SB833.DOC

SECTION 1. The legislature finds that in rural and isolated areas, specifically along the Hana Highway on Maui, residents sell fruit, food, and beverages to visitors and other residents. Food items can include simple items such as a plate lunch with a main dish, often smoked or grilled, rice, and macaroni salad, or more elaborate dishes such as barbecue ribs or chicken, chicken curry, summer rolls, and pad Thai. One stand offers fruit smoothies, mixed in blenders powered by bicycle. Other stands offer fresh coconuts. Customers purchase food or beverages at stands along the roadside or eat at outdoor tables under canopies or tents. These stands provide both visitors and residents alike with ample opportunities for local cuisine or fruit in an area otherwise empty of traditional restaurants. Moreover, these roadside stands have become tourist attractions by themselves.

Vendors often prepare the food items in their private kitchens or on grills in their yards. Under the current department of health administrative rules, however, preparation of food in private kitchens for sale to consumers is not authorized, because the private kitchens do not meet all the requirements of a "food establishment". The legislature finds that these requirements, particularly relating to facilities and equipment, are extensive because they are intended to apply to traditional restaurants.

While the legislature acknowledges that the department of health's rules regarding food establishments are intended to protect the public health and safety, the role that these rural area private kitchens and roadside stands play in the local economy and for the residents of and visitors to these isolated areas must be taken into account. Because remote areas have limited opportunities for employment, these types of food sales provide residents with economic prospects that would be otherwise unavailable. Moreover, for both residents and visitors alike, traditional restaurants can be many miles away, severely limiting the available choices for restaurants or prepared food. Further, food security in these rural areas, including the encouragement and advancement of local agriculture, can be increased by promoting local production and preparation of food for sale to residents and vacationers.

The purpose of this Act is to authorize the preparation of food in private kitchens for sale to customers in remote locations, while making the preparation and sales subject to sanitation standards to balance the public's need for safe and healthy food sources.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . certified home kitchens

§321-A Purpose. The purpose of this part is to authorize the sale of food prepared in private kitchens from roadside stands in remote or rural areas for the following reasons:

(1) To promote economic stability in rural areas that have few opportunities for employment or economic prospects for its residents;

(2) To appropriately address the fact that there are few commercial businesses that qualify under department of health rules as "food establishments" in isolated areas, thereby limiting restaurant resources for residents and vacationers; and

(3) To increase food security in rural areas by promoting local production and preparation of food for sale to residents and vacationers.

By authorizing preparation of food in private kitchens for sale at roadside stands in rural or remote areas, these goals can be balanced with the need to protect the public health and safety.

§321-B Definitions. For the purposes of this part:

"Aw" means water activity which is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol Aw.

"Certified home kitchen" means a private kitchen that is approved by the department under this part and is used or operated for the purpose of storing, preparing, serving, manufacturing, packaging, transporting, or otherwise handling food at the retail or wholesale level.

"Department" means the department of health.

"Director" means the director of health.

"Egg" means the shell egg of avian species such as chicken, duck, goose, quail, emu, ostrich, rhea, or turkey.

"FDA" means the United States Food and Drug Administration.

"Food" means any raw, cooked, or processed edible substance, ice, beverage, water, or other ingredient used or intended for use or for sale in whole or in part for human consumption.

"Home kitchen" means a private kitchen that is used or operated for the purpose of storing, preparing, serving, manufacturing, packaging, transporting, or otherwise handling food at the retail or wholesale level.

"Licensed area" means the area of the private home or yard area in which food preparation will occur.

"Person" means an individual, or a firm, partnership, company, corporation, trustee, association, or any public or private entity.

"pH" means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution.

"Potentially hazardous food" means a food that requires time/temperature control for safety to limit pathogenic microorganism growth or toxic formation. For purposes of this definition, a potentially hazardous food includes an animal food that is raw or heat-treated; a plant food that is heat-treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation, or garlic-in-oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation; and except as specifically excluded in this definition, a food that, because of the interaction of its Aw and pH values is designated as "Product Assessment Required" by the FDA.

For purposes of this definition, a potentially hazardous food does not include the following:

(1) An air-cooled, hard-boiled egg with shell intact, or an egg with shell intact that is not hard-boiled, but has been pasteurized to destroy all viable salmonellae;

(2) A food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution;

(3) A food with an Aw value of 0.85 or less;

(4) A food with a pH level of 4.6 or below when measured at 24° Celsius (75° Fahrenheit); and

(5) A food for which a variance granted by the department is based upon laboratory evidence demonstrating that rapid and progressive growth of infectious and toxigenic microorganisms or the slower growth of C. botulinum cannot occur.

"Private kitchen" means a kitchen in a private home.

"Rural area" means an area that is:

(1) Not within a fifteen-mile radius of a town or population center with a population of 5,000 residents or more; and

(2) Not located on an island with a population of more than 200,000.

§321-C Permit. (a) No person shall operate a home kitchen within the State without a permit issued by the director.

(b) Upon application to the director, the director shall issue a permit to the person applying to operate a home kitchen, provided that the following criteria are met:

(1) The home kitchen is located in a rural area;

(2) A certified home kitchen is a permitted use in the applicable state land use district;

(3) The applicant conforms to the minimum standards for a certified home kitchen in section 321-E;

(4) The applicant submits to the director a complete menu of the foods that the certified home kitchen will be serving or any changes in the menu, to enable the director to determine whether the applicant will serve potentially hazardous foods;

(5) The applicant submits a plan and the additional information required under section 321-D; and

(6) The applicant submits sufficient information to enable the director to assure that the applicant meets all requirements of this part and any rules adopted pursuant to this part for a certified home kitchen.

(1) Each person holding a permit shall apply for renewal of the permit by submitting the form provided by the director before the date of expiration of the permit; and

(2) Failure, neglect, or refusal of any permittee to renew the permit without cause may result in the nonrenewal of the permit.

(d) Upon issuance of the permit, the permittee may sell food prepared in the certified home kitchen in the adjacent outside service area.

§321-D Plan submittal; designation of licensed area and private living quarters. (a) As part of the application for a certified home kitchen, the applicant shall submit a plan or drawing designating the boundaries of the licensed area, the portion of the private residence constituting private living quarters, and any outside service areas, including areas where customers will park to access the outside service area. Additionally, the plan or drawing shall label the outside access to be used for the licensed premises. If the outside access to the licensed area is connected to the private living quarters and would require a department inspector to go through the private living quarters to gain access to the licensed premises for purposes of inspection, then the plan or drawing shall designate the pathway through the private living quarters.

(b) Upon issuance of a permit designating private living quarters, the private living quarters of the permittee shall be deemed separate from the licensed premises. For purposes of enforcement of this part or for any other searches by law enforcement officials, law enforcement officials and department inspectors shall obtain a search warrant before they can search the area designated as private living quarters; provided, however, that access through any pathways designated within the private living quarters described in subsection (a) shall not require a search warrant when used by department inspectors to access the licensed area for inspection purposes. When the department issues the certified home kitchen permit, the department shall also provide to the permittee a brochure or flier describing the permittee's rights and duties regarding inspections, including information describing the constitutional search and seizure doctrine of plain view as it relates to the permittee's private living quarters.

(c) Permittees may not store any business inventory, supplies, or equipment for the certified home kitchen within the area designated as private living quarters. All books and records with regard to the certified home kitchen business shall remain in the area designated as the licensed premises and not in the private living quarters.

(d) A copy of the plan or drawing shall be appended to the permit, and the words "living quarters" shall be printed at the bottom of the certified home kitchen permit.

(e) Outside service areas shall be adjacent to the licensed premises and shall be considered as an extension of the licensed premises. In the permit application, the applicant shall state how the applicant plans to minimize noise from the food sales activity and parking so it will not disturb neighbors.

§321-E Minimum standards. (a) The department may adopt rules governing sanitary requirements for certified home kitchens relating to the following:

(1) Receipt of wholesome food and water from an approved source;

(2) Temperature control, including cooling and refrigeration, proper hot holding of potentially hazardous foods, and adequate cooking and reheating of potentially hazardous foods;

(3) Protection of foods from contamination and cross-contamination;

(4) Sanitization of equipment and utensils; and

(5) Sanitary facilities.

(b) Department rules for other food establishments primarily related to aesthetics or that are applicable to commercial kitchens, such as employee clothing, employee practices, construction and maintenance of physical facilities, and garbage and rubbish disposal shall not be applicable to certified home kitchens. The department, however, may adopt rules specifically addressing certified home kitchens; provided that the rules shall not impose equipment or facility requirements on a certified home kitchen that are unreasonable or onerous to the permittee in terms of compliance.

§321-F Enforcement. (a) The department may conduct one or more preoperational inspections to verify that that the home kitchen meets the minimum standards set forth in section 321-E and the plans submitted with the permit application and is in compliance with this part and any rules adopted pursuant to this part.

(b) After the issuance of the permit, the department may inspect the certified home kitchen at least once every year.

(c) After the department inspector presents official credentials and provides notice of the purpose of, and an intent to conduct, an inspection, the permittee or person in charge shall allow the department inspector to determine if the certified home kitchen is in compliance with this part and any rules adopted pursuant to this part by allowing access to the certified home kitchen, allowing inspection, and providing information and records specified by rule, if any, and to which the department inspector is entitled by law, during the certified home kitchen's hours of operation and other reasonable times. Notwithstanding the foregoing, if the permittee has designated an area as "private living quarters", then the department inspector may not inspect such area without a duly authorized warrant."

SECTION 3. Section 205-2, Hawaii Revised Statutes, is amended by amending subsections (c), (d), and (e) to read as follows:

"(c) Rural districts shall include activities or uses as characterized by low density residential lots of not more than one dwelling house per one-half acre, except as provided by county ordinance pursuant to section 46-4(c), in areas where "city-like" concentration of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots except that within a subdivision, as defined in section 484-1, the commission for good cause may allow one lot of less than one-half acre, but not less than 18,500 square feet, or an equivalent residential density, within a rural subdivision and permit the construction of one dwelling on such lot, provided that all other dwellings in the subdivision shall have a minimum lot size of one-half acre or 21,780 square feet. Such petition for variance may be processed under the special permit procedure. These districts may include contiguous areas which are not suited to low density residential lots or small farms by reason of topography, soils, and other related characteristics. Rural districts shall also include golf courses, golf driving ranges, and golf-related facilities. Certified home kitchens and roadside stands selling the foods prepared in certified home kitchens, as authorized by part of chapter 321, shall also be permitted uses within rural districts.

(d) Agricultural districts shall include:

(1) Activities or uses as characterized by the cultivation of crops, crops for bioenergy, orchards, forage, and forestry;

(2) Farming activities or uses related to animal husbandry and game and fish propagation;

(3) Aquaculture, which means the production of aquatic plant and animal life within ponds and other bodies of water;

(4) Wind generated energy production for public, private, and commercial use;

(5) Biofuel production, as described in section 205‑4.5(a)(15), for public, private, and commercial use;

(6) Solar energy facilities; provided that this paragraph shall apply only to land with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class D or E;

(7) Bona fide agricultural services and uses that support the agricultural activities of the fee or leasehold owner of the property and accessory to any of the above activities, regardless of whether conducted on the same premises as the agricultural activities to which they are accessory, including farm dwellings as defined in section 205-4.5(a)(4), employee housing, farm buildings, mills, storage facilities, processing facilities, agricultural-energy facilities as defined in section 205-4.5(a)(16), vehicle and equipment storage areas, roadside stands for the sale of products grown on the premises, and plantation community subdivisions as defined in section 205‑4.5(a)(12);

(8) Wind machines and wind farms;

(9) Small-scale meteorological, air quality, noise, and other scientific and environmental data collection and monitoring facilities occupying less than one-half acre of land; provided that these facilities shall not be used as or equipped for use as living quarters or dwellings;

(10) Agricultural parks;

(11) Agricultural tourism conducted on a working farm, or a farming operation as defined in section 165-2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under section 205-5; [~~and~~]

(12) Certified home kitchens and roadside stands selling the foods prepared in certified home kitchens, as authorized by part of chapter 321; and

[~~(12)~~] (13) Open area recreational facilities.

Agricultural districts shall not include golf courses and golf driving ranges, except as provided in section 205-4.5(d). Agricultural districts include areas that are not used for, or that are not suited to, agricultural and ancillary activities by reason of topography, soils, and other related characteristics.

(e) Conservation districts shall include areas necessary for protecting watersheds and water sources; preserving scenic and historic areas; providing park lands, wilderness, and beach reserves; conserving indigenous or endemic plants, fish, and wildlife, including those which are threatened or endangered; preventing floods and soil erosion; forestry; open space areas whose existing openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding communities, or would maintain or enhance the conservation of natural or scenic resources; areas of value for recreational purposes; certified home kitchens and roadside stands selling the foods prepared in certified home kitchens, as authorized by part of chapter 321; other related activities; and other permitted uses not detrimental to a multiple use conservation concept."

SECTION 4. Section 205-4.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Within the agricultural district, all lands with soil classified by the land study bureau's detailed land classification as overall (master) productivity rating class A or B shall be restricted to the following permitted uses:

(1) Cultivation of crops, including crops for bioenergy, flowers, vegetables, foliage, fruits, forage, and timber;

(2) Game and fish propagation;

(3) Raising of livestock, including poultry, bees, fish, or other animal or aquatic life that are propagated for economic or personal use;

(4) Farm dwellings, employee housing, farm buildings, or activities or uses related to farming and animal husbandry. "Farm dwelling", as used in this paragraph, means a single-family dwelling located on and used in connection with a farm, including clusters of single-family farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling;

(5) Public institutions and buildings that are necessary for agricultural practices;

(6) Public and private open area types of recreational uses, including day camps, picnic grounds, parks, and riding stables, but not including dragstrips, airports, drive-in theaters, golf courses, golf driving ranges, country clubs, and overnight camps;

(7) Public, private, and quasi-public utility lines and roadways, transformer stations, communications equipment buildings, solid waste transfer stations, major water storage tanks, and appurtenant small buildings such as booster pumping stations, but not including offices or yards for equipment, material, vehicle storage, repair or maintenance, treatment plants, corporation yards, or other similar structures;

(8) Retention, restoration, rehabilitation, or improvement of buildings or sites of historic or scenic interest;

(9) Roadside stands for the sale of agricultural products grown on the premises[;] or for the sale of food prepared in a certified home kitchen, as authorized by part of chapter 321. For the purposes of this paragraph, "food" means any raw, cooked, or processed edible substance, ice, beverage, water, or other ingredient used or intended for use or for sale in whole or in part for human consumption;

(10) Certified home kitchens, as described in part of chapter 321;

[~~(10)~~] (11) Buildings and uses, including mills, storage, and processing facilities, maintenance facilities, and vehicle and equipment storage areas that are normally considered directly accessory to the above-mentioned uses and are permitted under section 205-2(d);

[~~(11)~~] (12) Agricultural parks;

[~~(12)~~] (13) Plantation community subdivisions, which as used in this chapter means an established subdivision or cluster of employee housing, community buildings, and agricultural support buildings on land currently or formerly owned, leased, or operated by a sugar or pineapple plantation; provided that the existing structures may be used or rehabilitated for use, and new employee housing and agricultural support buildings may be allowed on land within the subdivision as follows:

(A) The employee housing is occupied by employees or former employees of the plantation who have a property interest in the land;

(B) The employee housing units not owned by their occupants shall be rented or leased at affordable rates for agricultural workers; or

(C) The agricultural support buildings shall be rented or leased to agricultural business operators or agricultural support services;

[~~(13)~~] (14) Agricultural tourism conducted on a working farm, or a farming operation as defined in section 165-2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and does not interfere with surrounding farm operations; and provided further that this paragraph shall apply only to a county that has adopted ordinances regulating agricultural tourism under section 205-5;

[~~(14)~~] (15) Wind energy facilities, including the appurtenances associated with the production and transmission of wind generated energy; provided that the wind energy facilities and appurtenances are compatible with agriculture uses and cause minimal adverse impact on agricultural land;

[~~(15)~~] (16) Biofuel processing facilities, including the appurtenances associated with the production and refining of biofuels that is normally considered directly accessory and secondary to the growing of the energy feedstock; provided that biofuels processing facilities and appurtenances do not adversely impact agricultural land and other agricultural uses in the vicinity.

For the purposes of this paragraph:

"Appurtenances" means operational infrastructure of the appropriate type and scale for economic commercial storage and distribution, and other similar handling of feedstock, fuels, and other products of biofuels processing facilities.

"Biofuel processing facility" means a facility that produces liquid or gaseous fuels from organic sources such as biomass crops, agricultural residues, and oil crops, including palm, canola, soybean, and waste cooking oils; grease; food wastes; and animal residues and wastes that can be used to generate energy;

[~~(16)~~] (17) Agricultural-energy facilities, including appurtenances necessary for an agricultural-energy enterprise; provided that the primary activity of the agricultural-energy enterprise is agricultural activity. To be considered the primary activity of an agricultural-energy enterprise, the total acreage devoted to agricultural activity shall be not less than ninety per cent of the total acreage of the agricultural-energy enterprise. The agricultural-energy facility shall be limited to lands owned, leased, licensed, or operated by the entity conducting the agricultural activity.

As used in this paragraph:

"Agricultural activity" means any activity described in paragraphs (1) to (3) of this subsection.

"Agricultural-energy enterprise" means an enterprise that integrally incorporates an agricultural activity with an agricultural-energy facility.

"Agricultural-energy facility" means a facility that generates, stores, or distributes renewable energy as defined in section 269-91 or renewable fuel including electrical or thermal energy or liquid or gaseous fuels from products of agricultural activities from agricultural lands located in the State.

"Appurtenances" means operational infrastructure of the appropriate type and scale for the economic commercial generation, storage, distribution, and other similar handling of energy, including equipment, feedstock, fuels, and other products of agricultural-energy facilities;

[~~(17)~~] (18) Construction and operation of wireless communication antennas; provided that, for the purposes of this paragraph, "wireless communication antenna" means communications equipment that is either freestanding or placed upon or attached to an already existing structure and that transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services; provided further that nothing in this paragraph shall be construed to permit the construction of any new structure that is not deemed a permitted use under this subsection; or

[~~(18)~~] (19) Agricultural education programs conducted on a farming operation as defined in section 165-2, for the education and participation of the general public; provided that the agricultural education programs are accessory and secondary to the principal agricultural use of the parcels or lots on which the agricultural education programs are to occur and do not interfere with surrounding farm operations. For the purposes of this section, "agricultural education programs" means activities or events designed to promote knowledge and understanding of agricultural activities and practices conducted on a farming operation as defined in section 165-2."

SECTION 5. Section 321-11, Hawaii Revised Statutes, is amended to read as follows:

"§321-11 Subjects of health rules, generally. The department of health pursuant to chapter 91 may adopt rules that it deems necessary for the public health and safety respecting:

(1) Nuisances, foul or noxious odors, gases, vapors, waters in which mosquitoes breed or may breed, sources of filth, and causes of sickness or disease, within the respective districts of the State, and on board any vessel;

(2) Adulteration and misbranding of food or drugs;

(3) Location, air space, ventilation, sanitation, drainage, sewage disposal, and other health conditions of buildings, courts, construction projects, excavations, pools, watercourses, areas, and alleys;

(4) Privy vaults and cesspools;

(5) Fish and fishing;

(6) Interments and dead bodies;

(7) Disinterments of dead human bodies, including the exposing, disturbing, or removing of these bodies from their place of burial, or the opening, removing, or disturbing after due interment of any receptacle, coffin, or container holding human remains or a dead human body or a part thereof and the issuance and terms of permits for the aforesaid disinterments of dead human bodies;

(8) Cemeteries and burying grounds;

(9) Laundries, and the laundering, sanitation, and sterilization of articles including linen and uniforms used by or in the following businesses and professions: barber shops, manicure shops, beauty parlors, electrology shops, restaurants, soda fountains, hotels, rooming and boarding houses, bakeries, butcher shops, public bathhouses, midwives, masseurs, and others in similar calling, public or private hospitals, and canneries and bottling works where foods or beverages are canned or bottled for public consumption or sale; provided that nothing in this chapter shall be construed as authorizing the prohibiting of laundering, sanitation, and sterilization by those conducting any of these businesses or professions where the laundering or sterilization is done in an efficient and sanitary manner;

(10) Hospitals, freestanding surgical outpatient facilities, skilled nursing facilities, intermediate care facilities, adult residential care homes, adult foster homes, assisted living facilities, special treatment facilities and programs, home health agencies, home care agencies, hospices, freestanding birthing facilities, adult day health centers, independent group residences, and therapeutic living programs, but excluding youth shelter facilities unless clinical treatment of mental, emotional, or physical disease or handicap is a part of the routine program or constitutes the main purpose of the facility, as defined in section 346-16 under "child [[]caring[]] institution". For the purpose of this paragraph, "adult foster home" has the same meaning as provided in section 321-11.2;

(11) Hotels, rooming houses, lodging houses, apartment houses, tenements, and residences for persons with developmental disabilities including those built under federal funding;

(12) Laboratories;

(13) Any place or building where noisome or noxious trades or manufacturing is carried on, or intended to be carried on;

(14) Milk;

(15) Poisons and hazardous substances, the latter term including any substance or mixture of substances that:

(A) Is corrosive;

(B) Is an irritant;

(D) Is inflammable; or

(E) Generates pressure through decomposition, heat, or other means,

if the substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children;

(16) Pig and duck ranches;

(17) Places of business, industry, employment, and commerce, and the processes, materials, tools, machinery, and methods of work done therein; and places of public gathering, recreation, or entertainment;

(18) Any restaurant, theater, market, stand, shop, store, factory, building, wagon, vehicle, certified home kitchen and accessory roadside stand, or place where any food, drug, or cosmetic is manufactured, compounded, processed, extracted, prepared, stored, distributed, sold, offered for sale, or offered for human consumption or use;

(19) Foods, drugs, and cosmetics, and the manufacture, compounding, processing, extracting, preparing, storing, selling, and offering for sale, consumption, or use of any food, drug, or cosmetic;

(20) [[]Device[]] as defined in section 328-1;

(21) Sources of ionizing radiation;

(22) Medical examination, vaccination, revaccination, and immunization of school children. No child shall be subjected to medical examination, vaccination, revaccination, or immunization, whose parent or guardian objects in writing thereto on grounds that the requirements are not in accordance with the religious tenets of an established church of which the parent or guardian is a member or adherent, but no objection shall be recognized when, in the opinion of the department, there is danger of an epidemic from any communicable disease;

(23) Disinsectization of aircraft entering or within the State as may be necessary to prevent the introduction, transmission, or spread of disease or the introduction or spread of any insect or other vector of significance to health;

(24) Fumigation, including the process by which substances emit or liberate gases, fumes, or vapors that may be used for the destruction or control of insects, vermin, rodents, or other pests, which, in the opinion of the department, may be lethal, poisonous, noxious, or dangerous to human life;

(25) Ambulances and ambulance equipment;

(26) Development, review, approval, or disapproval of management plans submitted pursuant to the Asbestos Hazard Emergency Response Act of 1986, Public Law 99-519; and

(27) Development, review, approval, or disapproval of an accreditation program for specially trained persons pursuant to the Residential Lead-Based Paint Hazard Reduction Act of 1992, Public Law 102-550.

The department of health may require any certificates, permits, or licenses that it may deem necessary to adequately regulate the conditions or businesses referred to in this section."

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

SECTION 7. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 8. This Act shall take effect on July 1, 2011.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	833
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII