Honolulu, Hawaii

, 2019


RE: H.B. No. 142

H.D. 2





Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii




Your Committee on Health, to which was referred H.B. No. 142, H.D. 1, entitled:




begs leave to report as follows:


The purpose of this measure is to require any restaurant that offers a children's meal to offer water, non-flavored milk, a nondairy milk substitute that has no more than 130 calories per container or serving, or no more than eight fluid ounces of fruit or vegetable juice as the default beverage choice accompanying the meal.


The following testified on the measure as received by your Committee: A few individuals testified in support of this measure. The Department of Health, American Beverage Association, Hawaii Restaurant Association, and American Heart Association provided comments.


Your Committee prepared a proposed H.B. No. 142, H.D. 2 (Proposed Draft), posted notice of the hearing on the Proposed Draft, made the Proposed Draft available, and took testimony on the Proposed Draft. The following testified on the Proposed Draft: The Hawaii Restaurant Association and Kahoomiki provided comments.


The Proposed Draft amends the measure as received by your Committee by removing the substantive language of the measure and including language that would require restaurant and food concessions with at least 15 establishments to provide the total number of calories for each standard menu item listed.


After careful consideration and noting that the testimony was overwhelmingly in favor of the measure as received by your Committee, your Committee determined that it would not serve the public interest to adopt the Proposed Draft.


Your Committee has amended the measure as received by:


(1) Including fruit and vegetable juices in the list of acceptable default beverage options for a child's meal at a restaurant;


(2) Amending the definition of restaurant to broaden the scope and applicability of the measure;


(3) Changing the effective date to July 1, 2050, to promote further discussion; and


(4) Making technical, nonsubstantive amendments for clarity, consistency, and style.


As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 142, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 142, H.D. 2, and be referred to your Committee on Consumer Protection & Commerce.



Respectfully submitted on behalf of the members of the Committee on Health,