STAND. COM. REP. NO. 2112-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 3137

S.D. 1

H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 3137, S.D. 1, H.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; Hawaii Reef and Ocean Coalition; and Hawaiʻi Food+ Policy.

Your Committee finds that food-related statutory provisions are currently dispersed across multiple chapters of the Hawaii Revised Statutes, resulting in duplication and potential confusion regarding regulatory authority and enforcement. Your Committee further finds that consolidating food-related provisions under chapter 328, Hawaii Revised Statutes, clarifies the Department of Health's authority to issue permits, conduct inspections, assess fees, and take enforcement actions. This measure streamlines and aligns these provisions to promote regulatory efficiency, consistency, and public health protection.

Your Committee has amended this measure by:

(1) Specifying that any unexpended or unencumbered balance in the Sanitation and Environmental Health Special Fund shall be transferred as of the close of business on June 30, 2027, to the Food Safety and Environmental Health Special Fund established under this measure;

(2) Changing the effective date to July 1, 3000, to encourage further discussion, except for the repeal of the Sanitation and Environmental Health Special Fund; and

(3) 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 Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3137, S.D. 1, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 3137, S.D. 1, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

SCOT Z. MATAYOSHI, Chair