Hawaii Administrative Code

(a) The director may adopt procedures which set forth criteria for the measurement of sound. Such procedures may be in substantial conformity with standards and recommended practices established by the American National Standards Institute or the Society of Automotive Engineers, …

The purpose of this chapter is to state requirements for health care professionals and laboratory directors to report to the department, the diagnosis of any person afflicted with a designated environmentally-related illness or injury. Notes Haw. Code R. § 11-5-1 [Eff. ] (Auth: H…

As used in this chapter: "Case" refers to a person who has been diagnosed to have any of the diseases or conditions specified in table 1, "Reportable Environmentally-Related Illnesses and Injuries." "Department" means the department of health of the State of Hawaii. "Director" me…

(a) Report by physicians: any health care professional who has primary responsibility for the treatment of an individual who is suffering from environmentally-related illness or injury shall report the occurrence of such illness to the department of health on Oahu. Any health car…

The diseases listed or described in table 1 entitled "Reportable Environmentally-Related Illnesses and Injuries," located at the end of this chapter are declared by the director to be potentially dangerous to public health and shall be reported to the department as specified to p…

In the event where confirmatory laboratory testing of the suspected agent is not possible or in cases of laboratory error, neither the reporting physician or laboratory director will be held legally liable for any error in reporting such a case, should the condition prove later t…

Every person who willfully violated any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be fined not more than one thousand dollars. Notes Haw. Code R. § 11-5-6 [Eff. ] (Auth. HRS §§ 321-1, 321-9, 321-18, 321-317) (Imp: HRS § 321-317) Eff. 10/…

If any provision of this chapter, or its application to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this chapter shall not be affected thereby." Notes Haw. Code R. § 11-5-7 [Eff. ] (Auth. H…

The purpose of this chapter is to provide minimum requirements for the protection of the life, health, safety, and welfare of the general public. (1) This chapter applies to all food establishments, or portions thereof, used, designed, or intended to be used as a food establishme…

(a) Based upon the department's findings or other evidence, the director may embargo or detain any food determined to be a potential health hazard. (1) The department may attach a tag or other appropriate marking to food determined to be a potential health hazard. The marking sha…

Notes Haw. Code R. § 11-50-100 [Eff FEB 24 2014] (Auth: HRS § 321-11) (imp: HRS § 321-11) Repealed 9/1/2017

Notes Haw. Code R. § 11-50-101 [Eff FEB 24 2014] (Auth: HRS § 321-11) (Imp: HRS § 321-11) Repealed 9/1/2017

Notes Haw. Code R. §§ 11-50-102 to 11-50-104 Repealed 9/1/2017

(a) The department shall act when it has reasonable cause to believe that a food employee or conditional employee has possibly transmitted disease; may be infected with a disease in a communicable form that is transmissible through food; may be a carrier of Infectious agents that…

(a) The director may suspend a permit whenever:(1) An inspection of the establishment reveals that the establishment has not corrected the violations in the required time; or (2) The department is unable to conduct inspections in accordance with this chapter due to circumstances …

(a) The department may grant a variance by modifying or waiving the requirements of this chapter if in the opinion of the director a health hazard or nuisance will not result from the variance. If a variance is granted, the department shall retain the information specified in sub…

Any person who violates any provision of this chapter or an order of the director thereunder, shall be subject to a fine as provided in section 321-20, HRS. Each and every violation a separate offense. Notes Haw. Code R. § 11-50-14 [Eff FEB 24 2014] (Auth: HRS § 321-11) (Imp: HRS…

If any provision of this chapter, or the application of any provision of this chapter to any person or circumstance, is held invalid, the application of the provision to other persons or circumstances, and the remainder of this chapter, shall not be affected thereby. Notes Haw. C…

Notes Haw. Code R. §§ 11-50-16 to 11-50-19

As used in this chapter: "Adulterated" has the meaning stated in section 402 of the Federal Food, Drug, and Cosmetic Act. "Approved" means acceptable to the department based on a determination of conformity with principles, practices, and generally recognized standards that prote…

(a) Except as specified in subsection (b), the owner or operator shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food establishment during all hours of operation. (b) In a food establishment with two o…

(a) Responsibility of owner or operator, person in charge, and conditional employees. (1) The owner or operator shall require food employees and conditional employees to report to the person in charge information about their health and activities as they relate to diseases that a…

(a) Food employees shall keep their hands and exposed portions of their arms clean. (b) Cleaning procedure. (1) Except as specified in paragraph (4), food employees shall clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands or arm…

(a) Eating, drinking, or using tobacco.(1) Except as specified in paragraph (2), an employee shall eat, drink, or use any form of tobacco only in designated areas where the contamination of exposed food; clean equipment, utensils, and linens; unwrapped single-service and single-u…

Notes Haw. Code R. §§ 11-50-24 to 11-50-29

(a) Permits. No person may operate a food establishment without a valid permit issued by the director, which shall remain valid for one year from the date of issuance unless suspended by the director, after which it shall become void unless renewed in accordance with section 11-5…

Food shall be safe, unadulterated, and, as specified in section 11-50-35(a), honestly presented. Notes Haw. Code R. § 11-50-30 [Eff FEB 24 2001] (Auth: HRS § 321-11) (Imp: HRS § 321-11) Am and Comp 9/1/2017

(a) Compliance with food law. (1) Food shall be obtained from sources that comply with law; (2) Food prepared in a private home may not be used or offered for human consumption in a food establishment; (3) Fish, other than those specified in section 11-50-33(e)(2), that are inten…

(a) Pr eventing contamination from hands,(1) Food employees shall wash their hands as specified in section 11-50-22(b); (2) Except when washing fruits and vegetables as specified in subsection (g) or as specified in paragraph (4), food employees may not contact exposed, ready-to-…

(a) Cooking raw animal foods. (1) Except as specified in paragraphs (2), (3) and (4), raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal foods, shall be cooked to heat all parts of the food to a temperature and for a time that complies with …

(a) Stored frozen foods shall be maintained frozen. (b) Frozen potentially hazardous food (time/temperature control for safety food) that is slacked to moderate the temperature shall be held:(1) Under refrigeration that maintains the food temperature at forty-one degrees Fahrenhe…

(a) Honestly presented. (1) Food shall be offered for human consumption in a way that does not mislead or misinform the consumer; (2) Food or color additives, colored overwraps, or lights may not be used to misrepresent the true appearance, color, or quality of a food. (b) Food l…

Discarding or reconditioning unsafe, adulterated/ or contaminated food. (1) A food that is unsafe, adulterated, or not honestly presented as specified in section 11-50-30 shall be discarded or reconditioned according to an approved procedure; (2) Food that is not from an approved…

(a) Foods served to a highly susceptible population: (1) The following criteria apply to juice: (A) For the purposes of this paragraph only, children who are age nine or less and receive food in a school, day care setting, or similar facility that provides custodial care are incl…

Notes Haw. Code R. §§ 11-50-38 to 11-50-44

(a) A permit to operate a food establishment, and any renewal of a permit to operate a food establishment, may be issued only after the department receives a complete application on the forms provided by the department, as well as all necessary plans, menus, operating procedures,…

(a) Materials that are used in the construction of utensils and food-contact surfaces of equipment may not allow the migration of deleterious substances or impart colors, odors, or tastes to food and under normal use conditions shall be: (1) Safe; (2) Durable, corrosion-resistant…

(a) Equipment and utensils shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions. (b) Food temperature measuring devices may not have sensors or stems constructed of glass, except that thermometers with glass sens…

(a) Equipment for cooling and heating food, and holding cold and hot food, shall be sufficient in number and capacity to provide food temperatures as specified in subchapter 3. (b) Manual warewashing, sink compartment requirements. (1) Except as specified in paragraph (3), a sink…

(a) Equipment, clothes washers and dryers, and storage cabinets, contamination prevention. (1) Except as specified in paragraph (2), equipment, a cabinet used for the storage of food, or a cabinet that is used to store cleaned and sanitized equipment, utensils, laundered linens, …

(a) Good repair and proper adjustment.(1) Equipment shall be maintained in a state of repair and condition that meets the requirements specified in sections 11-50-45 and 11-50-46; (2) Equipment components such as doors, seals, hinges, fasteners, and kick plates shall be kept inta…

Notes Haw. Code R. § 11-50-5 [Eff FEB 24 2014] (Auth; HRS § 321-11) (Imp: HRS § 321-11) Repealed 9/1/2017

(a) Equipment, food-contact surfaces, nonfood-contact surfaces, and utensils-objective. (1) Equipment food-contact surfaces and utensils shall be clean to sight and touch; (2) The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits …

(a) Equipment food-contact surfaces and utensils shall be sanitized. (b) Utensils and food-contact surfaces of equipment shall be sanitized before use after cleaning. (c) After being cleaned, equipment food-contact surfaces and utensils shall be sanitized in: (1) Hot water manual…

(a) Clean linens shall be free from food residues and other soiling matter. (b) Specifications. (1) Linens that do not come in direct contact with food shall be laundered between operations if they become wet, sticky, or visibly soiled; (2) Cloth gloves used as specified in secti…

(a) After cleaning and sanitizing, equipment and utensils: (1) Shall be air-dried or used after adequate draining as specified in the first paragraph of 40 CFR 180.940, entitled "Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (food-con…

Notes Haw. Code R. §§ 11-50-54 to 11-50-59