HawaiiHawaii regulates food businesses through one main chapter of law
Hawaii's Department of Health oversees food businesses under chapter 328, with yearly permits for most businesses and exemptions for certain producers.
What it does
The Department of Health uses chapter 328 as the main home for food rules. Its oversight covers restaurants, food manufacturers, and wholesale distributors, alongside drugs and cosmetics.
Most food businesses need a yearly permit or approved exception. Exempt groups include certain homemade and temperature-safe food producers, plus direct poi sellers who meet hand-washing and health rules.
Covered fees support food safety and environmental health work through a dedicated fund. The old sanitation fund's unspent or uncommitted balance transfers to it on June 30, 2027.
Eligible agricultural processing facilities receive priority review of permit applications and renewals at no extra cost. Their supplying farm businesses must meet land requirements, and approval is not automatic.
Argument forKeeping food rules in one chapter could help restaurant owners, manufacturers, and health staff find and understand the rules they follow.
Argument againstYearly permit renewals and possible fees could mean recurring paperwork and costs for food businesses outside the exemptions.
More detail
Hawaii's Department of Health uses chapter 328 to regulate food, drugs, and cosmetics. Oversight covers retail food businesses, larger food manufacturers, and wholesale distributors. The department may adopt rules for product safety, labeling, and businesses that handle these products. Its food safety education program must investigate apparently unsafe food handling and develop ways for people to learn about safety and report problems. These provisions took effect upon approval on June 8, 2026.
People handling food for sale must have a Department of Health permit or variance, meaning an approved exception, unless exempt. The requirement covers making, processing, packaging, offering, distributing, or holding food for sale. Exempt producers include direct sellers of hand-pounded poi, homemade food producers, and producers of food that does not need temperature control for safety, as department rules may define them. Poi producers qualify for the exemption from a certified processing site and department permit when they sell directly to consumers, prepare poi beside hand-washing facilities, and follow health rules. The department may set permit terms and establish permit and variance fees through rules. Permits and variances remain valid for one year unless suspended, then expire unless renewed.
The Department of Health directs covered fees into the food safety and environmental health special fund. Covered fees include charges for permits, inspections, and related health services. The fund receives chapter 328 fees and covered fees under sections 321-11.5 and 321-15. Money partially funds food safety and environmental health work, including inspections, enforcement, and education. Fund administration is capped at $140,000 per fiscal year, including no more than two full-time equivalent staff. Each June 30, any balance above $1.5 million goes to the general fund. The department must report fund receipts and spending at least 20 days before each regular legislative session. Annual food safety and food and drug audits are due November 30 and cover fees, inspection results, training seminars, and staff training costs. The old sanitation and environmental health fund ends on June 30, 2027. Its unspent or uncommitted balance transfers at the close of business that day.
Covered permit agencies must give eligible agricultural processing facilities priority review at no extra cost. This covers agencies under chapter 328 or title 19 and facilities processing crops or livestock from businesses primarily engaged in farming or related production. Most land held, owned, or used by the supplying farm business must be designated important agricultural land. Land in conservation districts is excluded from that calculation. Priority review does not mean automatic approval.
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Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 9Act 108, 06/08/2026 (Gov. Msg. No. 1208).Latest
- Jun 9Act 108, on 06/08/2026 (Gov. Msg. No. 1208).Became Law
- May 8Received notice of passage on Final Reading in House (Hse. Com. No. 888).Minor
- May 8Enrolled to Governor.To Governor
- May 6Passed Final Reading, as amended (CD 1). Ayes, 25; Aye(s) with reservations: none . 0 No(es): none. 0 Excused: none.Major
- Vote recorded Passed Final Reading as amended in CD 1. Result: pass.Lower
- May 6Passed Final Reading as amended in CD 1 with none voting aye with reservations; none voting no (0) and none excused (0).Major
- May 6Received notice of Final Reading (Sen. Com. No. 816).Minor
- May 1The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. The votes of the Senate Conference Managers were as follows: 2 Aye(s): Senator(s) San Buenaventura, Kanuha; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) McKelvey.Minor
- Vote recorded The Conference committee recommends that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Vote recorded The Conference Committee recommends that the measure be Passed, with Amendments. Result: pass.Lower
- May 1The Conference Committee recommends that the measure be Passed, with Amendments. The votes were as follows: 4 Ayes: Representative(s) Takayama, Matayoshi, Keohokapu-Lee Loy, Alcos; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.Minor
- May 1Reported from Conference Committee as amended CD 1 (Conf. Com. Rep. No. 224-26).
- May 148 Hrs. Notice (as amended CD 1) 05-06-26.
- May 1Reported from Conference Committee (Conf Com. Rep. No. 224-26) as amended in (CD 1).
- May 1Forty-eight (48) hours notice Wednesday, 05-06-26.
- Apr 30Conference Committee Meeting will reconvene on Friday 05-01-26 4:30PM in conference room 329.
- Apr 29Bill scheduled for Conference Committee Meeting on Thursday, 04-30-26 4:30PM in conference room 329.
- Apr 22Received notice of Senate conferees (Sen. Com. No. 720).Minor
- Apr 21Senate Conferees Appointed: San Buenaventura Chair; McKelvey, Kanuha Co-Chairs.
- Apr 20Re-referred to HLT, CPC, FIN, referral sheet 30Minor
- Apr 20House Conferees Appointed: Takayama, Matayoshi, Keohokapu-Lee Loy Co-Chairs; Alcos.
- Apr 20Received notice of appointment of House conferees (Hse. Com. No. 787).Minor
- Apr 16Received from House (Hse. Com. No. 751).Minor
- Apr 16Senate disagrees with House amendments.Minor
- Apr 16Received notice of disagreement (Sen. Com. No. 710).Minor
- Apr 14Passed Third Reading as amended in HD 2 with none voting aye with reservations; none voting no (0) and none excused (0). Transmitted to Senate.Passed House
- Vote recorded Passed Third Reading as amended in HD 2. Result: pass.Lower
- Apr 10Reported from CPC (Stand. Com. Rep. No. 2112-26) as amended in HD 2, recommending passage on Third Reading.
- Apr 10Forty-eight (48) hours notice Tuesday, 04-14-26.
- Apr 7The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 11 Ayes: Representative(s) Matayoshi, Grandinetti, Chun, Ilagan, Ichiyama, Iwamoto, Kong, Lowen, Marten, Tam, Pierick; Ayes with reservations: none; Noes: none; and Excused: none.Minor
- Vote recorded The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Apr 2Bill scheduled to be heard by CPC on Tuesday, 04-07-26 2:05PM in House conference room 329 VIA VIDEOCONFERENCE.
- Mar 24Reported from HLT (Stand. Com. Rep. No. 1347-26) as amended in HD 1, recommending passage on Second Reading and referral to CPC.
- Vote recorded Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC. Result: pass.Lower
- Mar 24Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and Representative(s) Garrett, Quinlan excused (2).Minor
- Mar 20The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Takayama, Keohokapu-Lee Loy, Amato, Hartsfield, Marten, Olds, Takenouchi, Alcos, Garcia; Ayes with reservations: none; 0 Noes: none; and 0 Excused: none.Minor
- Vote recorded The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Mar 17Bill scheduled to be heard by HLT on Friday, 03-20-26 9:30AM in House conference room 329 VIA VIDEOCONFERENCE.
- Mar 10Pass First ReadingMinor
- Mar 10Referred to HLT, CPC, referral sheet 16Minor
- Mar 6Report Adopted; Passed Third Reading. Ayes, 24; Aye(s) with reservations: none. Noes, 0 (none). Excused, 1 (Senator(s) Ihara). Transmitted to House.Passed Senate
- Vote recorded Report Adopted; Passed Third Reading. Result: pass.Upper
- Mar 6Received from Senate (Sen. Com. No. 113) in amended form (SD 1).Minor
- Mar 5Reported from WAM (Stand. Com. Rep. No. 2763) with recommendation of passage on Third Reading.
- Mar 5One Day Notice 03-06-26.
- Mar 2The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Richards, Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
- Vote recorded The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. Result: pass.Upper
- Feb 25The committee(s) on WAM deferred the measure until 03-02-26 10:01AM; Conference Room 211 & Videoconference.Minor
- Feb 23The committee(s) on WAM will hold a public decision making on 02-25-26 10:55AM; Conference Room 211 & Videoconference.
- Feb 20Reported from HHS/CPN (Stand. Com. Rep. No. 2635) with recommendation of passage on Second Reading, as amended (SD 1) and referral to WAM.
- Feb 20Report adopted; Passed Second Reading, as amended (SD 1) and referred to WAM.Minor
- Feb 18The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 4 Aye(s): Senator(s) San Buenaventura, Kanuha, Keohokalole, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) McKelvey.Minor
- Vote recorded The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Vote recorded The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Feb 18The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 4 Aye(s): Senator(s) Keohokalole, Fukunaga, Lamosao, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) McKelvey.Minor
- Feb 17The committee(s) on HHS/CPN deferred the measure until 02-18-26 10:06AM; Conference Room 229 & Videoconference.Minor
- Feb 13The committee(s) on HHS/CPN has scheduled a public hearing on 02-17-26 9:45AM; Conference Room 229 & Videoconference.
- Feb 2Referred to HHS/CPN, WAM.Minor
- Jan 28Introduced.Minor
- Jan 28Passed First Reading.Minor
- Jan 26Pending Introduction.Introduced
Public SafetyConsumer ProtectionAgriculture