HOUSE OF REPRESENTATIVES

H.B. NO.

100

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to home-based baking business.

 

 

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

 


SECTION 1. The legislature finds that many states have cottage food laws that govern food production businesses operating out of people's homes. These laws allow a person to prepare food, usually baked goods, from their personal kitchen and sell them directly to consumers.

The legislature finds that only a few states, including Hawaii, do not have some type of cottage food law. The purpose of this Act is to allow home-based baking businesses to sell food items directly to consumers if certain conditions are met.

SECTION 2. Chapter 328, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"328-   Home-based baking business; exemptions. (a) For the purposes of this section, "home-based baking business" means an individual, operating out of the individual's dwelling, who prepares, processes, packages, stores, handles, and distributes baked goods for sale directly to consumers, and whose net earnings are more than $           but less than $           a year.

(b) The operator of a home-based baking business shall not be required to prepare or process baked goods in a certified food processing establishment or be required to obtain a permit from the department if the operator:

(1) Sells the baked goods directly to consumers;

(2) Takes all reasonable steps to protect the baked goods intended for sale from contamination while preparing, processing, packaging, storing, handling, and distributing the items, including but not limited to:

(A) Maintaining direct supervision of any person, other than the operator, engaged in the processing, preparing, packaging, storing, handling, or distribution of the baked goods intended for sale;

(B) Prohibiting all animals from entering the area in the dwelling in which the home-based baking business is located while baked good items are being processed, prepared, packaged, stored, handled, or distributed, and prohibiting all animals from having access to or coming into contact with stored ingredients used for baking and the baked goods intended for sale;

(C) Prohibiting all domestic activities in the kitchen while the home-based food baking business is processing, preparing, packaging, handling, or distributing any baked goods intended for sale;

(D) Prohibiting any person who is infected with a communicable disease, who is a carrier of organisms that can cause a communicable disease, who has an infected wound, or who has an acute respiratory infection from processing, preparing, packaging, handling, or distributing any baked goods intended for sale; and

(E) Ensuring that all individuals engaged in processing, preparing, packaging, handling, or distributing any baked goods intended for sale by the home-based baking business are knowledgeable about and follow safe food handling practices;

(3) Maintains a clean and sanitary facility, including but not limited to having:

(A) Access to a municipal water source and proper sewage disposal;

(B) Adequate hand washing facilities;

(C) A separate storage place for all ingredients used in processing or preparing any baked goods intended for sale;

(D) A properly functioning refrigeration unit;

(E) A properly functioning toilet facility;

(F) A sink with adequate hot water to clean and sanitize all utensils and equipment used by the home-based baking business;

(G) Adequate facilities for the storage of utensils and equipment used by the home-based baking business; and

(H) No evidence of insect or rodent activity;

(4) Labels all baked goods sold pursuant to this section with the following:

(A) The name and address of the operator of the home-based baking business;

(B) The names of the baked goods being sold;

(C) The date the baked goods were produced;

(D) The ingredients used to make the baked goods in descending order of predominance by weight;

(E) The statement, "This product is home-produced and processed." in clear and conspicuous print; and

(F) The statement, "This food product was not produced or packaged in a department inspected facility." in clear and conspicuous print; and

(5) Complies with all rules adopted by the department to protect the health and safety of the public.

(c) The department shall adopt rules pursuant to chapter 91 to effectuate the purpose of this section no later than December 31, 2013."

SECTION 3. New statutory material is underscored.

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

 

INTRODUCED BY:

_____________________________

 

 

 

 

 

 

 

 

 

 

 

 


 


 

Report Title:

Home-based Baking Businesses; Department of Health

 

Description:

Allows home-based baking businesses to sell food items directly to consumers if certain conditions are met. Requires the department of health to adopt rules pursuant to chapter 91, HRS, no later than December 31, 2013.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.