HB280: relative to the sale of freeze-dried food.

HB 280-FN - AS INTRODUCED

2023 SESSION

23-0027

08/04

HOUSE BILL 280-FN

AN ACT relative to the sale of freeze-dried food.

SPONSORS: Rep. Potucek, Rock. 13; Rep. Cushman, Hills. 28; Rep. Costable, Carr. 8

COMMITTEE: Commerce and Consumer Affairs

ANALYSIS

This bill excludes freeze dried fruits and vegetables from the definition of potentially hazardous food.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0027

08/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to the sale of freeze-dried food.

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

1 Freeze Dried Fruits and Vegetables; Homestead Food Products. Amend RSA 143-A:12, I(b) to read as follows:

(b) "Potentially hazardous food" means foods requiring temperature control for safety because they are capable of supporting the rapid growth of pathogenic or toxigenic microorganisms, and the growth of toxin production of clostridium botulinum. Potentially hazardous foods also include processed acidified and low acid canned foods. Potentially hazardous foods shall not include fruits and vegetables preserved by the process of freeze drying.

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

LBA

23-0027

12/16/22

HB 280-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the sale of freeze-dried food.

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

Estimated Increase / (Decrease)

STATE:

FY 2023

FY 2024

FY 2025

FY 2026

Appropriation

$0

$0

$0

$0

Revenue

$0

Indeterminable

Indeterminable

Indeterminable

Expenditures

$0

$0

$0

$0

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

METHODOLOGY:

This bill amends the definition of "potentially hazardous food" in RSA 143-A:12 by exempting fruits and vegetables preserved by the process of freeze drying. The Department of Health and Human Services states that it is unable to determine how many producers of freeze dried fruits and vegetables will be exempt from the need to seek a food processing license as a result of the bill, and will either (a) seek licensure as homestead food operations, or (b) be exempt from licensure requirements altogether. To the extent that entities are exempt from licensure, this bill will result in an indeterminable decrease in revenue to the state general fund.

It is assumed that any fiscal impact will begin in FY 2024.

AGENCIES CONTACTED:

Department of Health and Human Services