HOUSE OF REPRESENTATIVES

H.B. NO.

1344

TWENTY-SIXTH LEGISLATURE, 2011

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO HEALTH.

 

 

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

 


     SECTION 1.  Chapter 328, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .

HAND-POUNDED POI

     §328‑    Producer of hand-pounded poi; exemption; inspections.  (a)  An individual producer of hand-pounded poi shall not be required to prepare poi in a certified food-processing establishment or be required to obtain a permit from the department, if the producer:

     (1)  Sells hand-pounded poi directly to consumers;

     (2)  Attends a food-safety class approved by the department;

     (3)  Abides by community best practices, as determined by subsection (c);

     (4)  Maintains a working sink at the site the hand-pounded poi is produced; and

     (5)  Labels each batch of hand-pounded poi with:

         (A)  The name and address of the producer;

         (B)  The net weight of the hand-pounded poi, by standard measure;

         (C)  The date on which the hand-pounded poi was produced; and

         (D)  The following statement in clear and conspicuous print: "This hand-pounded taro product was not prepared in a Department of Health approved facility and may increase your risk of food borne illness."

     (b)  If the department receives a consumer complaint about an individual producer of hand-pounded poi regarding the poi, the producer shall be immediately subject to food sampling and subsequent inspection of the producer's premises to determine if the producer's products are mislabeled or adulterated.  If the department receives such complaints, especially complaints regarding food borne illness, the department is authorized to issue a cease and desist notice to terminate any distribution or sale of the poi in question; provided that the department shall conduct a hearing pursuant to chapter 91 prior to the issuance of the notice.

     (c)  The department shall adopt rules in accordance with chapter 91 to carry out the purposes of this section, including adopting a list of customary and traditional Hawaiian cultural food-preparation practices.

     (d)  As used in this section:

     "Hand-pounded poi" means poi that is produced by hand using customary and traditional Hawaiian cultural food-preparation practices.

     "Hand-pounded" means processed with papa kui ai and pohaku kui ai and without the use of machines or machinery.

     "Pohaku kui ai" means a poi pounding stone.

     "Papa kui ai" means a poi pounding board.

     SECTION 2.  This Act shall take effect on July 1, 2050.



 

Report Title:

Hand-pounded Poi

 

Description:

Permits the sale of hand-pounded poi by an individual producer directly to consumers under certain conditions.  Requires the Department of Health to adopt rules.  Effective July 1, 2050.  (HB1344 HD2)

 

 

 

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