HB2229 • 2026

RELATING TO MICROENTERPRISE HOME KITCHENS.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: POEPOE, AMATO, BELATTI, CHUN, COCHRAN, EVSLIN, GRANDINETTI, HUSSEY, ILAGAN, IWAMOTO, KAHALOA, KILA, LOWEN, MIYAKE, MORIKAWA, OLDS, PERRUSO, TAKENOUCHI, TAM, TARNAS, Matayoshi
Last action: 2026-02-18
Official status: Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and none excused (0).
Effective date: Not listed

Plain English Breakdown

The bill's effective date is set for July 1, 3000, which seems unusual and may be a placeholder or error in the draft.

Rules for Small Home Kitchens Selling Food

This bill allows small home kitchens to sell food directly to customers without needing permits or regular inspections, as long as they follow basic safety rules and tell buyers that the kitchen is not inspected by health officials.

What This Bill Does

Allows people who run microenterprise home kitchens to prepare and sell food directly to consumers without getting a permit or having routine inspections.
Requires these home kitchens to provide clear information to customers about where the food was made, including a statement saying it's from an unregulated kitchen.
Limits what kinds of food can be sold and bans selling alcohol, drugs, or cannabis in these kitchens.
Gives the Department of Health the power to investigate complaints or outbreaks involving these home kitchens.

Who It Names or Affects

People who run microenterprise home kitchens
Consumers buying food from these kitchens

Terms To Know

Microenterprise Home Kitchen: A small kitchen in a private home used to prepare and sell ready-to-eat food directly to consumers.
Direct-to-Consumer Sales: Selling products or services directly from the producer to the end user without going through any intermediaries like stores.

Limits and Unknowns

The bill does not specify what happens if a home kitchen violates food safety rules.
It is unclear how this will affect existing commercial kitchens and their operations.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: This amendment allows small food businesses operating from home kitchens to sell directly to consumers without needing certain permits and inspections, as long as they follow specific rules and disclose that their kitchen is not inspected by the health department.

Microenterprise home kitchens can now operate legally for direct-to-consumer sales without obtaining a food establishment permit or undergoing pre-operation plan reviews and routine periodic inspections.
Operators of microenterprise home kitchens are exempt from requiring a food safety manager certification, a food handler card, submission of standard operating procedures, and compliance with commercial retail food establishment construction standards.
Microenterprise home kitchen operators must provide clear consumer disclosure that their kitchen is not inspected by the health department.

The amendment text was truncated and does not include all details about enforcement or penalties, so some specifics are unclear.

Bill History

2026-02-18 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and none excused (0).
2026-02-18 H
Reported from HLT (Stand. Com. Rep. No. 353-26) as amended in HD 1, recommending passage on Second Reading and referral to CPC.
2026-02-13 H
The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Takayama, Keohokapu-Lee Loy, Amato, Hartsfield, Marten, Olds, Takenouchi, Alcos, Garcia; Ayes with reservations: none; Noes: none; and Excused: none.
2026-02-10 H
Bill scheduled to be heard by HLT on Friday, 02-13-26 9:00AM in House conference room 329 VIA VIDEOCONFERENCE.
2026-01-30 H
Referred to HLT, CPC, referral sheet 5
2026-01-28 H
Introduced and Pass First Reading.
2026-01-26 H
Pending introduction.

Official Summary Text

RELATING TO MICROENTERPRISE HOME KITCHENS.
Microenterprise Home Kitchens; Home-Based Food Businesses; Direct-to-Consumer Sales; Consumer Disclosure; Food Safety
Authorizes microenterprise home kitchens to prepare and sell food directly to consumers without food establishment permits or routine inspections, subject to consumer disclosure and basic food safety requirements. Clarifies that microenterprise home kitchens are not food establishments or food processing establishments. Authorizes the Department of Health to conduct investigations on operators and microenterprise home kitchens in response to complaints, foodborne illness outbreaks, and imminent threats to public health. Effective 7/1/3000. (HD1)

Current Bill Text

Read the full stored bill text

HB2229

HOUSE OF REPRESENTATIVES

H.B. NO.

2229

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to microenterprise home kitchens
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION
1.
�
The legislature finds that Hawaii's
existing commercial kitchen, permitting, and regulatory requirements, while
designed to protect public health, can create significant barriers for small,
home-based food operators.
�
The high cost
of renting or constructing a commercial kitchen, combined with complex
permitting processes, often prevents residents with limited resources from
legally entering the food marketplace, despite having the skills and community
demand to support small-scale food production.

����
The
legislature further finds that jurisdictions across California have
successfully authorized microenterprise home kitchens and cottage food
operations by relying on clear consumer disclosures, limited regulatory
requirements, and risk
‑
appropriate food
‑
safety standards.
�
These models have expanded economic
opportunities, supported cultural and community
‑
based food traditions, and
enabled residents to supplement household income while maintaining strong
public
‑
health
protections.

����
The
legislature notes that federal laws governing food adulteration and misbranding
continue to apply to all food offered for sale in the United States and are not
affected by the creation of a state-level framework for microenterprise home
kitchens.
�
Compliance with federal
standards remains mandatory and provides an additional layer of consumer
protection.

����
The
legislature intends to reduce regulatory barriers for very small direct to
consumer food entrepreneurs while maintaining core public health protections
through existing adulterated and misbranded food laws and the department of
health's authority to respond to complaints, foodborne illness outbreaks, and
imminent threats to public health.

����
The
purpose of this Act is to authorize microenterprise home kitchens as a lawful,
small-scale, home-based food business model by eliminating pre-operation
permitting and routine inspections for qualifying operations of microenterprise
home kitchens and instead relying on clear consumer disclosure and targeted,
complaint based enforcement.

����
SECTION
2.
�
The Hawaii Revised Statutes is
amended by adding a new chapter to title 19 be appropriately designated and to
read as follows:

"
Chapter

microenterprise home kitchens

part i.
�

general provisions

����
� -1
�
Definitions.
�
As used in this chapter:

����
"Department"
means the department of health.

����
"Direct-to-consumer
sale" means a transaction between an operator and a consumer, whereby the
consumer purchases food directly from the operator and not from a third party.

����
"Food"
means:

����
(1)
�
A raw, cooked, or processed edible substance,
ice, nonalcoholic beverage, or ingredient used or intended for use or for sale,
in whole or in part, for human consumption; or

����
(2)
�
Chewing gum.

����
"Microenterprise
home kitchen" or "home kitchen":

����
(1)
�
Means a non-commercial kitchen facility
located in a private home where ready-to-eat food is handled, stored, prepared,
or offered for sale; and

����
(2)
�
Does not include a food establishment or food
processing establishment.

����
"Operator"
means a person who resides in a private home and manages or controls a
microenterprise home kitchen located in that private home.

part iI.
�

Operations of microenterprise home kitchens

����
� -11
�
Microenterprise home kitchens; direct-to-consumer
sales; operations.
�
(a)
�
An operator of a microenterprise home kitchen
is hereby authorized to engage in direct-to-consumer sales of food prepared in
the operator's home kitchen.

����
(b)
�
A microenterprise home kitchen operating in
compliance with this chapter shall not be considered a food establishment or
food processing establishment for purposes of chapter 321.

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(c)
�
The following shall not be required for the
operation of a home kitchen:

����
(1)
�
Food establishment permit as required by the
department;

����
(2)
�
Pre-operation plan review or routine periodic
inspection;

����
(3)
�
Food safety manager certification;

����
(4)
�
Food handler card;

����
(5)
�
Submission of standard operating procedures;
and

����
(6)
�
Compliance with commercial retail food
establishment construction and equipment standards as required by law.

����
(d)
�
No operator of a home kitchen shall sell food
at wholesale or for resale by another business.

����
(e)
�
An operator of a home kitchen shall:

����
(1)
�
Comply with all applicable state tax laws,
including chapter 237; and

����
(2)
�
Retain basic sales and production records
sufficient to demonstrate compliance with this chapter and assist the
department in investigating complaints or outbreaks pursuant to section
-21 and any rules adopted by the department.

����
� -12
�
Microenterprise kitchens; prohibitions; food
safety.
�
(a)
�
An operator shall be prohibited from:

����
(1)
�
Allowing consumption of food sold by the
operator at the operator's residence by consumers, other than by the occupants
of the residence and the occupants' personal guests;

����
(2)
�
Selling alcohol, controlled substances as
defined in chapter 329, and cannabis;

����
(3)
�
Engaging in the sale of adulterated or
misbranded food, in violation of sections 328-9 and 328-10 or title 21 United
States Code sections 342 or 343; and

����
(4)
�
The knowing sale of food that has been stored,
prepared, or transported in a manner that creates a reasonable likelihood of
causing foodborne illness.

����
(b)
�
An operator who violates subsection (a) may
be subject to penalties and fines, as determined by the department.

����
� -13
�
Sale of food; disclosure.
�
(a)
�
An
operator shall provide disclosure to a consumer prior to the sale of the
operator's product with the following language, or language substantially
similar to the following:

"This food is prepared
in a home kitchen that is not inspected by the department of health as a
commercial food establishment."

The disclosure shall be in a font size large enough
to be visible and for consumers to easily read on the label of each packaged
food container.

����
(b)
�
The disclosure required pursuant to this
section shall be provided by the operator:

����
(1)
�
On each packaged food container;

����
(2)
�
On the operator's menu, websites, online
listings, invoices, receipts; and

����
(3)
�
By written or electronic notice for non-packaged
food at the point of ordering or purchase.

PART III

ADMINISTRATION
AND ENFORCEMENT

����
� -21
�
Department of health; public health;
inspections; remedies.
�
(a)
�
Nothing in this chapter shall be construed to
limit the authority of the department under chapter 321 to investigate or
respond to an imminent threat to public health, a substantiated consumer complaint,
or a foodborne illness outbreak.

����
(b)
�
The department may conduct an investigation
of an operator on a microenterprise home kitchen, including site visits or
inspections, upon:

����
(1)
�
A substantiated consumer complaint;

����
(2)
�
Credible evidence of a foodborne illness
outbreak associated with a microenterprise home kitchen; or

����
(3)
�
A reasonable belief of an imminent threat to
public health;

provided that the department shall not conduct
routine or periodic inspections of microenterprise home kitchens solely due to
the home kitchens' operation under this chapter.

����
(c)
�
Upon confirmation of adulterated or
misbranded food or a foodborne illness outbreak associated with a
microenterprise home kitchen, the department may use any remedy available under
chapter 321, including:

����
(1)
�
Imposing an embargo or condemnation of the
food;

����
(2)
�
Ordering a cease and desist of particular food
items; or

����
(3)
�
Temporarily suspending the operation of the
microenterprise home kitchen when necessary to protect public health.

����
� -22
�
Rules.
�

(a)
�
The department may adopt
rules pursuant to chapter 91 for the purposes of:

����
(1)
�
Consumer disclosure content, format, and
placement, as required pursuant to section -13;

����
(2)
�
Recordkeeping necessary to demonstrate
compliance by an operator with this chapter; and

����
(3)
�
Identification of specific high risk foods or
processes that shall be prohibited from being produced in a microenterprise
home kitchen.

����
(b)
�
The department shall not adopt rules that:

����
(1)
�
Require an operator to obtain a food
establishment permit;

����
(2)
�
Require plan review or compliance with
commercial retail food establishment construction standards by an operator; or

����
(3)
�
Require substantial compliance with rules
regarding retail food establishments.

����
(c)
�
Any rule adopted under this chapter to
require a microenterprise home kitchen to operate as a food establishment or
food processing establishment shall be deemed void and unenforceable."

����
SECTION 3.
�
This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Microenterprise
Home Kitchens; Home-Based Food Businesses; Direct-to-Consumer Sales; Consumer
Disclosure; Food Safety

Description:

Authorizes
microenterprise home kitchens to prepare and sell food directly to consumers
without food establishment permits or routine inspections, subject to consumer
disclosure and basic food safety requirements.
�
Clarifies that microenterprise home kitchens
are not food establishments or food processing establishments.
�
Authorizes the Department of Health to
conduct investigations on microenterprise home kitchens in response to
complaints, foodborne illness outbreaks, and imminent threats to public health.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.