HB 1605:
"AN ACT prohibiting the use of latex gloves and utensils in the food service industry."

HB 1605-FN - AS INTRODUCED

2016 SESSION

16-2157

08/01

HOUSE BILL 1605-FN

AN ACT prohibiting the use of latex gloves and utensils in the food service industry.

SPONSORS: Rep. Suzanne Smith, Graf. 8; Rep. MacKay, Merr. 14; Rep. Ford, Graf. 3; Rep. Horrigan, Straf. 6; Rep. Emerson, Ches. 11; Sen. Forrester, Dist 2

COMMITTEE: Health, Human Services and Elderly Affairs

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ANALYSIS

This bill prohibits licensed food service establishments from using latex gloves and utensils in food preparation.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2157

08/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT prohibiting the use of latex gloves and utensils in the food service industry.

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

1  New Section; Latex Prohibited.  Amend RSA 143-A by inserting after section 9-b the following new section:

143-A:9-c  Latex Prohibited.  No person licensed under this chapter shall use or require the use of disposable, non-sterile, or sterile natural rubber latex gloves or utensils in food preparation at a licensed food service establishment or licensed food retail store.  Any person who violates this section shall be guilty of a violation and shall pay a fine of not less than $250 and not more than $500.

2  Effective Date.  This act shall take effect January 1, 2017.

LBAO

16-2157

12/11/15

HB 1605-FN- FISCAL NOTE

AN ACT prohibiting the use of latex gloves and utensils in the food service industry.

FISCAL IMPACT:

The Department of Health and Human Services and Judicial Branch state this bill, as introduced, may increase state general fund expenditures by an indeterminable amount in FY 2017 and each year thereafter.  There will be no impact on county expenditures, or on state, county, and local revenue.

METHODOLOGY:

The Department of Health and Human Services states this bill prohibits the use of latex gloves and utensils in food preparation within the food service industry.  The Department does not expect to experience a significant fiscal impact, as it assumes the cost to implement the bill will be borne mainly by food establishments.  The Department will, however, be required to enforce the law, include a check as part of its food inspection process, implement fines if necessary, and participate in administrative hearings, all of which will require an indeterminable amount of time and staff resources.  The Department will also likely need to respond to complaints about latex gloves, requiring additional on-site inspections.  The Department is unable to estimate costs as a result of this increased workload, but assumes workload will be highest in the first few years after enactment, and level off once the industry observes by example that the ban will be enforced.

The Judicial Branch states the bill makes it a violation-level offense to use latex gloves or utensils while preparing food at licensed food establishments.  The Branch is unable to estimate the number of violation-level offenses that may result from the bill, but projects the average cost of processing such cases to be $47.91 per case in FY 2017 and $50.93 per case in FY 2018.  It should be noted average case cost estimates for FY 2017 and FY 2018 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing these case types.

The Department of Justice and the New Hampshire Association of Counties state this bill will have no fiscal impact.