STARTING A HOMEMADE FOOD OPERATION
Hawaii Administrative Rules (HAR) Chapter 11-50 Food Safety Code
DEFINITIONS:
Homemade Food
Operation
A person that
produces or
packages
homemade food
products only in the
home kitchen of
that person’s primary
home.
Homemade Food
Product
A food that is not a
potentially hazardous
food produced or
packaged in a home
kitchen.
Home Kitchen
A kitchen designed
and intended for use
by the residents of a
home.
Potentially Hazardous
Food
A food that requires
time/temperature
control for safety to
limit foodborne
illness.
Homemade Food
Operations remain
subject to DOH
inspections to
investigate consumer
complaints and
potential foodborne
illness outbreaks.
HOMEMADE FOOD OPERATIONS
Under HAR 11-50-3, Homemade Food (HMF) sales are allowed and exempt
from the requirement of a food establishment permit. HMF operations can
only make food that is not potentially hazardous. Operators can use their
home kitchen to produce products to sell directly to consumers. HMF sales
by internet, mail order, consignment or at wholesale are not allowed.
FOODS NOT ALLOWED AS HOMEMADE FOOD PRODUCT
Foods not allowed include fermented foods, acidified foods, canned or
bottled foods, dried meats or seafood, low acid canned foods, and garlic in
oil. Examples of these foods include: kimchee, pickles, beef jerky, and the like.
APPROVED HOMEMADE FOOD PRODUCTS & LABELING
As an HMF operator, you are allowed to produce food items which are
considered not potentially hazardous. The following products can be made
from your home kitchen:
· Breads, rolls, mochi
· Cakes, cookies, and pastries
· Candies and confections
· Jams, jellies, and preserves
· Cereals, trail mixes, and granola
· Popcorn
Cheesecakes, custard pies, cream puffs & pies and similar food items that
require refrigeration will not qualify as an HMF.
All HMF products require specific labeling with the following information:
1. A statement that reads “Made in a home kitchen not routinely inspected
by the Department of Health”.
2. Common name of the product or descriptive name.
3. Ingredient list if made from 2+ ingredients, listed in descending order of
predominance by weight.
4. Name and contact information of the homemade food product operator.
This list does not include all,
but it covers most types of
approved homemade food
products.
HMF
Homemade Food
CHOCOLATE CHIP COOKIES
INGREDIENTS: Flour, butter, sugar, chocolate chips, eggs, vanilla
extract, baking soda, salt
Made in a home kitchen not routinely inspected by the Department of Health
YUM YUM COOKIE CO. ● PO BOX 99945 AIEA, HI 96701 ● (808)586-1234
Example:
FAQ
Why are some food products not allowed to be made and sold as a Homemade Food
Product?
Products allowed as Homemade Foods are considered low risk foods. Since
Homemade Food Operations are not routinely inspected by DOH, it is necessary to
limit food products to those that are considered low risk, or not potentially hazardous.
The Farmers Market I want to sell my homemade food product says I need a “food permit”.
Can they require a permit?
Yes. Some farmers markets and other events require you to obtain a Special Event
permit. You are exempt from obtaining a DOH permit, but are still subject to rules and
regulations of other agencies and departments. If you need a Special Event permit from
us, you may complete an application and we will process it. Applications are available
at: http://health.hawaii.gov/san/special-event-permit-applications/
Can I serve samples of my homemade food product?
Yes, but you cannot modify or add ingredients to your product that would make it a
potentially hazardous food. For example, if your homemade food product is loaf bread,
you cannot serve a sample with cheese or bruschetta.
If you serve unpackaged samples, you will need to obtain a Special Event Food
Establishment Permit. This requires payment of a permit fee and availability of a
handwashing sink at your food booth.
Can I sell my homemade food product to my favorite restaurant or grocery store?
No. Homemade food products are not considered to be an approved source for use in
a restaurant or sold in a store. HAR 11-50-31(a)(2) states that food made in a private
home may not be used or offered in a food establishment. Homemade food products
must be sold directly to the consumer.
Where can I sell my homemade food product?
You may sell your product at for-profit and non-profit events such as farmers markets,
craft fairs, fundraisers, bake sales and by any other means where you sell directly to the
consumer.
How do I know if my homemade food product is considered not potentially hazardous?
If you have any questions regarding the production of a particular homemade
food product, please contact your local Sanitation Branch office. Contact information
is available at: http://health.hawaii.gov/san/contact-us/
FOOD SAFETY CERTIFICATION FOR OPERATORS
HMF operators are required to obtain food safety training from DOH or from a program approved
by DOH. Upon completion of the training, operators must be able to demonstrate knowledge of
basic food safety and present documentation as proof of completion.
American National Standards Institute (ANSI) accredited courses will meet this requirement. You
can access the current DOH schedule of FREE food safety classes and a list of organizations that
offer ANSI accredited online courses at: http://health.hawaii.gov/san/food-safety-education/
