STAND. COM. REP. NO. 1347-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 3137

S.D. 1

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Health, to which was referred S.B. No. 3137, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE DEPARTMENT OF HEALTH'S AUTHORITY TO REGULATE FOOD, DRUGS, AND COSMETICS,"

begs leave to report as follows:

The purpose of this measure is to improve the safety of food, drugs, and cosmetics, and facilitate the development of food and related goods made and sold in the State by removing duplicative food-related statutory material and consolidating the Department of Health's authority to regulate the manufacture, sale, holding for sale, and distribution of food under chapter 328, Hawaii Revised Statutes.

Your Committee received testimony in support of this measure from the Department of Health; Hawaiʻi Food+ Policy; and Hawaiʻi Reef and Ocean Coalition.

Your Committee finds that the Department of Health is currently required to implement programs to ensure that all food, drugs, cosmetics, and other related consumer products are safe under chapters 321 and 328, Hawaii Revised Statutes. Your Committee further finds that the Department's Food and Drug Branch, which is responsible for regulating manufactured foods, and the Department's Food Safety Branch, which is responsible for regulating retail food establishments, have adopted separate administrative rules, resulting in a lack of regulatory alignment. This measure is intended to reduce ambiguity and regulatory overlap, promote local business development, and improve food safety by consolidating regulatory mandates for the regulation of food, drugs, and cosmetics.

Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3137, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3137, S.D. 1, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

GREGG TAKAYAMA, Chair