SB2626

SECTION 1. The legislature finds that food borne illness is more prevalent with increased human contact during food preparation. Simple measures such as hand washing, rodent control, and maintaining adequate refrigeration temperatures would vastly reduce the potential for food borne illness proliferation. Under existing law, the department of health is responsible for conducting inspections of food establishments for sanitation purposes. The legislature finds that the department should also inspect food establishments to reduce the likelihood of food borne illness.

The purpose of this Act is to require the department of health to inspect for food borne illness and grade retail food establishments and restaurants on food handling.

SECTION 2. Section 321-4.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-4.5[]] Inspection of food establishments[.]; food borne illness; grading of retail food establishments and restaurants. (a) Inspections of food establishments may be performed only by a registered sanitarian or a food and drug inspector. The inspections shall include, but not be limited to, observations and evaluation of food handling practices at retail food establishments and restaurants to reduce the potential for food borne illness.

(b) Pursuant to an inspection under subsection (a), the department shall grade a retail food establishment or restaurant for food handing practices, as follows:

(1) Grade A for a score of 90 to 100 points;

(2) Grade B for a score of 80 to 89 points;

(3) Grade C for a score of 70 to 79 points;

(4) Grade D for a score of 60 to 69 points; and

(5) Grade F for a score of 59 and lower.

A retail food establishment receiving a grade of F shall be prohibited from operating as a retail food establishment until such time as the establishment implements the recommendations of the department that rectifies the conditions that caused the failing grade. The department shall re-inspect the retail food establishment at the request of the owner or operator of the establishment within a reasonable time after the request for re-inspection is made. The cost of the re-inspection shall be borne by the requestor and shall be paid to the department prior to the re-inspection. If a retail food establishment receives a failing grade for the re-inspection, the establishment shall not be entitled to a refund for the cost of the re-inspection. The grade for every retail food establishment or restaurant shall be deemed a public record for purposes of public access to the scores. A retail food establishment or restaurant shall be graded not less than once in a two-year period; provided that the department may establish an alternative schedule for inspection or re-inspection that is not less frequent than once in every two year period.

(c) The department shall issue to the inspected retail food establishment or restaurant an adhesive sticker with the department's seal, name of the retail food establishment or restaurant, date of the inspection, and the letter grade received. The adhesive sticker shall measure at least three inches by four inches and the letter grade received shall be in bold print and at least one hundred fifty point font.

(d) Each retail food establishment or restaurant shall post its adhesive sticker with the grade received by the department on the front door of the establishment or restaurant in a location clearly visible to the general public and to patrons, and shall continue to post its grade until a new grade is issued by the department.

(e) Failure of a retail food establishment or restaurant to comply with this section shall result in civil fines of no less than $500 per day for each day the retail food establishment or restaurant is in violation.

(f) Fraudulent misuse of the adhesive sticker issued by the department shall result in the permanent closure of the offending retail food establishment or restaurant by the department.

(g) The department of health shall adopt rules in accordance with chapter 91 to effectuate the purposes of this section.

(h) For the purposes of this section, "food-borne illness" means a disease, usually infectious or toxic in nature, resulting from the consumption of contaminated food arising usually from improper food handling, preparation, or storage, or from poor hygiene practices."

SECTION 3. The department of health shall adopt administrative rules pursuant to chapter 91, Hawaii Revised Statutes, to implement this Act within six months of the effective date of this Act.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $30,000 or so much thereof as may be necessary for fiscal year 2008-2009 for the department of health to establish a cleanliness statewide grading system of restaurants.

SECTION 5. The sum appropriated shall be expended by the department of health for the purposes of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2008.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2626
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII