Report Title:

Health

Description:

To clarify the primacy of department of health rules regarding the sale of fish. (HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

557

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to health.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

Section 1. The legislature finds that section 11-29-4(d), Hawaii Administrative Rules, prohibits the sale of any fish that have been bruised, torn, or otherwise rendered liable to spoilage; except as provided for in section 188-25, Hawaii Revised Statutes, which permits the sale of certain species of fish taken or killed with a spear. The legislature further finds that:

(1) The reference in the rule to chapter 185, Hawaii Revised Statutes, is incorrect as this chapter addresses land fire protection laws;

(2) Section 188-25, Hawaii Revised Statues, which was repealed in 1999, did refer to fishing with spears; but gave no authority or guidelines concerning the sale of speared fish;

(3) Human health and safety issues, especially those dealing with food consumption, should take precedence over fishing regulations administered through the division of aquatic resources, department of land and natural resources.

Therefore, the purpose of this Act is to clarify the primacy of department of health rules regarding the sale of fish.

SECTION 2. The sale of fish that have been bruised, torn, or otherwise rendered liable to spoilage shall be prohibited. The department of health shall adopt rules to effectuate the purposes of this section.

SECTION 3. This Act shall take effect upon its approval.