Hawaii-2014-HCR137-Introduced

WHEREAS, in recent years, as the local food movement has become more popular, more states have added or improved their cottage food laws to allow home food businesses to exist legally; and

WHEREAS, cottage food laws are different in every state, but each law allows home food sales in some way; and more than thirty states have laws or regulations permitting direct to consumer sales of non-potentially hazardous foods prepared in a home kitchen; and

WHEREAS, in Hawaii, temporary food establishment permits issued by the Department of Health for cottage food businesses are invaluable for local entrepreneurship and the establishment of a local, sustainable food industry, which contributes to a thriving local economy; and

WHEREAS, temporary food establishment permits make it possible to vend products produced in a home kitchen directly to consumers at bake sales, food swaps, farm stands, or farmers' markets; and

WHEREAS, temporary food establishment permits issued by the Department of Health restrict a vendor to doing business for no more than twenty days in any one hundred twenty-day period, after which time another permit must be acquired; and

WHEREAS, although this reapplication process may be appropriate in some circumstances, it precludes cottage food operators from growing their cottage food business; furthermore, all foods originating from home kitchens are considered to be unapproved sources for permitted food establishments within the State; and

WHEREAS, a permitting process that would not force vendors engaged in the direct sale of cottage foods to consumers to reapply every one hundred twenty days would be beneficial to the growth of the cottage food business in Hawaii; and

WHEREAS, California's Homemade Food Act permits cottage food operators to use and sell food from home kitchens, which means cottage food operators no longer have to rent out expensive space from commercial kitchens; and

WHEREAS, since the passage of California's Homemade Food Act, there has been no increase in reported cases of food-borne illness that can be attributed to non-hazardous foods produced in a home kitchen; and

WHEREAS, authorizing home kitchens for a temporary food establishment permit would also be beneficial to the growth of the cottage food business in Hawaii; and

WHEREAS, additionally, food safety workshops or classes available on all islands would be beneficial to home cooks who wish to grow their cottage food businesses; and

WHEREAS, on February 13, 2014, the Department of Health adopted title 11, chapter 50, Hawaii Administrative Rules, relating to the Food Safety Code, but these rules require further discussion, as they do not address food safety workshops or classes or longer time periods for temporary food establishment permits and associated costs, which could in turn affect the growth of the cottage food industry in Hawaii; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, the Senate concurring, that the Department of Health is requested to provide food safety workshops or classes for all persons who have temporary food establishment permits approved by the Department; and

BE IT FURTHER RESOLVED that the food safety workshops or classes should be offered on all islands where persons with active temporary food establishment permits reside; and

BE IT FURTHER RESOLVED that the Department of Health is requested to provide copies of title 11, chapter 50, Hawaii Administrative Rules, relating to the Food Safety Code, to consumers and interested cottage food industry stakeholders to educate consumers and stakeholders about the contents of these newly adopted rules; and

BE IT FURTHER RESOLVED that the Department of Health is also requested to convene a cottage food business working group composed of representatives from the Department of Health and the cottage food industry; and

BE IT FURTHER RESOLVED that the cottage food business working group is requested to examine title 11, chapter 50, Hawaii Administrative Rules, relating to the Food Safety Code, to consider the following:

(1) What restrictions, if any, these rules may place on the cottage food industry in Hawaii;

(2) Issues relating to the permitting process, including a permit that would not require vendors engaged in direct sales to consumers to reapply every one hundred twenty days or pay any associated permitting fees;

(3) Potentially authorizing home kitchens to be an approved source for a temporary food establishment permit;

(4) The parameters associated with the volume of food allowed to be sold by persons holding temporary food establishment permits; and

(5) Any other potential issues associated with growing the cottage food industry in Hawaii; and

BE IT FURTHER RESOLVED that the Department of Health is requested to submit a report of the working group's findings, recommendations, and any proposed legislation to the Legislature no later than twenty days prior to the convening of the Regular Session of 2015; and

BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Director of Health.

	OFFERED BY:	_____________________________

Report Title:

Cottage Foods; Temporary Food Establishments; Working Group; Department of Health; Food Safety

HOUSE OF REPRESENTATIVES	H.C.R. NO.	137
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII