SB2456.DOC

SECTION 1. Chapter 145, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART . Farmers Market Vendors

§145-A Definitions. As used in this part, unless otherwise required by the context:

"Direct-marketing" means the selling of products of the farm or garden that is occupied or cultivated by the farmer and sold directly to the consumer.

"Farmers market" means a scheduled operational site where fresh foods are sold by the individuals who have grown, gathered, raised, or caught the fresh food being sold.

"Farmers market vendor" means a farmer selling products of the farm or garden occupied or cultivated by that farmer directly to the consumer from a market operating around the year from a farmers market.

"Non-potentially hazardous value added products" means:

(1) Jams, jellies, and preserves;

(2) Sweet sorghum syrup;

(3) Honey;

(4) Fruit butter;

(5) Fruit pies;

(6) Baked goods that are not subject to spoilage;

(7) Coffee and tea; and

(8) Dried herbs.

"Potentially hazardous value added products" means:

(1) Meat, poultry, and eggs;

(2) Fish and shellfish;

(3) Cooked vegetables;

(4) Dairy products;

(5) Mushrooms;

(6) Cut melons;

(7) Unmodified cut tomatoes or mixtures of cut tomatoes;

(8) Untreated garlic-in-oil mixtures;

(9) Baked goods subject to spoilage (such as cream-filled pastries or others that must be refrigerated);

(10) Reduced sugar jams and jellies;

(11) Pickles and salsas; and

(12) Raw seed sprouts.

§145-B General provisions. (a) All farmers market operational sites shall be approved by the department.

(b) Farmers may direct-market whole, uncut fresh fruits and vegetables without a permit or inspection from the department of health.

§145-C Non-potentially hazardous value-added products; labeling requirements. (a) Farmers who are using their own agricultural product to produce non-potentially hazardous value-added product in their home kitchen (the kitchen of the person's primary domestic residence) are exempt from a department of health permit and inspection.

(b) Under this requirement, non-potentially hazardous value-added foods that do not require time or temperature control for safety can be produced in a home kitchen for direct sale to customers at a regularly scheduled farmers market; provided that in addition to labeling requirements for all value-added agricultural products, products produced in home kitchens shall include a label with clear and conspicuous print stating that:

"This product is homemade and not subject to state inspection."

§145-D Potentially hazardous value-added products; labeling requirement. (a) Farmers market vendors who direct-market potentially hazardous value-added products shall comply with the administrative rules of the department of health and the requirements of this section. Farmers market vendors, whose product has been approved for sale within a regularly scheduled farmers market, shall be provided with a department of health permit valid for a period of one year.

(b) The sale, offering for sale, or distribution of any potentially hazardous product by a farmers market vendor that is intended for human consumption within the State is prohibited unless the finished product containers produced by the farmers market vendor are clean and sanitary and labeled in clear and conspicuous language to show:

(1) The name and address of the processor;

(2) The common or usual name of the food;

(3) The common or usual name of each ingredient in their order of predominance, provided that the food is fabricated from two or more ingredients, except that spices, flavorings, and colorings may be designated as spices, flavorings, and colorings without naming each, and spices and flavorings may be designated together as flavorings; and

(4) The net weight, standard measure, or numerical count."

SECTION 2. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2456
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII