THE SENATE

S.B. NO.

3302

THIRTY-THIRD LEGISLATURE, 2026

S.D. 1

STATE OF HAWAII

H.D. 2

 

C.D. 1

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HOMEMADE FOOD PRODUCTS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that homemade food product operations provide important opportunities for small-scale food producers to participate in local food systems while maintaining public health protections.  In 2025, the department of health adopted administrative rules clarifying food safety, labeling, and operational standards for home kitchens and homemade food products.

     The legislature further finds that many small farms prepare value-added food products in kitchens located on their farms, commonly referred to as "farm kitchens", and that these operations often face regulatory uncertainty despite posing similar or lower public health risks than homemade food product operations.

     The purpose of this Act is to provide regulatory clarity and increase economic opportunities while preserving the department's authority to ensure food safety by requiring the department of health to adopt rules to authorize and regulate farm kitchens on the same basis as home kitchens producing homemade food products.

     SECTION 2.  (a)  Notwithstanding any other law to the contrary, a farm kitchen that meets the requirements applicable to a home kitchen under administrative rules adopted by the department of health shall be regulated in the same manner as a home kitchen.

     (b)  A farm kitchen regulated pursuant to subsection (a) shall:

     (1)  Not be required to obtain a commercial food establishment permit solely due to its location on agricultural land;

     (2)  Comply with all applicable homemade food product requirements, including but not limited to food safety standards, labeling requirements, sales limitations, and product restrictions; and

     (3)  Remain subject to inspection, enforcement, and rulemaking authority of the department of health.

     (c)  Nothing in this section shall be construed to limit the department of health's authority to restrict or prohibit the preparation of foods that pose a higher risk to public health, as determined by rule.

     (d)  The department of health shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, necessary for the purposes of this Act.

     (e)  For the purposes of this Act:

     "Farm kitchen" means a kitchen located on agricultural land, including land zoned for agricultural use or land actively used for agricultural production, in which homemade food products are prepared using ingredients that may include agricultural products grown or raised on the same farm.

     "Home kitchen" has the same meaning as defined in rules adopted by the department of health.

     "Homemade food products" has the same meaning as defined in rules adopted by the department of health.

     SECTION 3.  This Act shall take effect upon its approval.

 

 

Report Title:

DOH; Farm Kitchens; Home Kitchens; Homemade Food Products; Rules

 

Description:

Requires the Department of Health to adopt rules to authorize and regulate farm kitchens on the same basis as home kitchens producing homemade food products.  (CD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.