THE SENATE	S.B. NO.	1128
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO FOOD ESTABLISHMENTS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 321-4.5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§321-4.5[]]  Inspection of food establishments.  Inspections of food establishments may be performed only by a [registered sanitarian or a food and drug inspector.] duly authorized agent of the department of health."

     SECTION 2.  Section 321-4.6, Hawaii Revised Statutes, is repealed.

     ["[§321-4.6]  Advisory council on food protection practices; created.  (a)  There is created within the department for administrative purposes only, an advisory council on food protection practices, whose members shall be appointed by the director of health, consisting of one representative from at least the following:

     (1)  An organization representing the restaurant industry;

     (2)  An organization representing the hotel industry;

     (3)  An organization representing the food manufacturing industry;

     (4)  An organization representing the food service industry;

     (5)  A registered sanitarian from the department of health;

     (6)  The University of Hawaii, food technology department;

     (7)  The community college food service program;

     (8)  A corporate chain restaurant doing business in Hawaii; and

     (9)  A member of the general public.

     (b)  Each member shall serve for a term of three years; provided that the director shall initially appoint three members to serve for one year, three members to serve for two years, and three members to serve for three years. No member shall serve for more than two consecutive three-year terms.

     (c)  Vacancies occurring before the expiration of a member's term shall be filled by election of the council. Individuals elected to fill a vacancy shall serve only for the remainder of the unexpired term.

     (d)  The council shall appoint from its members a chairperson, vice chairperson, secretary, treasurer, and any other officers that the council may deem necessary or desirable to carry out its functions.

     (e)  Members shall serve without compensation, but may be reimbursed for the necessary expenses, including travel expenses, incurred in the performance of their duties.

     (f)  The council shall:

     (1)  Advise the department on sanitation issues and food protection practices;

     (2)  Review and advise the department, in consultation with the department of the attorney general, regarding the adoption of rules relating to sanitation and food protection practices; and

     (3)  Advise the department on the incorporation of salient provisions of the most recent version of the United States Food and Drug Administration's Model Food Code into the department's food sanitation rules."]

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	BY REQUEST

 

 

Report Title:

Inspection of Food Establishments

 

Description:

Replaces "registered sanitarian" with "duly authorized agent of the department of health" for purposes of food establishment inspections; and repeals the Advisory Council on Food Protection Practices.

 

 

 

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