Bill Text: HI SCR159 | 2017 | Regular Session | Introduced
Bill Title: Urging The Department Of Health To Adopt Rules To Allow Cottage Food Operators To Legally Operate In The State Of Hawaii.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2017-03-17 - Re-Referred to CPH. [SCR159 Detail]
Download: Hawaii-2017-SCR159-Introduced.html
|
THE SENATE |
S.C.R. NO. |
159 |
|
TWENTY-NINTH LEGISLATURE, 2017 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
SENATE CONCURRENT
RESOLUTION
Urging the department of health to adopt RULEs To allow cottage food OPERAtors to legally operate in the state of hawaii.
WHEREAS, many states have cottage food laws and regulations that govern home-based food production operations; and
WHEREAS, these laws and regulations allow a person to prepare food products, including baked goods, jams, jellies, preserves, chocolates, and spice rubs from the home kitchen of a domestic residence and sell them directly to consumers; and
WHEREAS, studies have been conducted across the United States indicating minimal risk to the public associated with cottage food operations, profits are reinvested in the local community, and the operations serve as incubators for business development; and
WHEREAS, Hawaii is one of three states that does not provide exemptions to allow cottage food operations to function in the state legally; and
WHEREAS, the establishment and implementation of Hawaii Department of Health regulations on the cottage food industry would allow cottage food operations to legally operate in the State of Hawaii; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2017, the House of Representatives concurring, that the Department of Health is urged to adopt and implement rules on the cottage food industry to allow cottage food operations to legally operate in the State of Hawaii; and
BE IT FURTHER RESOLVED that the Department of Health is urged to define a cottage food operation as those home-based food production businesses that have an annual gross income of $50,000 or less; and
BE IT FURTHER RESOLVED that the Department of Health is urged to create a list of non-potentially hazardous foods representative of the types of approved cottage food products to be considered part of an approved cottage food products list and to include:
(1) Candy;
(2) Canned jams and jellies;
(3) Cereal, including granola;
(4) Chocolate-covered nonperishable foods such as nuts and dried fruit; and confections such as salted caramel, fudge, marshmallows, marshmallow bars, hard candy, or any combination thereof;
(5) Coated and uncoated nuts;
(6) Dehydrated fruits and vegetables including dried beans;
(7) Doughnuts or andagi;
(8) Dried fruit;
(9) Dried herbs or herb mixes;
(10) Dry mixes;
(11) Flat icing, buttercream frosting, buttercream icing, buttercream fondant, and gum paste that does not contain eggs, cream, or cream cheese;
(12) Fruit butters;
(13) Fruit pies;
(14) Ground chocolate;
(15) Mochi;
(16) Mustard;
(17) Pickles;
(18) Poi;
(19) Popcorn and popcorn snacks;
(20) Roasted coffee or dry tea;
(21) Shave ice;
(22) Unroasted nut butters; and
(23) Vinegar; and
BE IT FURTHER RESOLVED that the Department of Health is urged to prohibit cottage food operations from selling foods that require time and temperature control to limit pathogen growth or toxin production such as:
(1) Foods that must be held under proper temperature controls, such as refrigeration, to prevent the growth of bacteria that may cause human illness; and
(2) Foods that contain protein and moisture and is neutral or slightly acidic, such as meat, poultry, fish, and shellfish products, pasteurized and unpasteurized milk and dairy products, raw seed sprouts, baked goods that require refrigeration, including cream or custard pies or cakes, and ice products;
provided that if the final food product does not require time or temperature control it may be allowed for sale; and
BE IT FURTHER RESOLVED that the Department of Health is urged to require that:
(1) A cottage food operation apply for a permit and pay a fee every two years;
(2) Prior to obtaining its first permit, a cottage food operation successfully complete a basic food training program, which includes curriculum on food safety;
(3) The basic food training program include curriculum on how to properly package and label food; and
(4) Cottage food operations label each food item; and
BE IT FURTHER RESOLVED that the Department of Health is urged to require that food labels be legible and include:
(1) The name and physical address of where the cottage food was produced;
(2) The common or usual name of the food product;
(3) A list of ingredients, if a food is made with a major allergen such as eggs, nuts, soy, peanuts, milk, or wheat; and
(4) The following statement: "This food was made in a home kitchen and was not inspected by the Hawaii State Department of Health"; and
BE IT FURTHER RESOLVED that the Department of Health is urged to allow cottage food operators to sell food on the approved cottage food products list at the cottage operator's home, a farmer's market, a farm stand, or a municipal, county, or non-profit fair, festival, or event but not at privately sponsored public events, including craft fairs and flea markets; and
BE IT FURTHER RESOLVED that the Department of Health allow cottage food operators to have a website, Facebook page, Twitter account, and other social media accounts to promote their operation; provided that cottage food operators not be allowed to sell cottage food products through the internet; and
BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Director of Health.
|
|
OFFERED BY: |
_____________________________ |
|
|
|
|
Cottage Food Industry; Department of Health Regulations
