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GM 1208

Informing the Legislature that on June 8, 2026, the Governor signed the following bill into law: SB3137 SD1 HD2 CD1 (ACT 108).

2026 Regular Session

Consolidates Hawaii DOH authority for food, drugs, and cosmetics into one framework (chapter 328) with a new Food Safety/EH Special Fund and education program to boost safety and o

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Bill Summary · GM 1208

Overview

GM 1208 concerns the Governor’s message announcing that SB3137 SD1 HD2 CD1 (Act 108) was signed into law on June 8, 2026. The bill reorients and consolidates the Hawaii Department of Health’s authority to regulate food, drugs, and cosmetics, moving certain provisions from chapter 321 to chapter 328, and adds new programs, funding structures, and governance mechanisms to enhance food safety and environmental health.

Main purpose and intent

  • Consolidate regulatory authority for food, drugs, and cosmetics into a single chapter (chapter 328) to improve food safety, public health, and administrative efficiency.
  • Create a dedicated, internal Food Safety Consultative and Education Program within the department to support education, outreach, and safeguards for food handlers and the public.
  • Establish a dedicated food safety and environmental health special fund to finance program activities, staffing, inspections, and related initiatives.

Key provisions and changes

  • Consolidation of authority:

    • Relocates regulation of manufacture, sale, holding for sale, and distribution of food from chapter 321 to chapter 328.
    • Aligns rules, permits, variances, fees, and penalties under a single regulatory framework.
    • Sets up implementation of rulemaking and permit processes under chapter 328 (with existing authority for penalties, permits, variances, and fees).

  • New Food Safety Consultative and Education Program (Part II):

    • §328-A: Establishes the program within the department, potentially housed in a division.
    • §328-B: Allows the department to conduct studies using HACCP (hazard analysis and critical control points) methods after outbreaks or on request.
    • §328-C: Creates a public information monitoring system to investigate questionable food handling practices and to develop publicly accessible food safety information.

  • Exemptions and regulatory specifics (Part III):

    • §328-D: Exemption for hand-pounded poi producers who sell directly to consumers and otherwise operate with health safeguards; requires department rules.
    • §328-E: Creates priority processing for agricultural processing facility permits/renewals, funded at no extra cost to applicants; defines “agribusiness.”
    • §328-G: Establishes the Food Safety and Environmental Health Special Fund to collect and expend fees for permits, inspections, variances, and related activities; outlines uses (outreach, education, planning for growth, staff training, inspections) and caps on administrative use and annual transfers.

  • Administration, audits, and reporting (Sections 4–6):

    • Requires annual audits of food safety and food and drug programs, including fee collection, inspections, training, and program costs.
    • Directs reporting to the Legislature prior to each regular session on fund status and expenditures.

  • Miscellaneous statutory adjustments:

    • Updates various sections of the Hawaii Revised Statutes to reflect the new consolidation, fund structure, and reporting requirements.
    • Repeals related prior provisions (e.g., provisions under sections 321-11.5, 321-4.5, 321-4.6, 321-27, and portions relating to hand-pounded poi regulation) as part of codifying the new framework.
    • Adjusts definitions of "hospital" and related healthcare facility references as part of broader statutory integration.

Affected parties and entities

  • Hawaii Department of Health (DOH): Primary regulator and administrator of food, drugs, and cosmetics; responsible for adopting rules, issuing permits, conducting inspections, and administering the new funds and programs.
  • Food handlers, food manufacturers, farms, and agribusinesses: Subject to the consolidated regulatory regime, permit requirements, and potential exemptions (e.g., hand-pounded poi producers).
  • General public: Beneficiaries of enhanced food safety information, education, and outreach programs.
  • State budget and accounting: New dedicated fund (Food Safety and Environmental Health Special Fund) with reporting and audit requirements.

Timeline and procedural notes

  • Effective date: The act takes effect upon approval, with specific provisions (notably Section 26—fund provisions) taking effect on June 30, 2021 (likely a placeholder or transitional reference in the document; Act 108 itself takes effect upon approval).
  • Annual audits: DOH must complete audits by November 30 each year for the relevant programs.
  • Legislative reporting: The department must report to the Legislature no later than twenty days before the convening of each regular session.

Note: This summary emphasizes substantive changes, authority consolidation, new programs, funding mechanisms, and reporting requirements established by Act 108.

Compiled from official sources — confirm details with the bill’s official record.

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