HB 1358 - AS AMENDED BY THE SENATE

28Mar2024... 1072h

05/23/2024   2095s

2024 SESSION

24-2272

08/10

HOUSE BILL 1358

AN ACT relative to tenant and contract manufacturers of beer, wine, and liquor; allowing pharmacists to administer influenza, COVID-19, and other FDA licensed vaccines without explicit approval from the general court; and, restricting the purchase of real property on or around military installations.

SPONSORS: Rep. Hunt, Ches. 14

COMMITTEE: Commerce and Consumer Affairs

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AMENDED ANALYSIS

This bill:

I.  Expands tenant brewing to include manufacturers of wine and liquor.

II.  Allows pharmacists to administer influenza, COVID-19, and other FDA licensed vaccines without explicit approval from the general court.

III.  Prohibits the purchase of real property by the People's Republic of China on or within 10 miles of any military installations or critical infrastructure facilities.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

28Mar2024... 1072h

05/23/2024   2095s 24-2272

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to tenant and contract manufacturers of beer, wine, and liquor; allowing pharmacists to administer influenza, COVID-19, and other FDA licensed vaccines without explicit approval from the general court; and, restricting the purchase of real property on or around military installations.

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

1  Contract Brewer; Definitions.  RSA 175:1, XXV-a and XXV-b is repealed and reenacted to read as follows:

XXV-a. "Contract brewer" means a beverage manufacturer, hired to produce a beverage on the behalf of another beverage manufacturer, nano brewery, or brewpub, licensed by the commission or holding a license to manufacture a beverage issued by another state.

XXV-b. "Contract brewing?arrangement" means a business relationship in which a beverage manufacturer is hired to produce a beverage on the behalf of another beverage manufacturer, nano brewery, or brewpub, licensed by the commission or holding a license to manufacture a beverage issued by another state.

2  New Paragraphs; Contract Wine Manufacturer; Contract Liquor Manufacturer; Definitions.  Amend RSA 175:1 by inserting after paragraph XXV-b the following new paragraphs:

XXV-c. “Contract wine manufacturer” means a wine manufacturer, hired to produce a wine on the behalf of another wine manufacturer, licensed by the commission or holding a license to manufacture wine issued by another state.

XXV-d. "Contract wine?arrangement" means a relationship in which a wine manufacturer is hired to produce a wine on the behalf of another wine manufacturer, licensed by the commission or holding a license to manufacture wine issued by another state.

XXV-e. “Contract liquor manufacturer” means a liquor manufacturer, hired to produce a liquor on the behalf of another liquor manufacturer, licensed by the commission or holding a license to manufacture liquor issued by another state.

XXV-f. "Contract liquor?arrangement" means a business relationship in which a liquor manufacturer is hired to produce a liquor on the behalf of another liquor manufacturer, licensed by the commission or holding a license to manufacture liquor issued by another state.

3  Host Manufacturer; Definitions.  RSA 175:1, XXXVI-b is repealed and reenacted to read as follows:

XXXVI-b.  "Host manufacturer" means a beverage manufacturer,?wine manufacturer, or liquor manufacturer facility involved in a host-tenant relationship.  In this relationship, the tenant party holds a tenant manufacturer license under RSA 178:12-b; 178:8-a or 178:6-a, allowing them to produce or package beverages, wine, or liquor as permitted by their specific license type on the premises of the host manufacturer.  

4  Tenant Manufacturer; Definition.  RSA 175:1, LXIV-cc is repealed and reenacted to read as follows:

LXIV-cc.  "Tenant manufacturer" means a person who has a permit or notice approved by the United States Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau allowing the person to engage in an alternating proprietorship.

5  Tenant Manufacturing License; Brewer Option.  RSA 178:12-b is repealed and reenacted to read as follows:

178:12-b  ?Tenant Brewer Manufacturing  License; Brewer Option.

I. ? A holder of? a tenant manufacturer license may manufacture and/ 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 shall be 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 brewer?manufacturer to maintain a record or log indicating which equipment is being used at any time by the?tenant brewer?manufacturer in the production of alcoholic beverages and which employees are working on production of the?tenant brewer 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.

VII.  A tenant manufacturer license shall have the right to transport beverages it manufactures in barrels, kegs, bottles, or other closed containers within the state for sale to licensees and to the state border for transportation and sale outside the state.

VIII.  The annual fee for each license issued under this section shall be $240.

6  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?wine manufacturer license under RSA 178:8-a if the licensee meets the requirements of RSA 178:8-a. ? Wines produced or packaged by a wine manufacturer licensee as a?tenant?wine 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 wine manufacturer arrangement with a contract  wine manufacturer, manufacturing in the state of New Hampshire after the wine manufacturer has been in operation for one year. ? Wine produced by a contract wine manufacturer intended for sale outside the state may be warehoused at the contract wine manufacturer’s facility or at some other facility accessible only to the wine manufacturer. ? A contract wine manufacturer shall not deliver wine to on-premises and off-premises licensees within the state.  ?A wine manufacturer shall file all contract wine manufacturer 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 wine?manufacturer.

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

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

7  New Section; Tenant Wine Manufacturer License; Tenant Option.  Amend RSA 178 by inserting after section 8 the following new section:

178:8-a  Tenant Wine Manufacturer License; Tenant Option.

I.  A holder of tenant wine manufacturer license may manufacture and/ or package wine 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 wine produced on the tenant's premises to a host manufacturer for the purpose of packaging wine on the host manufacturer's premises.

III.  To be eligible for a tenant wine manufacturer license, the applicant shall have all applicable permits or notices 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 wine manufacturer is subject to the same requirements regarding production of wine as if the manufacturer conducted its manufacturing on its own premises independently.

V.  Each tenant wine manufacturer shall maintain records and prepare reports for the commission which shall indicate the sales made under this section and shall pay to the commission monthly a fee equal to 5 percent of such sales on or before the fifteenth day of the month following the sale.

VI.  The annual fee for each license issued under this section shall be $240.

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

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

XI.  ?A liquor manufacturer may be issued a?tenant?manufacturer license under RSA 178:6-a if the licensee meets the requirements of RSA 178:6-a.  Liquor produced or packaged by a liquor manufacturer licensee, as a?tenant?liquor 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 liquor manufacturer arrangement with a contract liquor manufacturer, manufacturing in the state of New Hampshire after the liquor manufacturer has been in operation for one year.  ?Liquor produced by a contract liquor manufacturer intended for sale outside the state may be warehoused at the contract liquor manufacturer’s facility or at some other facility accessible only to the liquor manufacturer. ? A contract liquor manufacturer shall not deliver liquor to on-premises and off-premises licensees within the state. ? A liquor manufacturer shall file all contract liquor manufacturer 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?liquor manufacturer.

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

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

9  New Section; Tenant Liquor Manufacturer License; Tenant Option.  Amend RSA 178 by inserting after section 6 the following new section:

178:6-a  Tenant Liquor Manufacturer License;?  Tenant?Option.

I.  ?A holder of?tenant?liquor manufacturer license may manufacture and/ or package liquor 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 liquor produced on the?tenant's premises to a host manufacturer for the purpose of packaging liquor on the host manufacturer's premises.  

III.  ?To be eligible for a tenant?liquor manufacturer license, the applicant shall have all applicable permits or notices 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 liquor?manufacturer is subject to the same requirements regarding production of liquor as if the manufacturer conducted its manufacturing on its own premises independently.

V.  Each tenant liquor manufacturer shall maintain records and prepare reports for the commission which shall indicate the sales made under this section and shall pay to the commission monthly a fee equal to 8 percent of such sales or 8 percent of the retail value of such samples on or before the fifteenth day of the month following the sale or the sample distribution.

VI.  The annual fee for each license issued under this section shall be $240.

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

10  New Section; Conveyances of Realty to Foreign Entities; Prohibited.  Amend RSA 477 by inserting after section 22-a the following new section:

477:22-b  Prohibition on Acquisition of Real Property on or around Military Installations; People's Republic of China.

I.  Any company or development owned or controlled by a company that is owned, in whole or in part, by, or is a subsidiary of, a company that is owned by the People's Republic of China or the Chinese Communist Party or whose principal place of business is located within the People's Republic of China shall not own, lease, possess, or exercise any control over real property on or within 10 miles of any military installation or critical infrastructure facilities.

II.  For purposes of this section:

(a)  "Chinese Communist Party" includes all agencies, institutions, and instrumentalities of the Chinese Communist Party.

(b)  "Company'"or "development" means a sole proprietorship, organization, association, corporation, partnership, trust, venture, group, subgroup, or any other entity or organization, its subsidiary or affiliate that exists for-profit-making purposes or to otherwise secure economic advantage.

(c)  "People's Republic of China" includes all agencies, institutions, instrumentalities, and political subdivisions of the People's Republic of China.

(d)  "Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the Department of Defense or the state of New Hampshire, including any leased facility, which is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other U.S. territory.

(e)  ‘‘Critical infrastructure’’ means systems and assets, whether physical or virtual, so vital to the United States or the state of New Hampshire that the incapacity or destruction of such systems and assets would have a debilitating impact on security, national economic security, national public health or safety, or any combination of those matters.

(f)  "Critical infrastructure facility" means any of the following:

(1)  Chemical, polymer, or rubber manufacturing facility.

(2)  Communications facilities, including but not limited to privately owned communications infrastructure, including satellite, terrestrial, wireless communications and the Internet.

(3)  Critical manufacturing, including but not limited to primary metals manufacturing, machinery manufacturing, electrical equipment, appliance and component manufacturing, and transportation equipment manufacturing.

(4)  Dams, bridges, and tunnels.

(5)  Military installations, including but not limited to facilities conducting or overseeing research, design, production and maintenance of military weapons systems.

(6)  Emergency services, including but not limited to emergency management, emergency medical services, fire and rescue services, law enforcement, public works and other specialty emergency services.

(7)  Energy facilities, including but not limited to the production and distribution of electricity, oil, and natural gas.

(8)  Financial services facilities, including but not limited to banks, credit unions, insurance companies and investment institutions, or locations with the ability to deposit, withdraw, loan, invest, and transfer funds.

(9)  Food and agriculture facilities, including but not limited to farms, restaurants, and food manufacturing facilities.

(10)  Government facilities, including but not limited to federal, state, local and tribal government facilities; government offices, embassies, courthouses, schools, national monuments and election facilities.

(11)  Health care and public health facilities.

(12)  Information technology facilities.

(13)  Nuclear reactors, materials, and waste facilities, including but not limited nuclear power plants, medical radioactive sources, and radioactive material transportation facilities.

(14)  Transportation systems, including but not limited to highway and motor carriers, aviation, maritime transportation systems, mass transit and passenger rails, pipeline systems, freight rail, and postal and shipping facilities.

(15)  Water and wastewater facilities or pump stations, including but not limited to public water supplies and water treatment facilities.

III.  Any person who fails to comply with this section shall be guilty of a misdemeanor.

11  Effective Date.

I.  Section 11 of this act shall take effect January 1, 2025.

II.  The remainder of this act shall take effect 60 days after its passage.