Hawaii Administrative Rules (HAR) Chapter 11-50 Food Safety
Homemade Food Operations are exempt from the requirement of a food establishment permit. An operator can use their home kitchen to produce a homemade food (HMF) product to sell directly to consumers or other retailers. Most foods allowed to be produced are limited to those that do not require time or temperature control to keep the food safe for consumption.
As an HMF producer, you are allowed to make food products that do not require time/ temperature control for safety (TCS) to limit foodborne illness. This includes foods of plant origin that are pickled, fermented or acidified that have a pH ≤ 4.2 or a water activity (Aw) value < 0.88. This also includes products that contain cut tomatoes, such as salsa, that is held at 41°F or below.
This does NOT include dried meats, seafood, or fruits from the melon family.
Here are a few but not all, examples:
HMF products must be packaged in the way it is to be sold and require labeling with the following information:
HMF operators are required to obtain food safety training from the Department of Health (DOH) or a program approved by the DOH. American National Standards Institute (ANSI) accredited courses will meet this requirement.
To sign up for an in-person class administered by DOH or to see a list of ANSI-accredited online courses, please visit: https://health.hawaii.gov/san/food-safety-education/
The Farmers Market I want to sell my HMF product wants me to apply for a Special Event Permit — can they require a permit?
Yes. Some event organizers require you to obtain a Special Event permit to participate in their market/event. Your product exempts you from obtaining a DOH permit but if you need a Special Event permit, we can review and sign-off your application. Special Event Permit applications are available at: https://health.hawaii.gov/san/special-event-permit-applications/
What are the requirements to sell pickled, fermented or acidified foods?
Only plant foods can be pickled, fermented or acidified as a HMF product and must have a pH ≤ 4.2 or a water activity (Aw) value < 0.88. It is the responsibility of the HMF producer to ensure that their product meet these requirements.
Where can I sell my homemade food product?
You may sell your product at non-profit and for-profit events such as fundraisers, craft fair, farmers markets, and the like. You may also sell your product online.
Can I sell my homemade food product to my favorite restaurant or grocery store?
Yes. State law allows HMF products to be wholesaled to permitted food establishments that wish to resell your product. If a restaurant will include your product as an ingredient in a menu item or offer it on their menu, the restaurant must have written disclosure that the product is an HMF. The HMF product label must be available to the restaurant patron upon request.
Please be aware that the U.S. Food and Drug Administration does not recognize HMF products as an approved source.
What should the label for my homemade food product look like?
Example:
How do I know if my food product qualifies as a homemade food product?
If you have any questions regarding the production of a product as an HMF, please contact your local Food Safety Branch office. Contact information is available at:
https://health.hawaii.gov/san/contact-us/