reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 46 - COMMUNITY NOISE CONTROL › Section 11-46-8 - Variances

Current through June, 2024
(a) Applicability. In accordance with section
				342F-5, HRS, the
				director may grant, renew, modify, suspend, revoke, or deny variances to
				operate any excessive noise source which emits or may emit noise levels in
				excess of the maximum permissible sound levels specified in Table l, Maximum
				permissible sound levels in dBA, of section 11-46-4(a), and which use or
				operation does not conform to the requirements of section 11-46-7, or other
				applicable provisions of this chapter.
(b) No variance, modification, or renewal
				shall be granted by the director unless the application and the supporting
				information clearly show that:
(1) The
				continuation of the function or operation involved in the emission occurring or
				proposed to occur by the granting of the variance is in the public interest, as
				defined in section 11-46-7(c);
(2)
				The emission occurring or proposed to occur does not substantially endanger
				human health or safety; and
(3)
				Compliance with the provisions of this chapter from which the variance is
				sought would produce serious hardship without equal or greater benefits to the
				public.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 46 - COMMUNITY NOISE CONTROL › Section 11-46-9 - Measurement of sound levels

Current through June, 2024
(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, and the latest revisions thereof.
(b) The director may revise such measurement
				procedures from time to time to reflect current engineering judgment and
				advances in noise measurement techniques.
(c) For the purpose of this chapter, sound
				level measurements shall be conducted using standard. procedures, with sound
				level meters, using the "A" weighting network and "slow" meter response unless
				otherwise stated.
(d) Sound level
				meters and calibrators shall conform to specifications provided in the American
				National Standard, ANSI SI.4-1983, specification for sound level
				meters.
(e) Windscreens shall be
				used whenever appropriate.
(f) The
				various factors affecting the accuracy of a measurement shall be evaluated to
				the extent necessary for the implementation of this chapter. For example, if
				the accuracy with which a measurement can be made with specific instruments at
				a specific location is plus or minus two dBA, then any measured level greater
				than the specified maximum permissible sound level, plus two dBA, will indicate
				that excessive noise has been emitted.
(g) Measurements shall normally not be used
				for enforcement unless the noise level at a point of measurement is more than
				three decibels greater than the ambient or background noise level.
(h) The ambient noise level may be estimated
				from sound levels measured during nonoperation of the noise source or by sound
				levels measured at one or more points near the point of measurement where the
				noise source is inaudible.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 46 - COMMUNITY NOISE CONTROL › Section 11-46-10 - Certification

Current through June, 2024
Persons conducting noise measurements for the enforcement of
				  this chapter shall have been trained in the techniques of sound measurement and
				  the operation of sound level meters and other sound measuring instruments and
				  shall have been certified by the director.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 46 - COMMUNITY NOISE CONTROL › Section 11-46-11 - Powers and duties

Current through June, 2024
In order to implement and enforce this chapter and for the
				  general purpose of prevention, control, and abatement of noise pollution in the
				  State, the director shall have, in addition to any other vested authority, the
				  power to:
(1) Conduct research
				programs for the purpose of determining the causes, effects, and hazards of
				excessive noise and the means whereby noise may be monitored, controlled, or
				abated;
(2) Conduct programs of
				public education regarding the causes, effects, and general methods of
				abatement and control of noise; the actions prohibited by this chapter and the
				procedures for reporting violations;
(3) Cooperate, to the extent practicable,
				with all appropriate state, federal, and county agencies;
(4) Coordinate noise programs with
				appropriate county agencies in providing technical assistance in areas such as
				development of regulatory control of activities creating noise disturbances,
				and in sound measurement;
(5)
				Conduct state educational and training programs on noise prevention, control,
				and abatement, including the preparation and distribution of information
				relating to excessive noise and its effect on people;
(6) Request any other department or agency
				responsible for any proposed or final standard, regulation, or similar action
				to consult on the advisability of revising the action, if there is reason to
				believe that the action is not consistent with any provision of this
				chapter;
(7) Develop and recommend
				for promulgation, provisions regulating the use and operation of any product;
				and
(8) Develop and promulgate
				standards, testing methods, and procedures.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 46 - COMMUNITY NOISE CONTROL › Section 11-46-12 - Inspection of premises

Current through June, 2024
(a) The director
				upon receiving reports of, or identifying any actual or suspected excessive
				noise source, is authorized, upon presenting appropriate credentials to the
				owner, operator, or agent in charge:
(1) To
				enter at all reasonable hours, any premises, to conduct an investigation, to
				ascertain compliance or noncompliance with this chapter, or any permit,
				variance or modification issued pursuant to this chapter, to make reasonable
				tests in connection therewith, and to recommend requirements for any noise
				attenuation measures;
(2) To
				inspect at reasonable times and within reasonable limits and in a reasonable
				manner, any premises and all pertinent equipment or devices; and
(3) To require that the owner, operator, or
				agent of any premises cease operation of all pertinent equipment, or devices
				for the purpose of conducting an investigation and inspection
				thereof.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 46 - COMMUNITY NOISE CONTROL › Section 11-46-13 - Other ordinances and rules

Current through June, 2024
The council of any county may adopt and provide for the
				  enforcement of ordinances regulating any matter relating to excessive noise. No
				  such ordinance shall be held invalid on the ground that it covers any subject
				  or matter embraced within any statute or rule of the State; provided that in
				  any case of conflict between the statute or rule and ordinance, the law which
				  affords the most protection to the public shall apply.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 46 - COMMUNITY NOISE CONTROL › Section 11-46-14 - Enforcement

Current through June, 2024
(a) Initial violation. If the director
				determines that any person has violated or is violating this chapter, or any
				condition of a permit, variance, or modification issued pursuant to this
				chapter, the director:
(1) Shall cause
				written notice to be served upon the alleged violator or violators. This notice
				shall specify the alleged violation and may contain an order specifying a
				reasonable time during which that person shall be required to take any measures
				that may be necessary to correct the violation and give periodic progress
				reports;
(2) May require that the
				alleged violator or violators appear before the director for a hearing at a
				time and place specified in the notice and answer the charges complained of;
				and
(3) May impose penalties as
				provided in section
				342F-11,
				HRS, and section 11-46-18 by sending a notice, in writing, either by certified
				mail or by personal services, to the alleged violator or violators describing
				the violation.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 46 - COMMUNITY NOISE CONTROL › Section 11-46-15 - Records

Current through June, 2024
(1) The director may require that the owner,
				operator, or agent of any premises establish and maintain all pertinent
				records.
(2) The director shall
				have access to all pertinent records.
(3) The director may require that the owner,
				operator, or agent of any premises develop and submit reports of all pertinent
				records;.
(4) The director may
				require that the owner, operator, or agent of any premises produce copies of
				all pertinent records upon request by the director.
(5) The director may require that the owner,
				operator, or agent of any premises conduct measurements of sound levels of any
				source in accordance with established methods and procedures, at such locations
				and times as the director may reasonably prescribe, and to furnish reports of
				the results of such measurements.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 46 - COMMUNITY NOISE CONTROL › Section 11-46-16 - Penalties

Current through June, 2024
(a) Any person who violates any provision of
				this chapter, or. any permit, variance, or modification issued pursuant to this
				chapter, shall be subject to fines of not more than $10,000 for each separate
				offense. Each day of violation shall constitute a separate offense. Any action
				taken to impose or collect the penalty provided for in this subsection shall be
				considered a civil or administrative action, as the case may be.
(b) Any person who denies, obstructs, or
				hampers the entrance or inspection by any duly authorized employee of the
				department of any premises, or vehicle that the employee is authorized to enter
				and inspect, shall be fined not more than $500. Any action taken to impose or
				collect the penalty provided for in this Section shall be considered a civil
				action.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 46 - COMMUNITY NOISE CONTROL › Section 11-46-17 - Citation

Current through June, 2024
(a) Any person who commits a violation of
				this chapter may be issued a summons or citation for such violation by any
				person authorized to enforce this chapter, hereinafter referred to as
				enforcement officer.
(b) The
				summons or citation shall warn the person to appear and answer to the charge
				against the person at a certain place and at a time within seven days after the
				issuance of the summons or citation.
(c) The summons or citation shall be printed
				on a form adopted or prescribed by the state district courts.
(d) Summons and citations shall be
				consecutively numbered and the carbon copy or copies of each shall bear the
				same number.
(e) The summons or
				citation shall be designed to provide for all necessary information.
(f) The original of a summons or citation
				shall be given to the purported violator and the other copy or copies
				distributed in the manner prescribed by the district courts; provided that the
				district courts may prescribe alternative methods of distribution of the
				original and any other copies.
(g)
				In the event any person fails to comply with a summons or citation issued to
				such person, the enforcement officer shall cause a complaint to be entered
				against the person and shall secure the issuance of a warrant for the person's
				arrest. Failure to comply with a summons or citation is a
				misdemeanor.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 46 - COMMUNITY NOISE CONTROL › Section 11-46-18 - Administrative penalties

Current through June, 2024
(a) In addition to
				any other administrative or judicial remedy provided by this chapter, the
				director is authorized to impose by order the penalties specified in section
				342F-9(b) and
				(c), HRS, and section 11-46-16.
(b) Factors to be considered in imposing an
				administrative penalty include:
(1) The
				nature and history of the violation and of any prior violations;
(2) The economic benefit, if any, resulting
				from the violation;
(3) The
				opportunity, difficulty, and history of corrective action;
(4) Good faith efforts to comply;
				and
(5) Any other matters that
				justice may require.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 46 - COMMUNITY NOISE CONTROL › Section 11-46-19 - Injunctive and other relief

Current through June, 2024
The director may institute a civil action in any court of
				  competent jurisdiction for injunctive and other relief to prevent any violation
				  of this chapter, any rule adopted pursuant to this chapter, or any condition of
				  a permit or variance issued pursuant to this chapter, without the necessity of
				  a prior revocation of the permit or variance, to impose and collect civil
				  penalties, to collect administrative penalties, or obtain other relief. The
				  court shall have the power to grant relief in accordance with the Hawaii rules
				  of civil procedure.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 46 - COMMUNITY NOISE CONTROL › Section 11-46-20 - Public records

Current through June, 2024
Reports submitted to the department on the emission of
				  excessive noise shall be made available for inspection by the public during
				  established office hours unless such reports contain information of a
				  confidential nature concerning secret processes or methods of
				  manufacture.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 46 - COMMUNITY NOISE CONTROL › Section 11-46-22 - Severability

Current through June, 2024
If any provision of this chapter, or the application thereof
				  to any person or circumstance is held invalid, the remainder of this chapter,
				  and the application of the chapter to other persons or circumstances, shall not
				  be affected thereby.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 1 - GENERAL PROVISIONS › Section 11-50-1 - Purpose

Current through June, 2024
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 establishment or food operation within the
				  State;
(2) The minimum requirements
				  established herein shall not be construed as lowering the standards established
				  by local ordinances or rules;
(3)
				  Whenever local requirements contain more stringent provisions than any of the
				  minimum requirements of this chapter, the more stringent requirements shall
				  govern; and
(4) No ordinance,
				  rules, ruling, or decision of any municipal body or officer of authority of any
				  county shall repeal, amend, modify, or dispense with any of the minimum
				  requirements provided in this chapter.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 1 - GENERAL PROVISIONS › Section 11-50-3 - Permits, special events, homemade food products and hand-pounded poi, and exemptions

Current through June, 2024
(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
				  11-50-4, except as otherwise
				  provided in this section.
(b)
				  Special events. Any person who intends to operate a food establishment in
				  conjunction with a special event may apply for a special event permit;
(1) A special event permit shall not be
				  issued until the applicant has submitted documents and information in
				  accordance with, and otherwise conforms to, the requirements of section
				  11-50-4.
(2) The director may issue a special event
				  permit to operate a food establishment in conjunction with a special event only
				  if the documents and other information provided pursuant to section
				  11-50-4, or otherwise requested by
				  the director, are consistent with the protection of public health and the
				  environment.
(3) The director may
				  attach special conditions to any special event permit that, in its discretion,
				  is reasonably necessary to mitigate any potential impact on public health or
				  the environment associated with the special event. Any violation of a special
				  condition shall be enforceable as a violation of this chapter.
(4) A special event permit shall be valid
				  only for the particular dates of operation, or period(s) of operation,
				  indicated on the special event permit, and in no event shall the particular
				  dates or period(s) of operation indicated on any one permit cumulatively exceed
				  thirty-one days in a three hundred sixty-five day period,
(5) Any person who operates a food
				  establishment in conjunction with a special event shall comply with all the
				  requirements of this chapter except sections
				  11-50-70,
				  11-50-71,
				  11-50-72(d)-(k),
				  11-50-73 and
				  11-50-74.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 1 - GENERAL PROVISIONS › Section 11-50-4 - Permit application, renewal, and HACCP plans

Current through June, 2024
(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, the required fee, other information deemed
				  necessary to access the operations of the proposed food establishment, and the
				  inspection(s) specified in subsection (i) has been completed, if required by
				  the department.
(b) For any new
				  permit, or the renewal of an existing permit, the applicant shall submit to the
				  department:
(1) A completed application for
				  food establishment permit or application for renewal;
(2) The plans and specifications of the food
				  establishment with an application for plan review, if requested by the
				  department;
(3) A list of food
				  items to be offered by the food establishment, if requested by the
				  department;
(4) A HACCP plan, if
				  requested by the department;
(5)
				  Any documents detailing significant operational or menu changes anticipated or
				  which have already occurred;
(6)
				  Any documents detailing the operational agreement between a food establishment
				  and a support kitchen, if applicable; and
(7) Any other information that may be
				  required by the department for the proper review of the proposed construction,
				  conversion, or modification, and procedures for operating a food
				  establishment.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 1 - GENERAL PROVISIONS › Section 11-50-7 - Fees

Current through June, 2024
(a) Each application for issuance or renewal
				  of a food establishment permit shall be accompanied by the payment of a
				  fee.
(b) No food establishment
				  permit shall be issued or renewed unless all fees required by this chapter are
				  paid.
(c) If an establishment fails
				  to qualify for issuance or renewal of a food establishment permit, no part of
				  the fee will be refunded to the applicant.
(d) A renewal fee for each food establishment
				  shall be paid to the department before the permit expiration date.
(e) The fees shall be based on the following
				  permit categories shown in Table
				  7-1.
				  The permit categories are based on the total number of food operations within
				  the establishment. These food operations include the following:
(1) Receiving;
(2) Cold storage, holding, preparation, and
				  thawing;
(3) Hot storage, holding,
				  and preparation;
(4) Thermal
				  processing;
(5)
				  Transportation;
(6)
				  Cooling;
(7) Reheating;
				  and
(8) Display.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 1 - GENERAL PROVISIONS › Section 11-50-8 - Inspection and correction of violations

Current through June, 2024
(a) Establishing
				  inspection interval.
(1) The department may
				  inspect a food establishment at a frequency based upon the risk of foodborne
				  illness transmission as determined by the department. Inspections shall also be
				  conducted in response to a complaint or an epidemiological investigation of an
				  alleged foodborne illness outbreak;
(2) The department shall be permitted to
				  examine the records of the establishment to get pertinent information regarding
				  food, supplies, and services purchased, received, or used and persons
				  employed.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 1 - GENERAL PROVISIONS › Section 11-50-9 - Placarding

Current through June, 2024
(a) Upon completion of an inspectionf the
				  department may post at the food establishment a color coded placard indicating
				  the compliance status of that establishment. The placard shall be posted in a
				  location clearly visible to the general public and patrons entering the food
				  establishment.
(1) Clearly visible to the
				  general public and patrons means:
(A) Posted
				  in the window of the food establishment within five feet of the main entrance
				  to the establishment;
(B) Posted in
				  a display case (such as a menu box) mounted on the outside wall of the food
				  establishment within five feet of the main entrance to the establishment;
				  or
(C) In the event that a food
				  establishment is operated in the same building as a separately permitted or
				  licensed business, or in the event that a facility shares common patron
				  entrance with a separately permitted facility or licensed business, or in the
				  event of both, posted in the initial patron contact area; or
(D) Posted in any other location approved by
				  the director to ensure proper notice to the general public and
				  patrons.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 1 - GENERAL PROVISIONS › Section 11-50-10 - Embargo and detention

Current through June, 2024
(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 shall be removed only by the department;
(2) Food embargoed or detained pursuant to
				  this subsection shall not be moved or used unless the embargo or detainment has
				  been rescinded;
(3) Within seven
				  days of the embargo or detainment, the director shall:
(A) Extend the holding period for the period
				  of time needed to further investigate the safety of the food being held;
				  or
(B) Rescind the
				  action.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 1 - GENERAL PROVISIONS › Section 11-50-11 - Prevention of foodborne disease transmission by employees

Current through June, 2024
(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 cause a disease that is
				  transmissible through food; or is affected with a boil, an infected wound, or
				  acute respiratory infection, by:
(1) Securing
				  a confidential medical history of the food employee or conditional employee
				  suspected of transmitting disease or making other investigations as deemed
				  appropriate; and
(2) Requiring
				  appropriate medical examinations, including collection of specimens for
				  laboratory analysis, of a suspected food employee or conditional employee.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 1 - GENERAL PROVISIONS › Section 11-50-12 - Permit suspension

Current through June, 2024
(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 within the
				  control of the owner or operator or person in charge.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 1 - GENERAL PROVISIONS › Section 11-50-13 - Variances

Current through June, 2024
(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
				  subsection (b) in its records for the food establishment.
(b) Before a variance from a requirement of
				  this chapter is approved, the information that shall be provided by the person
				  requesting the variance and retained in the department's file on the food
				  establishment including:
(1) A statement of
				  the proposed variance of the chapter requirement citing relevant chapter
				  section numbers;
(2) An analysis of
				  the rationale for how the potential public health hazards and nuisances
				  addressed by the relevant chapter sections will be alternatively addressed by
				  the proposal; and
(3) A HACCP plan
				  if required as specified in section
				  11-50-4(h)(1)
				  that includes the information specified in section
				  11-50-4(h)(2) as
				  it is relevant to the variance requested.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 1 - GENERAL PROVISIONS › Section 11-50-14 - Penalties and remedies

Current through June, 2024
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.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 1 - GENERAL PROVISIONS › Section 11-50-15 - Severability

Current through June, 2024
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.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 2 - PERSONNEL › Section 11-50-20 - Supervision

Current through June, 2024
(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 or more
				  separately permitted departments that are the legal responsibility of the same
				  owner or operator and that are located on the same premises, the owner or
				  operator may, during specific time periods when food is not being prepared,
				  packaged, or served, designate a single person in charge who is present on the
				  premises during all hours of operation, and who is responsible for each
				  separately permitted food establishment on the premises.
(c) Food protection certification.
(1) The person in charge shall demonstrate
				  knowledge of basic food safety by successfully completing a food safety course
				  that is part of a department food safety program or other program approved by
				  the department.
(2) The
				  requirements of this section may be waived by the department for any food
				  establishments deemed by the director to pose minimal risk of causing, or
				  contributing to, foodborne illness based on the nature of the operation and
				  extent of food preparation.
(3)
				  Successful completion of a food safety course may be demonstrated by any valid
				  document intended by an approved program to serve that purpose.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 2 - PERSONNEL › Section 11-50-21 - Employee health

Current through June, 2024
(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
				  are transmissible through food. A food employee or conditional employee shall
				  report the information in a manner that allows the person in charge to reduce
				  the risk of foodborne disease transmission, including providing necessary
				  additional information, such as the date of onset of symptoms and an illness,
				  or of a diagnosis without symptoms, if the food employee or conditional
				  employee:
(A) Has any of the following
				  symptoms:
(i) Vomiting;
(ii) Diarrhea;
(iii) Jaundice;
(iv) Sore throat with fever; or
(v) A lesion containing pus such as a boil or
				  infected wound that is open or draining and is on the hands or wrists, unless
				  an impermeable cover such as a finger cot or stall protects the lesion and a
				  single-use glove is worn over the impermeable cover or on exposed portions of
				  the arms, unless the lesion is protected by an impermeable cover, or on the
				  other parts of the body, unless the lesion is covered by a dry, durable,
				  tight-fitting bandage;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 2 - PERSONNEL › Section 11-50-22 - Personal cleanliness

Current through June, 2024
(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 arms for at least twenty
				  seconds, using a cleaning compound in a handwashing sink that is equipped as
				  specified in sections
				  11-50-61(c) and
				  11-50-72(a) to
				  (f);
(2) Food employees shall use the following
				  cleaning procedure in the order stated to clean their hands and exposed
				  portions of their arms, including surrogate prosthetic devices for hands and
				  arms:
(A) Rinse under clean, running
				  water;
(B) Apply an amount of
				  cleaning compound recommended by the cleaning compound manufacturer;
(C) Rub together vigorously for at least ten
				  to fifteen seconds while:
(i) Paying
				  particular attention to removing soil from underneath the fingernails during
				  the cleaning procedure;
(ii)
				  Creating friction on the surfaces of the hands and arms or surrogate prosthetic
				  devices for hands and arms, finger tips, and areas between the
				  fingers;
(D) Thoroughly
				  rinse under clean, running water; and
(E) Immediately follow the cleaning procedure
				  with thorough drying using a method as specified in section
				  11-50-72(c);
(3) To avoid recontaminating their
				  hands or surrogate prosthetic devices, food employees may use disposable paper
				  towels or similar clean barriers when touching surfaces such as manually
				  operated faucet handles on a handwashing sink or the handle of a restroom
				  door;
(4) If approved and capable
				  of removing the types of soils encountered in the food operations involved, an
				  automatic handwashing facility may be used by food employees to clean their
				  hands or surrogate prosthetic devices.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 2 - PERSONNEL › Section 11-50-23 - Hygienic practices

Current through June, 2024
(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-use
				  articles; or other items needing protection cannot result;
(2) A food employee may drink from a closed
				  beverage container if the container is handled to prevent contamination of:
(A) The employee's hands;
(B) The container; and
(C) Exposed food, clean equipment, utensils,
				  linens, unwrapped single-service, and single-use articles.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 3 - FOOD › Section 11-50-30 - Characteristics

Current through June, 2024
Food shall be safe, unadulterated, and, as specified in
					 section 11-50-35(a),
					 honestly presented.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 3 - FOOD › Section 11-50-31 - Source, specifications for receiving, original containers and records

Current through June, 2024
(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 intended for consumption in raw or undercooked form and allowed as
				  specified in section
				  11-50-33(a) (4),
				  may be offered for sale or service if they are obtained from a supplier that
				  freezes the fish as specified in section
				  11-50-33(e); or
				  if they are frozen on the premises as specified in section
				  11-50-33(e) and
				  records are retained as specified in section
				  11-50-33(f);
(4) Whole-muscle, intact beef steaks that are
				  intended for consumption in an undercooked form without a consumer advisory as
				  specified in section
				  11-50-33(a)(3)
				  shall be:
(A) Obtained from a food processing
				  plant that, upon request by the purchaser, packages the steaks and labels them,
				  to indicate that the steaks meet the definition of whole-muscle, intact beef;
				  or
(B) Deemed acceptable by the
				  director based on other evidence, such as written buyer specifications or
				  invoices, that indicates that the steaks meet the definition of whole-muscle,
				  intact beef; and
(C) If individually
				  cut in a food establishment:
(i) Cut from
				  whole-muscle intact beef that is labeled by a food processing plant as
				  specified in subparagraph (A) or identified as specified in subparagraph
				  (B);
(ii) Prepared so they remain
				  intact; and
(iii) If packaged for
				  undercooking in a food establishment, labeled as specified in subparagraph (A)
				  or identified as specified in subparagraph (B).
(5) Meat and poultry that is not a
				  ready-to-eat food and is in a packaged form when it is offered for sale or
				  otherwise offered for consumption, shall be labeled to include safe handling
				  instructions as specified in law, including
				  9 CFR
				  317.2(1) and 9 CFR
				  381.125(b);
(6) Eggs that have not
				  been specifically treated to destroy all viable Salmonellae shall be labeled to
				  include safe handling instructions as specified in law, including
				  21 CFR
				  101.17(h).
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 3 - FOOD › Section 11-50-33 - Destruction of organisms of public health concern

Current through June, 2024
(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 one of
				  the following methods based on the food that is being cooked:
(A) One hundred forty-five degrees Fahrenheit
				  or above for fifteen seconds for:
(i) Raw eggs
				  that are broken and prepared in response to a consumer's order and for
				  immediate service; and
(ii) Except
				  as specified in subparagraphs (B) and (C) and paragraphs (2) and (3), fish and
				  meat including game animals commercially raised for food as specified in
				  section 11-50-31(g)(1)(A)
				  and game animals under a voluntary inspection program as specified in section
				  11-50-31(g)(1)(B);
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 3 - FOOD › Section 11-50-34 - Limitation of growth of organisms of public health concern

Current through June, 2024
(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
				  Fahrenheit or less;
(2) At any
				  temperature if the food remains frozen.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 3 - FOOD › Section 11-50-35 - Food identity, presentation, and on-premises labeling

Current through June, 2024
(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.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 3 - FOOD › Section 11-50-36 - Contaminated food

Current through June, 2024
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 source
				  as specified in section
				  11-50-31(a) to
				  (g) shall be discarded;
(3) Ready-to-eat food that may have been
				  contaminated by an employee who has been restricted or excluded as specified in
				  section 11-50-21(b) shall
				  be discarded;
(4) Food that is
				  contaminated by food employees, consumers, or other persons through contact
				  with their hands, bodily discharges, such as nasal or oral discharges, or other
				  means shall be discarded.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 3 - FOOD › Section 11-50-37 - Special requirements for highly susceptible populations

Current through June, 2024
(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 included
				  as highly susceptible populations;
(B) Prepackaged juice or a prepackaged
				  beverage containing juice, that bears a warning label as specified in
				  21 CFR
				  101.17(g), juices that have
				  not been specifically processed to prevent, reduce, or eliminate the presence
				  of pathogens, or a packaged juice or beverage containing juice, that bears a
				  warning label as specified in section
				  11-50-33(i)(2)
				  may not be served or offered for sale; and
(C) Unpackaged juice that is prepared on the
				  premises for service or sale in a ready-to-eat form shall be processed under a
				  HACCP plan that contains the information specified in section
				  11-50-4(h)(2)(B) to
				  (E) and as specified in 21 CFR Part 120,
				  entitled "Hazard Analysis and Critical Control Point (HACCP) Systems", Subpart
				  B entitled "Pathogen reduction", 120.24 entitled "Process controls";
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 4 - EQUIPMENT, UTENSILS, AND LINENS › Section 11-50-45 - Materials for construction and repair

Current through June, 2024
(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, and
				  nonabsorbent;
(3) Sufficient in
				  weight and thickness to withstand repeated warewashing;
(4) Finished to have a smooth, easily
				  cleanable surface; and
(5) Resistant
				  to pitting, chipping, crazing, scratching, scoring, distortion, and
				  decomposition.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 4 - EQUIPMENT, UTENSILS, AND LINENS › Section 11-50-46 - Design and construction

Current through June, 2024
(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 sensors or stems that are encased in a shatterproof coating such as candy
				  thermometers may be used.
(c)
				  Food-contact surfaces.
(1) Multiuse
				  food-contact surfaces shall be:
(A)
				  Smooth;
(B) Free of breaks, open
				  seams, cracks, chips, inclusions, pits, and similar imperfections;
(C) Free of sharp internal angles, corners,
				  and crevices;
(D) Finished to have
				  smooth welds and joints; and
(E)
				  Except as specified in paragraph (2), accessible for cleaning and inspection by
				  one of the following methods:
(i) Without
				  being disassembled;
(ii) By
				  disassembling without the use of tools; or
(iii) By easy disassembling with the use of
				  handheld tools commonly available to maintenance and cleaning personnel such as
				  screwdrivers, pliers, open-end wrenches, and Allen wrenches;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 4 - EQUIPMENT, UTENSILS, AND LINENS › Section 11-50-47 - Numbers and capacities

Current through June, 2024
(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 with at least three compartments shall be
				  provided for manually washing, rinsing, and sanitizing equipment and
				  utensils;
(2) Sink compartments
				  shall be large enough to accommodate immersion of the largest equipment and
				  utensils. If equipment or utensils are too large for the warewashing sink, a
				  warewashing machine or alternative equipment as specified in paragraph (3)
				  shall be used;
(3) Alternative
				  manual warewashing equipment may be used when there are special cleaning needs
				  or constraints and its use is approved by the director. Alternative manual
				  warewashing equipment may include:
(A)
				  High-pressure detergent sprayers;
(B) Low- or line-pressure spray detergent
				  fearners;
(C) Other task-specific
				  cleaning equipment;
(D) Brushes or
				  other implements;
(E) One or
				  two-corapartment sinks if only a limited number of utensils need to be washed;
				  or
(F) Receptacles that substitute
				  for the compartments of a multi-compartment sink.
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 4 - EQUIPMENT, UTENSILS, AND LINENS › Section 11-50-48 - Location and installation

Current through June, 2024
(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, and
				  single-service and single-use articles may not be located:
(A) In locker rooms;
(B) In toilet rooms;
(C) In garbage rooms;
(D) In mechanical rooms;
(E) Under sewer lines that are not shielded
				  to intercept potential drips; areas of a retail food store, if the floor under
				  the units is maintained clean;
Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 50 - FOOD SAFETY CODE › Subchapter 4 - EQUIPMENT, UTENSILS, AND LINENS › Section 11-50-49 - Maintenance and operation

Current through June, 2024
(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 intact/ tight, and
				  adjusted in accordance with manufacturer's specifications;
(3) Cutting or piercing parts of can openers
				  shall be kept sharp to minimize the creation of metal fragments that can
				  contaminate food when the container is opened.