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Notice #: 05528619
Public Notices



Docket # R-3-07
Adoption of Emergency Amendments
Proposed Adoption of Permanent Amendments to

Chapter 11-12, Hawaii Administrative Rules
“Food Establishment Sanitation”
to Aid Feeding the Homeless

The department notifies the public that under section 91-3(b), Hawaii Revised Statutes (HRS), it adopts emergency amendments to Chapter 11-12, “Food Establishment Sanitation\u201D Hawaii Administrative Rules (HAR).
The effective date of the emergency rule is April 3, 2007. Following section 91-3(b), HRS, the emergency rule is in effect for 120 days following the effective date and may not be renewed.
Under section 91-3(b), HRS, the department finds that an imminent peril to the public health requires amendment of HAR chapter 11-12 without prior notice or hearing. The imminent peril exists because homeless people in the State, including children, are going hungry, notwithstanding existing public and private programs to aid the homeless.
After balancing the broad policies of promoting food sanitation and alleviating the dire need to feed hungry homeless people (particularly children), and especially to prevent worse sanitation cases of scavenging for food; and in view of the strong motivation and best intentions of individuals and groups to help the homeless in a safe way, the department finds that an emergency amendment is needed for the limited purpose of providing more food to the homeless.
The amendments to HAR chapter 11-12 exclude certain kitchens and places from coverage under the chapter by changing the definition of a “food establishment.” Specifically, the amendments exclude from the chapter kitchens when used only to prepare food for the homeless, for free, and locations when used only to serve food to the homeless, thus relieving those excluded food preparers and servers from having to get department permits. Most home kitchens currently lack the facilities needed to meet the rules.
The department will provide priority free food handling training for people who want to prepare and serve food to the homeless in the most sanitary way, and the department will provide priority permit processing for those seeking to feed the homeless from mixed use kitchens that need a permit.
The department also announces that such emergency amendments shall be made permanent amendments to chapter 11-12, HAR. Pursuant to 321-11 and chapter 91, HRS, the Department of Health will hold a public hearing on May 15, 2007 at 9:00 a.m., at the following locations:

Island of Oahu
(formerly AAFES Building)
919 Ala Moana Boulevard, 5th Floor
Honolulu, Hawaii 96814
(limited metered parking)

and by video conferencing:

Island of Maui
Public Health Emergency Preparedness Office
210 Imi Kala Street #204
Wailuku, Hawaii 96793

Island of Hawaii
Hilo Environmental Health Building
1582 Kamehameha Avenue
Hilo, Hawaii 96720

Island of Kauai
Lihue Health Center
3040 Umi Street
Lihue, Hawaii 96766

to hear all persons interested in the proposed adoption of Chapter 11-12, HAR, “Food Establishment Sanitation.”
All interested persons may submit data, views or comments on these amendments in oral or in written form to the Hawaii State Department of Health, Sanitation Branch at or before the hearing. All written and oral submissions shall be fully considered. Persons wishing to submit written testimony are requested to submit one copy of their testimony to the Sanitation Branch, 591 Ala Moana Boulevard, Honolulu, HI 96813.
Copies of these emergency and proposed permanent amendments and the department’s rationale may be examined in person at the Department of Health, Sanitation Branch, Ala Moana Health Center, 591 Ala Moana Boulevard, Honolulu, Hawaii 96813, (808) 586-8000; Hawaii District Health Office, 1582 Kamehameha Avenue, Hilo, 96720, (808) 933-0917; Kauai District Health Office, 3040 Umi Street, Lihue 96766, (808) 241-3566; and Maui District Health Office, 54 High Street, Wailuku 96793, (808) 984-8230. In addition, the rule amendment may be reviewed and downloaded free of charge from the Department of Health website:
Copies will also be mailed upon written or telephone at (808) 586-8000 request to the Sanitation Branch, 591 Ala Moana Blvd., Honolulu, HI, 96813. You may pick up a copy between the hours of 7:45 a.m. to 4:30 p.m., Monday through Friday, excluding holidays.
Any person desiring to attend the hearing and requiring an accommodation (including taped materials or sign language interpreter) may request assistance up to seven working days prior to the scheduled hearing. This request may be made by writing to the Sanitation Branch at the previously noted Honolulu address or by calling (808) 586-8000 or Text Telephone (TTY) Users Dial 586-4576 (Oahu).

Chiyome Leinaala Fukino, M.D.
(SB05528619 4/11/07) Department of Health