Hawaii 2024 Regular Session

Hawaii House Bill HB521 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HOUSE OF REPRESENTATIVES H.B. NO. 521 THIRTY-SECOND LEGISLATURE, 2023 H.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO RAW MILK. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	HOUSE OF REPRESENTATIVES H.B. NO. 521
4	4	THIRTY-SECOND LEGISLATURE, 2023 H.D. 1
5	5	STATE OF HAWAII
6	6
7	7	HOUSE OF REPRESENTATIVES
8	8
9	9	H.B. NO.
10	10
11	11	521
12	12
13	13	THIRTY-SECOND LEGISLATURE, 2023
14	14
15	15	H.D. 1
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	RELATING TO RAW MILK.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	PART I SECTION 1. The legislature finds that many people would like to consume raw, unpasteurized milk and raw milk products based on the products' health benefits and taste. Some studies have shown that raw milk helps reduce allergies, boost immunity, hydrate skin, and address nutritional deficiencies. Raw milk has a unique flavor that may be destroyed by the double pasteurization process generally required for commercial milk sales. It also contains bacteria that are essential flavor components for some cheeses. The legislature recognizes that raw milk can be produced safely and that its sale is permitted in many states. At least twelve states allow the sale of raw milk in retail stores. Two states permit it to be sold at farmers markets, and at least twelve states allow farmers to sell raw milk directly to consumers. The legislature believes Hawaii's consumers also deserve this freedom of choice and should be permitted to purchase raw milk and raw milk products directly from farmers. Accordingly, the purpose of this part is to allow milk producers to sell raw milk and raw milk products directly to consumers, with certain conditions. SECTION 2. Chapter 157, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§157- Raw milk and raw milk products; direct sales. (a) Notwithstanding any provision to the contrary, a producer may sell raw milk and raw milk products directly to consumers for human consumption, subject to rules adopted by the board pursuant to subsection (b); provided that the farm or facility from which the raw milk or raw milk product originated shall own or house no more than ten milk-bearing cows. (b) No later than July 1, 2024, the board shall adopt rules pursuant to chapter 91 governing the direct sale to consumers of raw milk and raw milk products for human consumption. The rules shall: (1) Include conditions similar to those found in the administrative rules of other states that allow the sale of raw milk and raw milk products; (2) Establish standards to ensure that raw milk and raw milk products are not contaminated during production or sale; and (3) Regulate any circumstances under which producers may share cows for the purposes of producing raw milk or raw milk products. (c) Each container of raw milk or raw milk product intended for sale shall include on the container or packaging: (1) A label reading "RAW MILK", "RAW MILK PRODUCT", or "CONTAINS RAW MILK PRODUCTS", as applicable; and (2) A statement reading "Contains pathogens that may be unsafe to consume"." SECTION 3. Section 157-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows: ""Raw milk" means milk that has not been pasteurized or otherwise treated with heat. "Raw milk product" means any product produced from raw milk, including cheese, kefir, and yogurt." SECTION 4. Section 157-21, Hawaii Revised Statutes, is amended to read as follows: "§157-21 Licensing. [It] Except as provided in section 157- , it shall be unlawful for any producer, producer‑distributor, or distributor to produce, sell, process, or distribute milk in a milk shed unless the person is duly licensed as provided by this chapter. It shall be unlawful for any such person to sell, buy, process, or distribute milk [which] that the person knows or has reason to believe has been produced or handled in violation of this chapter." SECTION 5. Section 157-41, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) Any person who violates this chapter shall be guilty of a misdemeanor and subject to a fine of [not] no less than $250 or more than $1,000 or imprisonment for [not] no more than one year, or both[.]; provided that the direct sale to consumers of raw milk or raw milk products for human consumption pursuant to section 157- , and any rules adopted to implement section 157- , shall not constitute a violation of this chapter." PART II SECTION 6. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§321- Raw goat milk; sales. (a) Notwithstanding any provision to the contrary, raw goat milk may be sold for pet consumption. (b) No later than July 1, 2024, the department of health shall adopt rules pursuant to chapter 91 governing the sale of raw goat milk for pet consumption. The rules shall: (1) Include conditions similar to those found in the administrative rules of other states that allow the sale of raw goat milk; (2) Establish standards to ensure that raw goat milk is not contaminated during production or sale; and (3) Regulate any circumstances under which producers may share goats for the purposes of producing raw goat milk. (c) Each container of raw goat milk intended for sale for pet consumption shall include on the container or packaging: (1) A label reading "RAW GOAT MILK"; and (2) A statement reading "Contains pathogens that may be unsafe for human consumption". (d) For the purposes of this section: "Goat milk" means the lacteal secretion, practically free from colostrum, obtained by the complete milking of healthy goats. "Raw goat milk" means goat milk that has not been pasteurized or otherwise treated with heat." PART III SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 8. This Act shall take effect June 30, 3000.
48	48
49	49	PART I
50	50
51	51	SECTION 1. The legislature finds that many people would like to consume raw, unpasteurized milk and raw milk products based on the products' health benefits and taste. Some studies have shown that raw milk helps reduce allergies, boost immunity, hydrate skin, and address nutritional deficiencies. Raw milk has a unique flavor that may be destroyed by the double pasteurization process generally required for commercial milk sales. It also contains bacteria that are essential flavor components for some cheeses.
52	52
53	53	The legislature recognizes that raw milk can be produced safely and that its sale is permitted in many states. At least twelve states allow the sale of raw milk in retail stores. Two states permit it to be sold at farmers markets, and at least twelve states allow farmers to sell raw milk directly to consumers. The legislature believes Hawaii's consumers also deserve this freedom of choice and should be permitted to purchase raw milk and raw milk products directly from farmers.
54	54
55	55	Accordingly, the purpose of this part is to allow milk producers to sell raw milk and raw milk products directly to consumers, with certain conditions.
56	56
57	57	SECTION 2. Chapter 157, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
58	58
59	59	"§157- Raw milk and raw milk products; direct sales. (a) Notwithstanding any provision to the contrary, a producer may sell raw milk and raw milk products directly to consumers for human consumption, subject to rules adopted by the board pursuant to subsection (b); provided that the farm or facility from which the raw milk or raw milk product originated shall own or house no more than ten milk-bearing cows.
60	60
61	61	(b) No later than July 1, 2024, the board shall adopt rules pursuant to chapter 91 governing the direct sale to consumers of raw milk and raw milk products for human consumption. The rules shall:
62	62
63	63	(1) Include conditions similar to those found in the administrative rules of other states that allow the sale of raw milk and raw milk products;
64	64
65	65	(2) Establish standards to ensure that raw milk and raw milk products are not contaminated during production or sale; and
66	66
67	67	(3) Regulate any circumstances under which producers may share cows for the purposes of producing raw milk or raw milk products.
68	68
69	69	(c) Each container of raw milk or raw milk product intended for sale shall include on the container or packaging:
70	70
71	71	(1) A label reading "RAW MILK", "RAW MILK PRODUCT", or "CONTAINS RAW MILK PRODUCTS", as applicable; and
72	72
73	73	(2) A statement reading "Contains pathogens that may be unsafe to consume"."
74	74
75	75	SECTION 3. Section 157-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
76	76
77	77	""Raw milk" means milk that has not been pasteurized or otherwise treated with heat.
78	78
79	79	"Raw milk product" means any product produced from raw milk, including cheese, kefir, and yogurt."
80	80
81	81	SECTION 4. Section 157-21, Hawaii Revised Statutes, is amended to read as follows:
82	82
83	83	"§157-21 Licensing. [It] Except as provided in section 157- , it shall be unlawful for any producer, producer‑distributor, or distributor to produce, sell, process, or distribute milk in a milk shed unless the person is duly licensed as provided by this chapter. It shall be unlawful for any such person to sell, buy, process, or distribute milk [which] that the person knows or has reason to believe has been produced or handled in violation of this chapter."
84	84
85	85	SECTION 5. Section 157-41, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
86	86
87	87	"(b) Any person who violates this chapter shall be guilty of a misdemeanor and subject to a fine of [not] no less than $250 or more than $1,000 or imprisonment for [not] no more than one year, or both[.]; provided that the direct sale to consumers of raw milk or raw milk products for human consumption pursuant to section 157- , and any rules adopted to implement section 157- , shall not constitute a violation of this chapter."
88	88
89	89	PART II
90	90
91	91	SECTION 6. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
92	92
93	93	"§321- Raw goat milk; sales. (a) Notwithstanding any provision to the contrary, raw goat milk may be sold for pet consumption.
94	94
95	95	(b) No later than July 1, 2024, the department of health shall adopt rules pursuant to chapter 91 governing the sale of raw goat milk for pet consumption. The rules shall:
96	96
97	97	(1) Include conditions similar to those found in the administrative rules of other states that allow the sale of raw goat milk;
98	98
99	99	(2) Establish standards to ensure that raw goat milk is not contaminated during production or sale; and
100	100
101	101	(3) Regulate any circumstances under which producers may share goats for the purposes of producing raw goat milk.
102	102
103	103	(c) Each container of raw goat milk intended for sale for pet consumption shall include on the container or packaging:
104	104
105	105	(1) A label reading "RAW GOAT MILK"; and
106	106
107	107	(2) A statement reading "Contains pathogens that may be unsafe for human consumption".
108	108
109	109	(d) For the purposes of this section:
110	110
111	111	"Goat milk" means the lacteal secretion, practically free from colostrum, obtained by the complete milking of healthy goats.
112	112
113	113	"Raw goat milk" means goat milk that has not been pasteurized or otherwise treated with heat."
114	114
115	115	PART III
116	116
117	117	SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
118	118
119	119	SECTION 8. This Act shall take effect June 30, 3000.
120	120
121	121
122	122
123	123	Report Title: BOA; DOH; Raw Milk; Raw Milk Products; Raw Goat Milk; Sales Description: Authorizes and decriminalizes the sale of raw milk and raw milk products directly from producers to consumers, for human consumption, with certain restrictions. Authorizes the sale of raw goat milk for pet consumption. Establishes labeling requirements. Requires the board of agriculture and department of health to adopt rules no later than 7/1/2024. Effective 6/30/3000. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
124	124
125	125
126	126
127	127
128	128
129	129	Report Title:
130	130
131	131	BOA; DOH; Raw Milk; Raw Milk Products; Raw Goat Milk; Sales
132	132
133	133
134	134
135	135	Description:
136	136
137	137	Authorizes and decriminalizes the sale of raw milk and raw milk products directly from producers to consumers, for human consumption, with certain restrictions. Authorizes the sale of raw goat milk for pet consumption. Establishes labeling requirements. Requires the board of agriculture and department of health to adopt rules no later than 7/1/2024. Effective 6/30/3000. (HD1)
138	138
139	139
140	140
141	141
142	142
143	143
144	144
145	145	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.