Hawaii cottage food law

The rules at a glance

Homemade Food Operation

• Unattended honesty stand?

  Not addressed

  The rules don't mention unattended, self-serve or honor-system stands.

• Sign up with the state?

  No

  No food establishment permit. Event organizers may require a special event permit.

  Source

  • Homemade Food Operations are exempt from the requirement of a food establishment permitHawaii Department of Health: Homemade Food Products (PDF)
  • shall be exempt from the provisions of this chapter, except that they shall remain subject to the inspectionHawaii Administrative Rules Chapter 11-50, Food Safety Code (PDF)

• Food safety class?

  Yes

  Food safety certification from the DOH or an approved program.

  Source

  • Obtain food safety certification in accordance with section 11-50-20(c)Hawaii Administrative Rules Chapter 11-50, Food Safety Code (PDF)
  • The person in charge shall demonstrate knowledge of basic food safety by successfully completing a food safety course that is part of a department food safety program or other program approved by the departmentHawaii Administrative Rules Chapter 11-50, Food Safety Code (PDF)
  • HMF operators are required to obtain food safety training from the Department of Health (DOH) or a program approved by the DOHHawaii Department of Health: Homemade Food Products (PDF)

• Kitchen inspection?

  Sometimes

  Subject to inspection based on risk and after a complaint or illness outbreak.

  Source

  • shall be exempt from the provisions of this chapter, except that they shall remain subject to the inspectionHawaii Administrative Rules Chapter 11-50, Food Safety Code (PDF)
  • The department may inspect a food establishment at a frequency based upon the risk of foodborne illness transmission as determined by the departmentHawaii Administrative Rules Chapter 11-50, Food Safety Code (PDF)
  • Inspections shall also be conducted in response to a complaint or an epidemiological investigation of an alleged foodborne illness outbreakHawaii Administrative Rules Chapter 11-50, Food Safety Code (PDF)

• Yearly sales limit

  No limit

  The rules set no yearly sales cap.

  Source

  • shall be exempt from the provisions of this chapter, except that they shall remain subject to the inspectionHawaii Administrative Rules Chapter 11-50, Food Safety Code (PDF)
  • You may sell your product at non-profit and for-profit events such as fundraisers, craft fair, farmers markets, and the likeHawaii Department of Health: Homemade Food Products (PDF)

• Foods that need a fridge?

  Sometimes

  Foods that don't need time or temperature control, except cut-tomato salsa kept cold.

  Source

  • Most foods allowed to be produced are limited to those that do not require time or temperature control to keep the food safe for consumptionHawaii Department of Health: Homemade Food Products (PDF)
  • provided that any homemade food product containing cut tomatoes, such as salsa, must be kept refrigerated at or below forty-one degrees FahrenheitHawaii Administrative Rules Chapter 11-50, Food Safety Code (PDF)

• Take orders online?

  Yes

  In person, by phone or over the internet.

  Source

  • Directly to the consumer, whether in person or remotely, including by telephone or the internetHawaii Administrative Rules Chapter 11-50, Food Safety Code (PDF)
  • You may also sell your product onlineHawaii Department of Health: Homemade Food Products (PDF)

• Ship or mail orders?

  Yes

  By mail or shipping.

  Source

  • Delivered to the consumer by the homemade food operator, an agent of the homemade food operator or a third-party vendor such as a food establishment, by mail, or shippingHawaii Administrative Rules Chapter 11-50, Food Safety Code (PDF)

• Sell through shops?

  Yes

  Can wholesale to permitted food establishments that resell it.

  Source

  • An agent of the homemade food operator or a third-party vendor such as a food establishment, to the consumerHawaii Administrative Rules Chapter 11-50, Food Safety Code (PDF)
  • State law allows HMF products to be wholesaled to permitted food establishments that wish to resell your productHawaii Department of Health: Homemade Food Products (PDF)

What goes on the label