Current Law Details
Act 195 (HB 2144) implemented August 24, 2025, expanding to fermented/acidified foods (pH ≤4.2 or aW ≤0.88), third-party and wholesale sales for non-TCS products. Hand-pounded poi explicitly protected. Free or ~$10 food safety training required (valid 3 years). Special provisions for culturally significant hand-pounded poi. Online sales status unclear - verify with Hawaii DOH.
Registration & Training
📋Registration
- Required
- No
🎓Training
- Required
- Yes
- Type
- State-approved food safety course (ANAB-accredited)
- Cost
- Free (Hawaii DOH) or ~$10 (online, e.g., FoodSafePal)
- Validity Period
- 3 years
Labeling Requirements
Required Statement
"Made in a home kitchen not routinely inspected by the Department of Health"
Additional Label Elements
- ✓Business/Producer name
- ✓Physical address of cottage food operation
- ✓Product name (common or usual name)
- ✓Ingredients list (descending order by weight)
- ✓Net weight
- ✓Allergen warnings (9 major allergens including sesame)
- ✓Contact information (address, email, or phone)
Allowed Sales Venues
Third-party sales and wholesale allowed as of August 2025 for non-TCS products. Home delivery and pickup allowed. Online sales status unclear despite legislative intent. No traditional retail or restaurant sales.
Shipping & Delivery
Shipping Options
- In-State
- In-Person Only
- Out-of-State
- Not Allowed
Delivery Methods
- Commercial Carriers
- Not Allowed
- Third-Party Delivery
- Allowed
Online sales and mail order status unclear despite legislative intent to allow them - in-person delivery may be required. Third-party and wholesale sales allowed for non-TCS products. Home delivery allowed. Interstate sales prohibited (Hawaii residents only).
Allowed Foods
Major expansion Aug 2025: fermented, acidified, and pickled plant foods NOW ALLOWED with pH ≤4.2 OR water activity ≤0.88. Hand-pounded poi explicitly protected with special labeling. Prohibited: potentially hazardous foods, perishable baked goods requiring refrigeration, meat, seafood, juices, low-acid canned foods, garlic in oil, TCS foods.
Recent Legislative Updates
Act 195 (HB 2144, signed July 2024)
Effective: August 24, 2025
Major expansion allowing fermented/acidified/pickled plant foods (pH ≤4.2 or aW ≤0.88), third-party and wholesale sales for non-TCS products, explicit protection for hand-pounded poi. Implemented 8 months past statutory deadline.
Important Warnings & Notes
- ⚠️CRITICAL: Online sales status UNCLEAR - conflicting information between legislative intent (allowed) and cottage food resources (prohibited). Verify with Hawaii DOH before advising clients.
- ⚠️Third-party and wholesale sales allowed for non-TCS products only (no TCS foods)
- ⚠️Fermented/acidified foods require pH ≤4.2 or water activity ≤0.88 - testing likely required
- ⚠️Interstate sales prohibited - Hawaii residents only
- ⚠️Hand-pounded poi has different labeling requirement: 'This hand-pounded poi was prepared in a facility not inspected by the Department of Health'
- ⚠️Training certification must be renewed every 3 years
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-06):
- •Hawaii Administrative Rules (HAR) Title 11, Chapter 50 (effective Aug 24, 2025)
- •Act 195, Session Laws of Hawaii 2024 (HB 2144)
- •Hawaii Department of Health - Food Safety Branch
- •Hawaii DOH Press Release (August 27, 2025)
- •Civil Beat, KHON2, Big Island Now (2024-2025 coverage)
- •Forrager.com - Hawaii
- •Institute for Justice - Hawaii
Important Legal Disclaimer
This information is for educational purposes only and should not be considered legal advice. Cottage food laws change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.
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