STAND. COM. REP. NO. 1713

Honolulu, Hawaii

RE: S.R. No. 82

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.R. No. 82 entitled:

"SENATE RESOLUTION URGING THE DEPARTMENT OF HEALTH TO WORK WITH THE HAWAII RESTAURANT ASSOCIATION TO ESTABLISH INDUSTRY STANDARDS TO ADDRESS CERTAIN UNSANITARY FOOD HANDLING CONDITIONS IN FOOD ESTABLISHMENTS AND ADOPT RULES,"

begs leave to report as follows:

The purpose and intent of this measure is to urge the Department of Health to work with the Hawaii Restaurant Association to establish industry standards to address certain unsanitary food handling conditions in food establishments and adopt rules.

Your Committee received testimony in support of this measure from the Hawai‘i Restaurant Association.

Your Committee finds that improper handling of food at eateries and other food service establishments gives rise to public health concerns. Of particular concern is contamination from employees who serve food and may also perform tasks such as cleaning tables or facilities, or handling financial transactions. This is of particular concern in small establishments like food trucks where employees perform multiple roles. Your Committee further finds the Department of Health adopted the 2013 Food and Drug Administration Model Food Code in September 2017, making Hawaii one of the nation's food safety leaders as most other states' regulations are still based on the 2005 or 2009 version of the model code. Your Committee notes that because the adoption of the 2013 Model Food Code is so recent, perhaps not all establishments are aware of the heightened requirements.

Your Committee has amended this measure by:

(1) Updating the findings to acknowledge that the Department of Health updated the Food Safety Code in 2017;

(2) Removing language urging the Department of Health and Hawaii Restaurant Association to develop rules or industry standards for food safety;

(3) Urging the Department of Health and Hawaii Restaurant Association to work together to inform Hawaii's food establishments of recently updated Department of Health food safety rules and industry standards;

(4) Urging the Department of Health and Hawaii Restaurant Association to submit a report on their findings and recommendations, including any proposed legislation, to the Legislature prior to the 2020 session;

(5) Updating the title to reflect its amended purpose; and

(6) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee concurs with the intent and purpose of S.R. No. 82, as amended herein, and recommends its adoption in the form attached hereto as S.R. No. 82, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,

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ROSALYN H. BAKER, Chair