HB 2619: DOH; Farm Kitchens; Home Kitchens; Homemade Food Products; Rules

A BILL FOR AN ACT

RELATING TO HOMEMADE FOOD PRODUCTS.

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

     SECTION 1.  The legislature finds that homemade food product operations provide important opportunities for small-scale food producers to participate in local food systems while maintaining public health protections.  In 2025, the department of health adopted administrative rules clarifying food safety, labeling, and operational standards for home kitchens and homemade food products.

     The legislature further finds that many small farms prepare value-added food products in kitchens located on their farms, commonly referred to as "farm kitchens", and that these operations often face regulatory uncertainty despite posing similar or lower public health risks than homemade food product operations.

     The purpose of this Act is to require the department of health to adopt rules for the regulation of farm kitchens producing homemade food products that are no more stringent than those for home kitchens producing homemade food products.

     SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§321-     Farm kitchens; homemade food products; rules.  (a)  The department of health shall adopt rules pursuant to chapter 91 to regulate farm kitchens producing homemade food products; provided that the rules adopted pursuant to this section shall be no more stringent than those for the regulation of home kitchens producing homemade food products and shall:

     (1)  Not require a farm kitchen to obtain a food establishment permit solely due to its location on agricultural land;

     (2)  Require a farm kitchen to comply with all applicable homemade food product requirements, including but not limited to food safety standards, labeling requirements, sales limitations, and product restrictions; and

     (3)  Allow for the inspection of farm kitchens by the department and enforcement of any rules adopted by the department.

     (b)  Nothing in this section shall be construed to limit the department's authority to restrict or prohibit the preparation of foods that pose a higher risk to public health, as determined by rule.

     (c)  For the purposes of this section:

     "Department" means the department of health.

     "Farm kitchen" means a kitchen located on agricultural land, including land zoned for agricultural use or land actively used for agricultural production, in which homemade food products are prepared using ingredients that may include agricultural products grown or raised on the same farm.

     "Home kitchen" means a kitchen designed and intended for use by the residents of a home."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

DOH; Farm Kitchens; Home Kitchens; Homemade Food Products; Rules

Description:

Requires the Department of Health to adopt rules for the regulation of farm kitchens producing homemade food products that are no more stringent than those for home kitchens producing homemade food products.  Effective 7/1/3000.  (SD1)

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

A BILL FOR AN ACT

RELATING TO HOMEMADE FOOD PRODUCTS.

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

     SECTION 1.  The legislature finds that homemade food product operations provide important opportunities for small-scale food producers to participate in local food systems while maintaining public health protections.  In 2025, the department of health adopted administrative rules clarifying food safety, labeling, and operational standards for home kitchens and homemade food products.

     The legislature further finds that many small farms prepare value-added food products in kitchens located on their farms, commonly referred to as "farm kitchens", and that these operations often face regulatory uncertainty despite posing similar or lower public health risks than homemade food product operations.

     The purpose of this Act is to require the department of health to adopt rules for the regulation of farm kitchens producing homemade food products that are no more stringent than those for home kitchens producing homemade food products.

     SECTION 2.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§321-     Farm kitchens; homemade food products; rules.  (a)  The department of health shall adopt rules pursuant to chapter 91 to regulate farm kitchens producing homemade food products; provided that the rules adopted pursuant to this section shall be no more stringent than those for the regulation of home kitchens producing homemade food products and shall:

     (1)  Not require a farm kitchen to obtain a food establishment permit solely due to its location on agricultural land;

     (2)  Require a farm kitchen to comply with all applicable homemade food product requirements, including but not limited to food safety standards, labeling requirements, sales limitations, and product restrictions; and

     (3)  Allow for the inspection of farm kitchens by the department and enforcement of any rules adopted by the department.

     (b)  Nothing in this section shall be construed to limit the department's authority to restrict or prohibit the preparation of foods that pose a higher risk to public health, as determined by rule.

     (c)  For the purposes of this section:

     "Department" means the department of health.

     "Farm kitchen" means a kitchen located on agricultural land, including land zoned for agricultural use or land actively used for agricultural production, in which homemade food products are prepared using ingredients that may include agricultural products grown or raised on the same farm.

     "Home kitchen" means a kitchen designed and intended for use by the residents of a home.

     "Homemade food products" means:

     (1)  Not time/temperature control for safety food produced or packaged in a home kitchen or farm kitchen that does not include dried meats or seafood; and

     (2)  Foods of plant origin that are pickled, fermented, or acidified, except for cantaloupes and other fruits from the melon family, that are produced or packaged in a home kitchen or farm kitchen that have a pH of equal to or less than 4.2 or a Aw value that is less than 0.88; provided that any homemade food product containing cut tomatoes, such as salsa, shall be kept refrigerated at or below forty-one degrees Fahrenheit."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

DOH; Farm Kitchens; Home Kitchens; Homemade Food Products; Rules

Description:

Requires the Department of Health to adopt rules for the regulation of farm kitchens producing homemade food products that are no more stringent than those for home kitchens producing homemade food products.  Effective 7/1/3000.  (HD2)

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

A BILL FOR AN ACT

RELATING TO HOMEMADE FOOD PRODUCTS.

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

     SECTION 1.  The legislature finds that homemade food product operations provide important opportunities for small-scale food producers to participate in local food systems while maintaining public health protections.  In 2025, the department of health adopted administrative rules clarifying food safety, labeling, and operational standards for home kitchens and homemade food products.

     The legislature further finds that many small farms prepare value-added food products in kitchens located on their farms, commonly referred to as "farm kitchens", and that these operations often face regulatory uncertainty despite posing similar or lower public health risks than homemade food product operations.

     The purpose of this Act is to require the department of health to adopt rules for the regulation of farm kitchens producing homemade food products that are no more stringent than those for home kitchens producing homemade food products.

     SECTION 2.  (a)  The department of health shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to regulate farm kitchens producing homemade food products; provided that the rules adopted pursuant to this Act shall be no more stringent than those for the regulation of home kitchens producing homemade food products and shall:

     (1)  Not require a farm kitchen to obtain a commercial food establishment permit solely due to its location on agricultural land;

     (2)  Require a farm kitchen to comply with all applicable homemade food product requirements, including but not limited to food safety standards, labeling requirements, sales limitations, and product restrictions; and

     (3)  Allow for the inspection of farm kitchens by the department and enforcement of any rules adopted by the department.

     (b)  Nothing in this Act shall be construed to limit the department's authority to restrict or prohibit the preparation of foods that pose a higher risk to public health, as determined by rule.

     (c)  For the purposes of this Act:

     "Department" means the department of health.

     "Farm kitchen" means a kitchen located on agricultural land, including land zoned for agricultural use or land actively used for agricultural production, in which homemade food products are prepared using ingredients that may include agricultural products grown or raised on the same farm.

     "Home kitchen" means a kitchen designed and intended for use by the residents of a home.

     "Homemade food products" means:

     (1)  Not time/temperature control for safety food produced or packaged in a home kitchen or farm kitchen that does not include dried meats or seafood; and

     (2)  Foods of plant origin that are pickled, fermented, or acidified, except for cantaloupes and other fruits from the melon family, that are produced or packaged in a home kitchen or farm kitchen that have a pH of equal to or less than 4.2 or a Aw value that is less than 0.88; provided that any homemade food product containing cut tomatoes, such as salsa, must be kept refrigerated at or below forty-one degrees Fahrenheit.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

DOH; Farm Kitchens; Home Kitchens; Homemade Food Products; Rules

Description:

Requires the Department of Health to adopt rules for the regulation of farm kitchens producing homemade food products that are no more stringent than those for home kitchens producing homemade food products.  Effective 7/1/3000.  (HD1)

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

A BILL FOR AN ACT

relating to HOMEMADE FOOD PRODUCTS.

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

     SECTION 1.  The legislature finds that homemade food product operations provide important opportunities for small-scale food producers to participate in local food systems while maintaining public health protections.  In 2025, the department of health adopted administrative rules clarifying food safety, labeling, and operational standards for home kitchens and homemade food products.

     The legislature further finds that many small farms prepare value-added food products in kitchens located on their farms, commonly referred to as "farm kitchens", and that these operations often face regulatory uncertainty despite posing similar or lower public health risks than homemade food product operations.

     The purpose of this Act is to provide regulatory clarity and increase economic opportunities by making the department of health's administrative rules for home kitchens and homemade food products applicable to farm kitchens, while preserving the department's authority to ensure food safety.

     SECTION 2.  (a)  Notwithstanding any other law to the contrary, a farm kitchen that meets the requirements applicable to a home kitchen under administrative rules adopted by the department of health shall be regulated in the same manner as a home kitchen.

     (b)  A farm kitchen regulated pursuant to subsection (a) shall:

     (1)  Not be required to obtain a commercial food establishment permit solely due to its location on agricultural land;

     (2)  Comply with all applicable homemade food product requirements, including but not limited to food safety standards, labeling requirements, sales limitations, and product restrictions; and

     (3)  Shall remain subject to inspection, enforcement, and rulemaking authority of the department of health.

     (c)  Nothing in this section shall be construed to limit the department of health's authority to restrict or prohibit the preparation of foods that pose a higher risk to public health, as determined by rule.

     (d)  The department of health shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, necessary for the purposes of this Act.

     (e)  For the purposes of this Act:

     "Home kitchen" has the same meaning as defined in rules adopted by the department of health.

     "Homemade food products" has the same meaning as defined in rules adopted by the department of health.

     "Farm kitchen" means a kitchen located on agricultural land, including land zoned for agricultural use or land actively used for agricultural production, in which food products are prepared using ingredients that may include agricultural products grown or raised on the same farm.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

DOH; Farm Kitchens; Home Kitchens; Homemade Food Products; Rules

Description:

Requires the Department of Health to adopt rules to authorize and regulate farm kitchens on the same basis as home kitchens producing homemade food products.

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

STAND. COM. REP. NO.  1062-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2619

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 2619, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO HOMEMADE FOOD PRODUCTS,"

begs leave to report as follows:

     The purpose of this measure is to require the Department of Health to adopt rules for the regulation of farm kitchens producing homemade food products that are no more stringent than those for home kitchens producing homemade food products.

     Your Committee received testimony in support of this measure from the Hawaii Food Industry Association; Hawaiʻi Farm Bureau; Grassroot Institute of Hawaii; Institute for Justice; and three individuals.  Your Committee received comments on this measure from the Department of Health.

     Your Committee finds that homemade food operations provide important economic opportunities for small-scale producers while maintaining public health protections.  Many small farms prepare value-added food products in kitchens located on agricultural land, yet these "farm kitchens" often face regulatory uncertainty despite posing public health risks comparable to home kitchens.  Providing clear and consistent regulation for farm kitchens — while maintaining food safety, labeling, inspection, and enforcement standards — will reduce confusion, support local food production, and expand economic opportunities without compromising public health.  Accordingly, this measure ensures that farm kitchens are regulated no more stringently than home kitchens, while preserving the State's authority to address higher‑risk food products.

     Your Committee notes that the definition of "homemade food products" in this measure is not identical to the definition found in chapter 11-50, Hawaii Administrative Rules, because the definition is modified to apply to farm kitchens.

     Your Committee has amended this measure by:

     (1)  Codifying the rulemaking requirements for the Department of Health related to farm kitchens, rather than setting this out in session law; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2619, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2619, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

STAND. COM. REP. NO.  345-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2619

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Health, to which was referred H.B. No. 2619 entitled:

"A BILL FOR AN ACT RELATING TO HOMEMADE FOOD PRODUCTS,"

begs leave to report as follows:

     The purpose of this measure is to require the Department of Health to regulate farm kitchens under administrative rules on the same basis as home kitchens producing homemade food products.  

     Your Committee received testimony in support of this measure from the Hawaii Food Industry Association; Hawaiʻi Farm Bureau; Grassroot Institute of Hawaii; Maui Chamber of Commerce; CARES; and two individuals.  Your Committee received comments on this measure from the Department of Health.

     Your Committee finds that homemade food product operations provide important opportunities for small-scale food producers to participate in local food systems while maintaining public health protections.  Your Committee further finds that while the Department of Health has enacted administrative rules to regulate home kitchens and homemade food products, it has not adopted rules to regulate farm kitchens.  As a result, agricultural producers in Hawaii face ambiguity in whether they can turn off-grade and excess production into homemade food products that can be sold to consumers.  This measure is intended to enable Hawaii's farmers to diversify their revenue streams while maintaining core public health protections.

     Your Committee has amended this measure by:

     (1)  Clarifying that the Department of Health is to adopt rules for the regulation of farm kitchens producing homemade food products that are no more stringent than those for home kitchens producing homemade food products;

     (2)  Amending the definitions of "home kitchen", "homemade food products", and "farm kitchen";

     (3)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2619, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2619, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Health,