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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2619 |
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THIRTY-THIRD LEGISLATURE, 2026 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HOMEMADE FOOD PRODUCTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§321- Farm kitchens; homemade food products;
rules. (a)
The department of health shall adopt rules pursuant to chapter 91 to
regulate farm kitchens producing homemade food products; provided that the
rules adopted pursuant to this section 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 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 section 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 section:
"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, shall be kept refrigerated at or below forty-one degrees Fahrenheit."
SECTION 3. New statutory material is underscored.
SECTION 4. 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. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.