New cottage food rules would aid local producers

Whether it’s local lilikoi jam or grandma’s andagi, there’s nothing like homemade food in Hawaii. Pop-up venues like farmers markets, craft fairs and bake sales are popular places to pick up locally produced treats to snack on or share with loved ones who want a taste of the islands.

However, for those who make and sell these cottage foods, it’s not so easy. The state Department of Health (DOH) regulates the permitting of the sales of these items, which it considers homemade non-potentially hazardous foods. Under DOH rules, the food makers can sell their products only directly to consumers and not to other food establishments such as stores or restaurants. These sales are only authorized for 20 days within any 120-day period per temporary food establishment location, thereby forcing the food seller to have to re-apply for the permit multiple times per year.

These hurdles are designed by DOH to limit production output, which hampers the small operations’ ability to expand. Overall, it slows the growth of local food production among Hawaii food producers, at a time when our state is importing so much of what we eat.

While we understand the need for food regulations to ensure safe products, the current rules are especially challenging for small business food producers and inefficient for government operations. Everyone loses. That is why last October, a number of cottage food industry parties, including state Sen. Russell Ruderman and members of the DOH, came together as a working group and developed recommendations for homemade food operations in Hawaii.

Titled "Hawaii Cottage Food Business Working Group Report, 2014," the report was prepared by The Kohala Center, an independent, community-based center for research, conserva- tion and education based on Hawaii island and member of the Local Food Coalition (LFC).

The report came as a result of a 2014 legislative measure, Senate Concurrent Resolution 97, which asked fellow LFC member Ulupono Initiative to convene such a working group to discuss the current regulatory framework governing the sale of homemade food in Hawaii, and to develop draft recommendations for a new legal framework to promote growth in Hawaii’s cottage food industry while protecting public health.

The regulatory framework we’ve recommended draws upon cottage food laws adopted by 41 states and includes elements to minimize the risk of foodborne illness, including food safety training, safe food handling guidelines, product labeling, limiting the types of allowable foods for home production, and permits to cover the costs of home inspections. The full report is available on the websites of The Kohala Center (kohalacenter.org) and Ulupono Initiative (ulupono.com).

In this legislative session, the recommendations of the working group have provided the basis of House Bill 1233 and Senate Bill 379 relating to Cottage Food Operations Permitting, which would give small farmers and home food processors the ability to work out of home kitchens and sell to a more diverse customer base. It takes advantage of technology and proposes a streamlined permitting system for small producers that is less onerous for them and more efficient for government. This will increase the use of local foods in small-scale, value-added production and allow for startup operations that could scale into larger commercial ventures.

Although HB 1233 was deferred last week, we still have an opportunity with Thursday’s hearing on SB 379 by the Senate committees on health and agriculture. On behalf of the Local Food Coalition, we encourage the support of these measures. The Cottage Food Working Group recommendations appropriately balance the need for food safety and compliance with the desire for more local food production in Hawaii.

Betsy Cole is CEO of The Kohala Center, and Kyle Datta is general partner of Ulupono Initiative.