6 min read

Hawaii Cottage Food Law

Hawaii cottage food law lives in the Department of Health food safety rules, which call it a homemade food operation. Make shelf-stable foods in your home kitchen and you need no food establishment permit, just a food safety certificate, a handwashing sink and a proper label. You can sell in person, by phone or online, ship by mail, and even sell through restaurants and shops that resell your product.

Hawaii cottage food law: map of the United States with Hawaii highlighted
PermitNot neededNo food establishment permit for a home kitchen that makes only homemade food products, though inspectors may still visit.HAR 11-50-3(c)
TrainingRequiredFood safety certification from a Department of Health class or an approved program. ANSI-accredited courses count.
Online and shippingAllowedSell by phone or internet and deliver yourself, through an agent, by mail or by shipping.
Stores and restaurantsAllowedPermitted food establishments may buy and resell your product, with a written homemade disclosure.
01

Hawaii's version of a cottage food law

Hawaii has no separate cottage food act. The rules sit in Hawaii Administrative Rules chapter 11-50, the state Food Safety Code. A person who produces or packages only homemade food products in a home kitchen is exempt from most of that chapter, with a short list of conditions.

HAR 11-50-3(c)An operation that produces or packages only homemade food products in a home kitchen is exempt from the chapter, but stays subject to inspection and must get food safety certification, keep a handwashing sink ready, label all food and distribute it as the rule allows.

A home kitchen means a kitchen designed and intended for use by the residents of a home. The same exemption covers people who only make hand-pounded poi, under stricter sales rules.

02

Which homemade foods Hawaii allows

Homemade food products are foods that don't need time or temperature control for safety. Plant foods that are pickled, fermented or acidified also qualify, if they reach a pH of 4.2 or lower or a water activity below 0.88. Testing that is up to you.

Allowed examplesNot allowed examples
Jams and jelliesBeef jerky and dried aku
Baked goods without custard or cream fillingsSeafood
Pickles, kimchi and salsa (plant foods only)Dried melons and dried tomatoes
Juice sold direct to the consumerVacuum-packed foods
Canned foods, except jams and jellies

Salsa and other foods with cut tomatoes are allowed, but must be kept refrigerated at 41°F or below. Pickled cantaloupe and other melon-family fruits are excluded.

03

Where and how you can sell

Hawaii is generous here. The rule lets you sell directly or through others, in person or remotely, and deliver however suits you.

Way of sellingAllowed?
In person: fundraisers, craft fairs, farmers marketsYes
By phone or onlineYes
Through an agent or a third-party vendorYes
Delivery by you, an agent, mail or shippingYes
Resale by permitted shops and restaurantsYes, with a written homemade disclosure
Hand-pounded poiDirect to the consumer only

A restaurant that serves your product or uses it in a menu item needs a written disclosure that it is a homemade food product, and must show your label to any customer who asks. The Department of Health also warns that the FDA does not recognize homemade food products as an approved source.

A farmers market or fair may still insist on a Special Event permit from its vendors. The state does not require one for homemade food, but if an organizer does, send the application to the Food Safety Branch and it will review and sign it.

04

Training, kitchen and inspections

  • A food safety certificate, earned in a Department of Health class or an approved program; ANSI-accredited online courses qualify.
  • A handwashing sink with soap, available and used during all food preparation.
  • Every product packaged the way it is sold, and labeled.
  • Your kitchen stays open to Department of Health inspection.

Hawaii's rules set no yearly sales cap and no registration step for homemade food operations.

05

When you outgrow the homemade food rules

Making jerky, cream-filled pastries or other foods outside the homemade list, or cooking outside your home kitchen, means a Department of Health food establishment permit. Packaged food from a permitted food establishment is labeled as 21 CFR 101 specifies (HAR 11-50-31), so plan for a net quantity, full ingredient list and often a Nutrition Facts panel.

FDA Food Labeling Requirements →
The label

What your Hawaii homemade food label must say

Every homemade food product carries a label with these five items.

  1. 1
    The statement
    Word for word, on every product.
  2. 2
    Common name
    The usual name of the food, or a clear descriptive name if it has none.
  3. 3
    Ingredients
    For foods with two or more ingredients: ingredients and sub-ingredients by weight, heaviest first.
  4. 4
    Major food allergens
    A notice of any major food allergens the product contains.FDA Major Food Allergens →
  5. 5
    Name and contact information
    Who made it and how to reach them.
  6. Required statement, word for wordCopy exactlyMade in a home kitchen not routinely inspected by the Department of Health
Questions

Hawaii Cottage Food Law: questions

Not under that name. Hawaii's Food Safety Code, HAR chapter 11-50, exempts homemade food operations from the food establishment permit, and that is how home food businesses work in Hawaii.

Your Hawaii label, ready in minutes

Free preview, no account. $29 when you're ready to print.

Start a label