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.
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.
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 examples | Not allowed examples |
|---|---|
| Jams and jellies | Beef jerky and dried aku |
| Baked goods without custard or cream fillings | Seafood |
| Pickles, kimchi and salsa (plant foods only) | Dried melons and dried tomatoes |
| Juice sold direct to the consumer | Vacuum-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.
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 selling | Allowed? |
|---|---|
| In person: fundraisers, craft fairs, farmers markets | Yes |
| By phone or online | Yes |
| Through an agent or a third-party vendor | Yes |
| Delivery by you, an agent, mail or shipping | Yes |
| Resale by permitted shops and restaurants | Yes, with a written homemade disclosure |
| Hand-pounded poi | Direct 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.
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.
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 →