THE SENATE	S.C.R. NO.	50
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

requesting the auditor to assess the probable effects of licensing ANd regulating cottage food.

     WHEREAS, the sales of locally produced foods comprise a growing part of agricultural sales in the United States; and

     WHEREAS, the number of small farms in Hawaii has grown substantially during the last ten years, reflecting a changing agricultural model from plantations to smaller farms with diverse cropping and marketing systems that create new sources for agricultural products, including food and value-added products using Hawaii-grown agriculture; and

     WHEREAS, a cottage food operation is an enterprise that is operated by a cottage food operator, has no more than one full-time equivalent cottage food employee within the registered or permitted area of a private home, and produces cottage food products only in the home kitchen of the cottage food operator's private home for sale to consumers; and

     WHEREAS, there is a need for scale-appropriate laws that balance food safety while maintaining opportunities for small-scale food entrepreneurs to enter the market; and

     WHEREAS, cottage food production can serve as a business incubator by reducing some of the start-up barriers for entrepreneurs and providing an indirect economic benefit of growing more local businesses; and

     WHEREAS, regulating cottage food would support Hawaii's local farmers and ranchers, while encouraging the consumption of locally grown foods; and

     WHEREAS, S.B. No. 2561, S.D. 1 (Regular Session of 2014), mandates licensing and regulatory controls for cottage food by requiring permits for the cottage food industry in Hawaii; establishing requirements for cottage food operators, cottage food operations, and cottage food products; and permitting Class A cottage food operations to engage in direct sales of cottage food products and permitting Class B cottage food operations to engage in direct and indirect sales of cottage food products; and

     WHEREAS, the Legislature believes that the licensing and regulation of cottage food, as provided in S.B. No. 2561, S.D. 1 (Regular Session of 2014), will substantially improve public health and food safety; and

     WHEREAS, section 26H-6, Hawaii Revised Statues, requires new regulatory measures that would subject unregulated professions and vocations to licensing or other regulatory controls to be referred by concurrent resolution to the Auditor for analysis; now, therefore,

     BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2014, the House of Representatives concurring, that the Auditor is requested to conduct an analysis pursuant to section 26H-6, Hawaii Revised Statutes, of the probable effects of licensing and regulating cottage food as proposed by S.B. No. 2561, S.D. 1 (Regular Session of 2014); and

     BE IT FURTHER RESOLVED that the Auditor is requested to submit findings and recommendations, including any necessary implementing legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2015; and

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor, Director of Health, Director of the Department of Planning and Permitting of the City and County of Honolulu, Director of the Department of Planning of the County of Maui, Director of the Department of Planning of the County of Kauai, and Director of the Planning Department of the County of Hawaii.

OFFERED BY:

_____________________________

Report Title: 

Cottage Food; Cottage Food Operations; Permits; Registration