Honolulu, Hawaii


RE: S.B. No. 549

S.D. 1




Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii




Your Committee on Commerce, Consumer Protection, and Health, to which was referred S.B. No. 549 entitled:




begs leave to report as follows:


The purpose and intent of this measure is to require restaurants that sell children's meals which include a beverage to make the default beverage a healthy beverage beginning January 1, 2020.


Your Committee received testimony in support of this measure from the Department of Health; American Heart Association; American Diabetes Association; Hawaii Public Health Association; Hawaii Public Health Institute; Blue Zones Project-Hawaii; Ka Ohana O Na Pua; Hawaii Dental Hygienists' Association; Hawaii Primary Care Association; Kahoomiki, Hawaii Council on Physical Activity and Nutrition; We Are One, Inc.; Hawaii Children's Action Network; Hawaii Association for Health, Physical Education, Recreation, and Dance; fifty-seven individuals; and a petition signed by two hundred twelve individuals. Your Committee received comments on this measure from the Hawaii Restaurant Association and American Beverage Association.


Your Committee finds that over the past thirty years, Hawaii has experienced an unprecedented increase in obesity and chronic conditions like type 2 diabetes, heart disease, liver disease, and tooth decay. Sweetened sugary drinks have been identified by numerous scientific studies as a major contributor to the obesity epidemic, and the Centers for Disease Control and Prevention recommends decreasing sugar sweetened beverages to prevent and reduce obesity. Requiring retail food establishments to provide a healthy default beverage as part of a children's meal encourages healthier choices when families eat outside the home.


Your Committee has amended this measure by:


(1) Expanding the definition of "restaurant";


(2) Adding a definition of "one hundred per cent fruit juice or vegetable juice" and including this in the list of default beverages;


(3) Clarifying the permissible types of milk and non-dairy beverages that may be offered as a default beverage;


(4) Clarifying that no sugar or corn syrup can be added to the default beverage options of flavored water or fruit;


(5) Specifying that the Department of Health may levy fines for violations; and


(6) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.


As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection, and Health that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 549, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 549, S.D. 1, and be placed on the calendar for Third Reading.


Respectfully submitted on behalf of the members of the Committee on Commerce, Consumer Protection, and Health,