Bill Text: HI HR186 | 2014 | Regular Session | Introduced

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Bill Title: Fish-Drying; Public Health; Study

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2014-04-03 - Resolution adopted in final form. [HR186 Detail]

Download: Hawaii-2014-HR186-Introduced.html

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HOUSE OF REPRESENTATIVES	H.R. NO.	186
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

HOUSE RESOLUTION

 

 

requesting the department of health to conduct a study on the long-standing cultural hawaiian practice of sun-drying fish to determine what can be done to preserve this cultural practice while protecting the public health.

 

 

 

     WHEREAS, the ancient Hawaiian practice of sun-drying fish by first salting, then laying the fish out in the sun, is still used today to prepare fish for consumption and sale; and

 

     WHEREAS, the traditional practice of sun-drying fish, as it has been done in Hawaii for thousands of years, requires salting the fish to remove as much moisture as possible before any drying by the sun occurs, then after the salting of the entire fish is complete, placing the fish in covered drying boxes that are constructed with screens to protect the fish from outside debris; and

 

WHEREAS, a number of small commercial fishing businesses in Hawaii encourage the preservation and appreciation for traditional sun-drying methods by producing and distributing fish dried by this method to stores and customers throughout the State and beyond; and

 

WHEREAS, the demand for traditionally sun-dried fish is so great that many small or family businesses depend upon the sale of sun-dried fish for the majority of their income; and

 

WHEREAS, the United States Food and Drug Administration and the Hawaii State Department of Health consider the practice of keeping fish between the temperatures of 46 and 139 degrees Fahrenheit for longer than four hours to be potentially dangerous; and

 

     WHEREAS, the United States Food and Drug Administration requires the water activity in fish to be below 0.85 to prevent the possibility of microbiological contamination, in addition to ensuring that fish are properly protected from any outside contaminants while they are in the drying process; and

 

     WHEREAS, the Department of Health has noted that the traditional Hawaiian practice of sun-drying fish, such as locally caught opelu, does not comport with federal regulations, specifically, full drying of fish using the sun requires more time than the four-hour time limit allowed for certain temperatures; and

 

     WHEREAS, local small businesses producing and selling sun-dried fish have been unable to renew their food establishment permits at the time of their permit's expiration based upon the noted position of the Department of Health; and

 

WHEREAS, in 2011, exemptions were made for the production of hand-pounded pa‘i‘ai following the decision that cultural Hawaiian practices should be recognized and encouraged and that the State of Hawaii should contribute to the renaissance of Native Hawaiian cultural practices; and

 

     WHEREAS, this exemption for hand-pounded pa‘i‘ai applies if producers sell directly to consumers, prepare the poi adjacent to permanent or temporary hand-washing facilities, and comply with rules adopted by the Department of Health to protect the health and safety of the public; and

 

     WHEREAS, the significant cultural relevance of the practice of sun-drying fish for both cultural preservation and as a legitimate means to prepare food for consumption as it has been done for thousands of years should be recognized by the State and federal governments; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, that the Department of Health is requested to conduct a study on the long-standing cultural Hawaiian practice of sun-drying fish to determine what can be done to preserve this cultural practice while protecting the public health; and

     BE IT FURTHER RESOLVED that the Department of Health is requested to extend relevant food establishment permits for affected sun-dried fish businesses while this study is being conducted; and

 

     BE IT FURTHER RESOLVED that the Department of Health submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than 20 days before the convening of the Regular Session of 2015; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Commissioner of the United States Food and Drug Administration, Director of Health, Chief Executive Officer of the Office of Hawaiian Affairs, and the President of the Retail Merchants of Hawaii.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Fish-Drying; Public Health; Study