STAND. COM. REP. NO. 2238

Honolulu, Hawaii

RE: S.B. No. 2106

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2024

State of Hawaii

Sir:

Your Committee on Agriculture and Environment, to which was referred S.B. No. 2106 entitled:

"A BILL FOR AN ACT RELATING TO VALUE-ADDED PRODUCTION,"

begs leave to report as follows:

The purpose and intent of this measure is to establish the Access to Local Value-Added Products Act to allow homemade food operations to sell homemade food products under certain circumstances.

Your Committee received testimony in support of this measure from the Department of Agriculture; Agribusiness Development Corporation; Hawaii Food Industry Association; Grassroot Institute of Hawaii; Institute for Justice; Hawaiʻi Farm Bureau; Waimea Succulents LLC; Lokoea Farms LLC; Makani Mills LLC; Hawaii Master Food Preservers, Inc.; Hawaii Tropical Fruit Growers; Chef Anon Shine Lovefuel Kitchen LLC; and eighteen individuals.

Your Committee received testimony in opposition to this measure from the Department of Health.

Your Committee finds that a cottage food or homemade food product industry in the State can increase food security and tax revenues. Your Committee recognizes that although there is great interest in small-scale value-added food production in the State, existing regulatory framework creates several challenges for entrepreneurs of certain homemade food products. According to testimony received by your Committee, this measure expands opportunities for producers and consumers of homemade food products without compromising food safety.

Your Committee acknowledges the concerns raised by the Department of Health, regarding the production of foods that require time or temperature control for safety to limit pathogenic microorganism growth or toxin formation.

Accordingly, your Committee has amended this measure by:

(1) Inserting language that requires each homemade food operation to specify in its permit application its hours of operations and to agree to give the Department of Health the right of entry to inspect its home kitchen during the specified hours; and

(2) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Agriculture and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2106, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2106, S.D. 1, and be referred to your Committees on Commerce and Consumer Protection and Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Agriculture and Environment,

________________________________

MIKE GABBARD, Chair