Comprehensive Guide to Hawaii Cottage Food (“Homemade Food”) Laws
This guide provides a holistic overview of Hawaii’s cottage food (homemade food) regulations, including recent legislative changes like Act 195 (HB 2144) effective August 24, 2025. It covers everything entrepreneurs need to know—from allowed foods and labeling to training, sales venues, and practical steps to start.
Quick Facts
| Requirement | Hawaii |
|---|---|
| Annual Sales Limit | None – unlimited revenue allowed |
| License Required | No state permit or registration required |
| Registration Required | No |
| Home Inspection | No home kitchen inspection required |
| Food Safety Training | Yes – state‑approved food safety course (ANSI‑accredited), valid 3 years |
| Labeling Required | Yes – product name, ingredients (descending), producer name/address, allergen info, disclaimer (“Made in a home kitchen not routinely inspected by the Department of Health”) |
| Online Sales | No – online/mail/shipping prohibited (subject to clarification post‑Aug 2025 for some wholesale) |
| Delivery | Yes – direct home delivery or pickup allowed |
| Shipping | No – shipping via commercial carriers prohibited |
1. Overview / Introduction
Hawaii refers to its cottage food law as the “Homemade Food” program, governed by Hawaiʻi Administrative Rules (HAR), Title 11, Chapter 50. While earlier rules (effective since at least 2017) allowed sales of non‑potentially hazardous foods from home kitchens without permits, a major update came in 2024. Act 195 (HB 2144), passed by the legislature in 2024, expanded the law and took effect August 24, 2025, under HAR updates (pickyourown.org).
2. Sales Limits
- No annual revenue cap: Entrepreneurs may generate unlimited income under Hawaii’s cottage food law (ij.org).
3. Licensing & Registration
- No permit, no registration, and no licensing required by the state to operate; cottage food operations are exempt from food establishment permits (ij.org).
- Act 195 (HB 2144) contemplated a permit requirement under HRS §328‑B, but current practice continues without permit or registration, relying on training and rule compliance (data.capitol.hawaii.gov).
4. Training Requirements
- Food safety training is required: Operators must complete a state‑approved food safety course (ANSI‑accredited) before selling (ij.org).
- Cost: Often free via DOH workshops or ~$10–15 online via providers like FoodSafePal; valid for three years (cottagecms.com).
5. Home Kitchen Inspection
- No inspection required: Home kitchens are not routinely inspected by DOH (ij.org).
6. Allowed Foods
- Traditional non‑potentially hazardous foods allowed, including baked goods (bread, cookies, cakes without cream fillings), jam, jellies, preserves, candies, confections, popcorn, nut butters, dried fruits, cereals, and uniquely, hand‑pounded poi (ij.org).
- As of August 24, 2025, additions include pickled, fermented, and acidified plant foods (e.g. kimchi, sauerkraut, pickled vegetables) provided they meet one safety test: pH ≤ 4.2 or water activity (aw) ≤ 0.88 (cottagecms.com).
7. Prohibited Foods
- Time/Temperature Control for Safety (TCS) foods are prohibited: includes cream‑filled items, dairy products, fresh meat, seafood, cut produce, and low‑acid canned goods, garlic‑in‑oil, etc. (ij.org).
- Acidified or fermented foods remain prohibited unless safety criteria are met — now permissible only if pH/aw requirements are satisfied (cottagecms.com).
8. Labeling Requirements
- Labels must include:
- Common product name
- Ingredient list in descending order
- Producer name and contact info
- Statement: “Made in a home kitchen not routinely inspected by the Department of Health.”
- For hand‑pounded poi: “This hand‑pounded poi was prepared in a facility not inspected by the Department of Health.” (ij.org).
- Allergen information per FDA’s 9 major allergens must be listed (cottagecms.com).
9. Where You Can Sell
- Allowed: Direct, in‑person sales at farmers markets, roadside stands, special events, and home pickup or delivery (ij.org).
- Prohibited: Online sales, mail orders, shipping, deliveries by commercial carrier to consumers, restaurant/retail outlet sales unless wholesale for non‑TCS products post-August 2025 (ij.org).
- As of August 2025, limited third‑party and wholesale sales of non‑TCS products are allowed (cottagecms.com).
10. Sales Tax (GET)
- The sources provided do not explicitly cover Hawaii’s General Excise Tax (GET) details for homemade food producers. Entrepreneurs should verify GET obligations with the Hawaii Department of Taxation or their county government.
11. Special Exemptions
- Hand‑pounded poi is explicitly recognized and protected, with its own labeling requirement (see Section 8) (ij.org).
- Act 195 emphasizes expansion to benefit local entrepreneurs —particularly post‑Maui wildfires— but does not override local county rules, so local ordinances may impose further restrictions (data.capitol.hawaii.gov).
12. Getting Started
Actionable steps to begin:
- Complete state‑approved food safety training (free DOH workshop or ~ $10–15 ANSI‑accredited online). Keep certificate on file.
- Confirm with county authorities if any additional local business licenses or GET registration is needed.
- Develop recipes for non‑TCS foods; if making fermented or pickled products, test and document pH (≤ 4.2) or water activity (aw ≤ 0.88).
- Design labels including all required elements (ingredient list, contact info, allergen info, and appropriate disclaimer). Label example for hand‑pounded poi as provided above.
- Choose sales venues—farmers markets, roadside stands, events, or home pickup/delivery is allowed. For non‑TCS wholesale or third‑party sales post‑August 2025, confirm venue requirements.
- Maintain records, especially for pH/aw testing if applicable.
- Stay updated: Rules evolve—monitor the Hawaii DOH Food Safety Branch website or news releases for updates.
13. Official Resources
- Hawaii DOH Food Safety Education (Food Safety Branch)
- Hawaii DOH newsroom: “DOH adopts updates to Food Safety Code” (Aug 25, 2025) (health.hawaii.gov)
- Hawaii Legislature: Text of HB 2144 Act 195 (2024 Session) (data.capitol.hawaii.gov)
- Hawaii Administrative Rules, Title 11 Chapter 50 (effective Aug 24, 2025) (via DOH site/news)
- Institute for Justice summary of Hawaii cottage food laws (2017‑2025) (ij.org)
- PickYourOwn cottage food laws summary (2017 rules) (pickyourown.org)
Official Sources
This guide was compiled from the following official sources:
Important Notes
⚠️ Online sales remain a gray area: legislative intent from HB 2144 suggests expansion, but cottage food resources still state prohibited—verify with Hawaii DOH before proceeding.
⚠️ Inter-county or local ordinances may impose additional requirements—consult county governments.
⚠️ General Excise Tax (GET) obligations not covered in these sources—seek guidance from Hawaii Department of Taxation.