Section 11-50-3 - Permits, special events, homemade food products and hand-pounded poi, and exemptions(a) Permits. No person may operate a food establishment without a valid permit issued by the director, which shall remain valid for one year from the date of issuance unless suspended by the director, after which it shall become void unless renewed in accordance with section 11-50-4, except as otherwise provided in this section.(b) Special events. Any person who intends to operate a food establishment in conjunction with a special event may apply for a special event permit; (1) A special event permit shall not be issued until the applicant has submitted documents and information in accordance with, and otherwise conforms to, the requirements of section 11-50-4.(2) The director may issue a special event permit to operate a food establishment in conjunction with a special event only if the documents and other information provided pursuant to section 11-50-4, or otherwise requested by the director, are consistent with the protection of public health and the environment.(3) The director may attach special conditions to any special event permit that, in its discretion, is reasonably necessary to mitigate any potential impact on public health or the environment associated with the special event. Any violation of a special condition shall be enforceable as a violation of this chapter.(4) A special event permit shall be valid only for the particular dates of operation, or period(s) of operation, indicated on the special event permit, and in no event shall the particular dates or period(s) of operation indicated on any one permit cumulatively exceed thirty-one days in a three hundred sixty-five day period,(5) Any person who operates a food establishment in conjunction with a special event shall comply with all the requirements of this chapter except sections 11-50-70, 11-50-71, 11-50-72(d)-(k), 11-50-73 and 11-50-74.(c) Homemade food products and hand-pounded poi. Any person who operates a food establishment that produces or packages only homemade food products in a home kitchen or only produces hand-pounded poi shall be exempt from the provisions of this chapter, except that they shall remain subject to the inspection in accordance with section 11-50-8 and, the provisions of sections 11-50-10, 11-50-11, 11-50-14, and shall adhere to the following special conditions, violations of which shall constitute violations of this chapter:(1) Obtain food safety certification in accordance with section 11-50-20(c);(2) Ensure that a handwashing sink with appropriate cleaning compound is available at all times during food preparation activities and is used to maintain cleanliness pursuant to sections 11-50-22(b) and (c);(3) Label all food in accordance with the requirements of section 11-50-35(c); and (4) Distribute food products only directly to the consumer.(d) Exemptions. The following food establishments shall be exempt from the provisions of this chapter except that they shall remain subject to inspection in accordance with section 11-50-8 and the provisions of sections 11-50-10, 11-50-11, and 11-50-14, and shall adhere to the following special conditions, violations of which shall constitute violations of this chapter: (1) A food establishment that is inspected by another federal, state or county regulatory agency, provided that the agency has entered into a memorandum of understanding or a memorandum of agreement with the director and the agency maintains regulatory responsibility for the establishment;(2) A food establishment that sells or otherwise distributes only prepackaged foods that are not potentially hazardous food (time/temperature control for safety food) manufactured and packaged in a food establishment permitted by the director or otherwise approved by an equivalent agency in another jurisdiction;(3) A food establishment that sells or otherwise distributes only pre-packaged frozen confections produced in a food establishment permitted by the department or otherwise approved by an equivalent agency in another jurisdiction;(4) A food establishment that sells or otherwise distributes only not potentially hazardous hot beverages served directly into sanitary single-service articles; and(5) A home kitchen operated by a child-care provider where food is served to no more than twelve children, or a home kitchen operated by an adult-care provider or bed-and-breakfast where food is served to no more than six guests, so long as the person in charge obtains food protection certification pursuant to section 11-50-20(c), food operations are limited to those risk categories enumerated in section 11-50-7(e) (1)-(4), and signage, with lettering no smaller than one inch in height, remains posted at the entrance to the kitchen within the home notifying any consumer that the food served is "Made in a home kitchen not routinely inspected by the Department of Health". [Eff FEB 24 2014] (Auth: HRS § 321-11) (Imp: HRS § 321-11)