STAND. COM. REP. NO. 212-20

Honolulu, Hawaii

, 2020

RE: H.B. No. 2706

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Health, to which was referred H.B. No. 2706 entitled:

"A BILL FOR AN ACT RELATING TO THE DONATION OF FOOD,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Require the Department of Health to promote food donation during normal, routine inspections of food establishments;

(2) Expand liability protections for the donation of food; and

(3) Authorize the donation of food directly to the needy under certain circumstances.

Your Committee received testimony in support of this measure from the Hawaii Restaurant Association, Aloha Harvest, Hawaii Food Industry Association, and several individuals. Your Committee received testimony in opposition to this measure from the Hawaii Association for Justice. Your Committee received comments on this measure from the Department of Health.

Your Committee finds that food donors need education in how to exercise the already existing protections in statute for food donations, as well as information on how to donate in a reasonable and safe manner. This measure discourages food waste and encourages food donation.

Your Committee has amended this measure by:

(1) Changing the effective date to July 1, 2050, to encourage further discussion; and

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

Should your Committee on Judiciary deliberate on this measure, your Committee respectfully requests that it encourage the Department of Health and Department of the Attorney General to collaborate on the potential issues regarding the liability exception in this measure.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2706, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2706, H.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Health,

____________________________

JOHN M. MIZUNO, Chair