Bill Text: HI SB2381 | 2014 | Regular Session | Amended
Bill Title: Noncommercial Food Preparation; Charitable Purposes
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-02-12 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to CPN. [SB2381 Detail]
Download: Hawaii-2014-SB2381-Amended.html
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THE SENATE |
S.B. NO. |
2381 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO FOOD PREPARATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that food safety and the protection of the public are objectives that are of the utmost importance to the people of this State. Furthermore, the equitable, just, and efficient distribution of food to those people who are in the greatest need is just as equally important to the people of this State.
The legislature further finds that these objectives are not mutually exclusive. Food can be prepared in a safe manner utilizing the kitchens, barbeques, and traditional cultural techniques throughout the State and provided to struggling individuals and families.
The legislature also finds that the cost of living in Hawaii is currently rated among the highest in the nation, including the average cost of rent, electricity, and food.
The legislature further finds that the shared values of the residents of Hawaii are deeply rooted in community and assistance for the common good, and that regulations governing charitable activities should be structured to encourage people's desire to pursue charitable practices.
In addition, the legislature finds that commercial activities are, in many circumstances, similar to charitable activities but with dissimilar intent. Thus, commercial activities and charitable activities should be regulated in a dissimilar manner. Precedent in separating commercial and noncommercial activities has been set in many diverse areas of law, from the regulation of commercial fish catches versus home consumption, to the licensing of commercial vehicles in a different manner from personal vehicles.
The purpose of this Act is to:
(1) Establish definitions to separate commercial and charitable, noncommercial activities involving the preparation of food; and
(2) Develop food safety education requirements for persons or agencies preparing and serving food for charitable, noncommercial purposes.
SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read:
"§321‑ Preparation of food for noncommercial, charitable purposes. Persons or entities preparing food for public consumption shall not be required to prepare food in a commercial kitchen facility certified by the department of health if the following requirements are met:
(1) The person or entity is preparing and serving food for bona fide charitable purposes as defined in section 328-1;
(2) The person or entity is preparing and serving food for noncommercial purposes as defined in section 328-1; and
(3) All persons with direct contact with food in the raw or prepared state have had no less than two hours of food safety and handling training, to the extent necessary given their duties and the extent of food preparation, provided by the department of health sanitation branch."
SECTION 3. Section 328-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read:
""Charitable purposes" means any purpose that is the direct action of an individual, or nonprofit organization as defined by the Internal Revenue Service, acting solely for the benefit of the intended recipients and without the receipt, exchange, or future or past expectation of goods or services, compensation, or other consideration.
"Noncommercial purposes" means purposes that are not regularly carried out for compensation or other consideration; that are not to test, promote, or market any future commercial enterprise; and purposes for which the person or agency is not required to hold a commercial license or other certification to regularly provide."
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 2050.
Report Title:
Noncommercial Food Preparation; Charitable Purposes
Description:
Exempts the preparation of food for charitable, noncommercial purposes from certain department of health food safety requirements if certain conditions are met. Effective 1/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
