On September 4, the Environment and Agriculture Committee held a subcommittee meeting relative to the interim study of HB 1685, a bill I introduced for the purpose of deregulating the homemade foods industry, which seeks to lift burdensome and oftentimes confusing laws, to include allowing the production of foods requiring refrigeration, such as meat meals and custard desserts. In attendance were reps from the Department of Health and Human Services, the Farm Bureau, and homemade food stakeholders.
DHHS was, at first, adamantly opposed to the bill, citing foodborne illness concerns. However, the department could not produce evidence that such was the case, especially given the fact nonprofits and municipalities hosting community food events have been serving certain homemade foods and meals (e.g., cooked meat, chicken, pumpkin pies) to citizens across the state by the thousands — perhaps since time immemorial, without regulation, but more important, without labeling and temperature control!
Testifying that the onus was on DHHS to prove homemade foods were a source of foodborne illness, a report from DHHS cited only three instances of complaints from “community gatherings and other unregulated sources” over a past five-year period, but did not specify “homestead foods” as a source. During DHHS testimony, the phrase “massive quantities” was used to describe the department’s assumption that industry members would be making more food than domestic kitchen equipment (especially refrigeration) could handle.
Industry members emphatically refuted the assumption by stating the obvious, that it was illogical to make more food than could reasonably be sold, that such would create waste and the inevitable loss of revenue. All stakeholders testified that they only make small batches, with one stating, “We just want to be able to make eight pumpkin pies!”
Rob Johnson, from the Farm Bureau, stated, “Rep. Aylward really did her homework, and knows what she’s talking about.” Throwing down the gauntlet, I challenged DHHS to reconcile the double standard whereby nonprofits/municipalities were selling foods that homemade food operations were prohibited from selling for a profit.
Hearing stakeholders express their support loud and clear, and taking into consideration other states that have joined the Food Freedom movement, the first sign of concession was when Department Head Colleen Smith said that the current regulations “were before her time.” She seemed to agree that the laws needed to be made more user-friendly and reflect the reality of the marketplace. I was honored by the stakeholder turnout and the resulting positive reception by DHHS.
Chairwoman Judy Aron subsequently sent out an email, in which she wrote, “Given our discussion today, and afterward DHHS saying to me they want to offer some language to achieve expansion of local food production, I would imagine that we, as a full committee, would recommend future legislation on this bill topic.” With this project now going on three years, any future legislation that relieves producers of unnecessary burdens which is passed into law will allow me to humbly state that I started a homemade food revolution in New Hampshire!