HOUSE OF REPRESENTATIVES

H.B. NO.

2619

THIRTY-THIRD LEGISLATURE, 2026

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

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 require the department of health to adopt rules for the regulation of farm kitchens producing homemade food products that are no more stringent than those for home kitchens producing homemade food products.

     SECTION 2.  (a)  The department of health shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to regulate farm kitchens producing homemade food products; provided that the rules adopted pursuant to this Act shall be no more stringent than those for the regulation of home kitchens producing homemade food products and shall:

     (1)  Not require a farm kitchen to obtain a commercial food establishment permit solely due to its location on agricultural land;

     (2)  Require a farm kitchen to 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)  Allow for the inspection of farm kitchens by the department and enforcement of any rules adopted by the department.

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

     (c)  For the purposes of this Act:

     "Department" means the department of health.

     "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" means a kitchen designed and intended for use by the residents of a home.

     "Homemade food products" means:

     (1)  Not time/temperature control for safety food produced or packaged in a home kitchen or farm kitchen that does not include dried meats or seafood; and

     (2)  Foods of plant origin that are pickled, fermented, or acidified, except for cantaloupes and other fruits from the melon family, that are produced or packaged in a home kitchen or farm kitchen that have a pH of equal to or less than 4.2 or a Aw value that is less than 0.88; provided that any homemade food product containing cut tomatoes, such as salsa, must be kept refrigerated at or below forty-one degrees Fahrenheit.

     SECTION 3.  This Act shall take effect on July 1, 3000.

 

 

Report Title:

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

 

Description:

Requires the Department of Health to adopt rules for the regulation of farm kitchens producing homemade food products that are no more stringent than those for home kitchens producing homemade food products.  Effective 7/1/3000.  (HD1)

 

 

 

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