  A wine manufacturer may enter into a contract manufacturing arrangement with a contract manufacturer, manufacturing in the state of New Hampshire after the wine manufacturer has been in operation for one year.  Wine produced by a contract manufacturer intended for sale outside the state may be warehoused at the contract manufacturer’s facility or at some other facility accessible only to the wine manufacturer.  A contract manufacturer shall not deliver wine to on-premises and off-premises licensees within the state.  A wine manufacturer shall file all contract manufacturing arrangements with the commission.

XI.  The wine manufacturer shall submit to the liquor commission an annual report of all wines by:

(a)  The wine manufacturer on-site.

(b)  Any tenant manufacturer

(c)  Any contract manufacturer the wine manufacturer has contracted with under paragraph X.

XII.  All taxes due on product that is made by a contract manufacturer shall be paid by the wine manufacturer.

5  New Paragraphs; Liquor Manufacturer Licenses; Tenant Option.  Amend RSA 178:6 by inserting after paragraph X the following new paragraphs:

XI.  A liquor manufacture licensee may be issued a tenant manufacturer licensed under RSA 178:12-b if the licensee meets the requirements of RSA 178:12-b.  Liquor produced or packaged by a liquor manufacturer licensee, as a tenant manufacturer at a host manufacturers’ facility, shall be included in the production reports submitted to the commission.  No alcohol may be sold by the liquor manufacturer in any manner which is inconsistent with the provisions of this title.

XII.  A liquor manufacturer may enter into a contract manufacturing arrangement with a contract manufacturer, manufacturing in the state of New Hampshire after the liquor manufacturer has been in operation for one year.  Liquor produced by a contract manufacturer intended for sale outside the state may be warehoused at the contract manufacturer’s facility or at some other facility accessible only to the liquor manufacturer.  A contract manufacturer shall not deliver liquor to on-premises and off-premises licensees within the state.  A liquor manufacturer shall file all contract manufacturing arrangements with the commission.

XIII.  The liquor manufacturer shall submit to the liquor commission an annual report of all liquor by:

(a)  The liquor manufacturer on-site.

(b)  Any tenant manufacturer.

(c)  Any contract manufacturer the liquor manufacturer has contracted with under paragraph X.

XIV.  All taxes due on product that is made by a contract manufacturer shall be paid by the liquor manufacturer.

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