HB2723.DOC

SECTION 1. According to the Food Allergy and Anaphylaxis Network, more than twelve million Americans have food allergies, of which three million are children. Food-related anaphylaxis is estimated to be responsible for approximately one hundred and fifty deaths and over fifty thousand emergency room admissions each year. Even the slightest trace of an allergen can cause a reaction. With the increase in food allergies and associated anaphylaxis, it has become even more important to ensure that the proper safeguards and training are put into place.

In February 2009, Massachusetts Governor Deval Patrick signed into law landmark legislation that calls for simple, inexpensive measures that all restaurants can take to make dining safe for those with food allergies.

The purpose of this Act is to develop a "food-friendly" environment for Hawaii diners by following Massachusetts' example and establishing guidelines and safeguards to make restaurants safer for those with food allergies by expanding the food safety consultative and education program under the department of health.

SECTION 2. Section 321-401, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-401[]] Findings and purpose. The purpose of this part is to establish a non-enforcement program within the department of health to provide voluntary food safety surveillance and control, and educational activities to assist the food service industry and foodhandlers. The legislature finds that education is necessary for attaining voluntary compliance in food safety[.], including increased awareness and safeguards relating to food allergies and associated anaphylaxis. Informed food managers and foodhandlers are essential for the control of foodborne pathogens in foods served to the public.

Restaurants, catering services, delicatessens, markets, and other food purveyors employ foodhandlers who need continuing education and training in food safety. Foodhandlers work with fresh, uncooked, or prepared foods which may contain foodborne disease microorganisms that can cause severe sickness to large numbers of people at the same time. It is the intent of the legislature to take preventive measures through educational programs and analytical studies of contamination outbreaks[.], and to make restaurants safer for those who suffer from food allergies and associated anaphylaxis."

SECTION 3. Section 321-402, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-402[]] Food safety consultative and education program. (a) There is established the food safety consultative and education program within the department of health. The department may place this program within any appropriate division.

(b) The program shall be managed and staffed by persons who are trained and experienced in public health aspects of food, including food science, foodborne disease epidemiology, food microbiology, and food sanitation.

(c) Generic food safety information gained from studies conducted as part of the program may be shared with foodhandlers in certification workshops and food safety classes.

(d) Every restaurant, catering service, delicatessen, market, or other food purveyor that employs foodhandlers shall:

(1) Prominently display a food allergy awareness poster in the staff area. The poster shall include information regarding the risk of an allergic reaction and shall be developed by the department in consultation with the department of human nutrition, food, and animal sciences at the University of Hawaii, the Hawaii Restaurant Association, and the Food Allergy and Anaphylactic Network; and

(2) Include on their menus, or on a menu insert, language notifying customers of the customers' obligation to inform their server about any food allergies. The department shall develop and approve the language of the notice in consultation with the Hawaii Restaurant Association and the Food Allergy and Anaphylactic Network.

(e) The department, in partnership with the Hawaii Restaurant Association, and in consultation with the Food and Allergy Anaphylactic Network, shall develop a program for restaurants to be designated as food allergy friendly and shall maintain a listing of restaurants receiving the designation on its website. Participation in the program shall be voluntary and the department, in consultation with the Hawaii Restaurant Association, the Food Allergy and Anaphylactic Network, and the department of human nutrition, food, and animal sciences at the University of Hawaii, shall issue guidelines and requirements for restaurants to receive the designation; provided that the requirement include maintaining on the premises, and making available to the public, a master list of all ingredients used in the preparation of each food item available for consumption."

SECTION 4. Section 321-403, Hawaii Revised Statutes, is amended to read as follows:

"[[]§321-403[]] Food safety control system. (a) The department may conduct studies using the hazard analysis critical control points system after foodborne disease outbreak investigations are completed by the department or when requested by food service operators.

(b) The department shall also require that any certified food protection manager examination offered by an accredited program and recognized by the department include questions concerning food allergies as they relate to food preparation."

SECTION 5. The department shall adopt rules in accordance with chapter 91 for the purposes of this Act.

SECTION 6. The department of health, in conjunction with the department of human nutrition, food, and animal sciences at the University of Hawaii, the Hawaii Restaurant Association, and the Food Allergy and Anaphylactic Network shall submit an annual report to the legislature at least twenty days prior to the convening of each regular session. The report shall include:

(1) Information about compliance with this Act by restaurants, catering services, delicatessens, markets, or other food purveyors that employ foodhandlers;

(2) Food allergy awareness and safety impacts following the implementation of this Act; and

(3) Any proposed changes to this Act that are consistent with the public health and welfare.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2010.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2723
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII