In Sept 2017, the Food Safety Branch (FSB) adopted the 2013 FDA Model Food Code as an integral part of Hawaii Administrative Rules (HAR), Chapter 11-50, Food Safety Code that governs the food industry.
Since then, the FDA has updated and published the 2017 and 2022 Model food Codes, respectively.

With Act 195, the 2023 Legislature modified certain aspects of FSB’s regulation of “Homemade Foods”, specifically adding a new definition of that term. In addition to adopting the changes required by this new law, the FSB is also updating chapter
11-50, HAR, to incorporate amendments to the 2022 FDA Model Food Code, with one notable exception:

1) The 2022 FDA Model Code requires that all Persons-In-Charge (PIC) at a permitted food establishment, must be a Certified Food Protection Manager.
The FSB will not adopt this requirement at this time as part of the amended HAR 11-50 being proposed. The FSB is of the opinion that we currently have adequate control of food illness risk factors in the regulated community through the mandatory Food Handlers Education Certification for all PICs in conjunction with the placarding program.

The proposed amendments updates provisions of HAR chapter 11-50 dealing with food establishment sanitation by clarifying certain definitions, requirements, and permitting procedures and establishing new requirements for food establishments. The proposed amendments:

A. The definition of homemade food products will be changed to include pickled, fermented, or acidified plant food products that must have a pH at or below 4.2 OR a Water Activity (Aw) level at or below 0.88, pursuant to Act 195, SLH 2024 [Note that Act 195 contained a typographic error (use of the conjunction “and” rather than “or”) and with the adoption of these proposed rules, this error has been corrected to accurately reflect the legislative intent].

B. Homemade food producers will be allowed to sell and distribute to third parties and wholesale their non-Temperature Controlled for Safety (TCS) products, a change also required by Act 195, 2024.

C. On April 23, 2021, the Food Allergy Safety, Treatment, Education, and Research (FASTER) Act was signed into law, declaring sesame as the 9th major food allergen recognized by the United States. The change was effective on January 1, 2023. All United States Food and Drug Administration requirements applicable to major food allergens, including labeling and manufacturing requirements, apply to sesame as of January 1, 2023. Accordingly, the DOH is proposing to require food establishments to post signage and label foods if the food establishment uses any of the nine allergens as ingredients or used in their food operations to mirror those changes in the federal law.

D. Require food establishments to utilize written vomiting and diarrhea clean- up plans, a requirement that can be satisfied by implementing an approved clean-up plan from a DOH generated template.

E. A requirement that Band-aids, finger cots, or finger stalls be covered with gloves during food handling/preparation.

F. The DOH proposes that foods adhering to certain criteria may now be offered for donation.

G. Change all existing references to “fruits and vegetables” to “plant foods” to better reflect the full scope of that term.

H. The definition of “intact meat” has been changed as it relates to required cooking temperatures.

I. Pet dogs will be allowed in outdoor dining spaces, subject to certain restrictions.

J. Allowing owners/operators of long-term care facilities that serve “highly susceptible populations” (our kupuna), to serve raw or under cooked foods to their residents upon request. The food establishment will be required to have the resident that requests any raw or undercooked foods sign a form provided by the DOH in which the resident acknowledges that they may be at a higher risk of contracting a foodborne illness and that they may have a more difficult time recovering from their illness than those that are not part of a susceptible population.

The amendments proposed are designed to improve public health outcomes by directly and indirectly lowering the risk of contracting food borne illnesses in the State.

The public hearings will be held virtually on ZOOM on the following date and time:

The subject of this hearing (the amendment of chapter 11-50, HAR) is identical to the public hearing, Docket No. 24-FSB-EO-2, that was held on December 12, 2024, at 1:00PM, as are the proposed amendments. This hearing provides additional opportunity for the FSB to receive public comments and is essentially a re-do of the previous hearing.

A copy of the amended rules, HAR chapter 11-50, and the existing HAR chapter
11-50, will be mailed to any person who requests a copy and pays in advance for the copy and postage. Requests may be made by writing to the Food Safety Branch at the address below or by calling (808) 586-8000.

Food Safety Branch
Department of Health
99-945 Halawa Valley St.
Aiea, Hawaii 96701

A copy of the proposed rules will be e-mailed or mailed at no cost to any existing HAR Chapter 11-50, Food Safety Code, permit holder who requests a copy.

The amended HAR chapter 11-50 and HAR chapter 11-50 may be reviewed in person from 7:45 a.m. to 4:30 p.m. at the following locations:

2. Kauai: Environmental Health Services
Kauai District Health Office
3040 Umi Street, 2nd Floor.
Lihue, Kauai
Phone: (808) 241-3323

3. Maui: Environmental Health Services
Department of Health
State Office Building, Room 300
54 High Street
Wailuku, Maui
Phone: (808) 984-8230

4. Hawaii: Environmental Health Services
Department of Health
1582 Kamehameha Avenue
Hilo, Hawaii
Phone: (808) 933-0917.

and: Sanitation Branch, Department of Health
Keakealani Building
79-1020 Haukapila Street, Room 115
Kealakekua, Hawaii
Phone: (808) 322-1507

5. Internet: http://health.hawaii.gov/san/

Any person desiring to view the hearing who may require special accommodations (i.e., taped materials or sign language interpreter) may request assistance provided such a request is made ten working days prior to the scheduled hearing. This request may be made by writing to the Food Safety Branch at the previously noted Aiea address or by calling (808) 586-8000.