{"id":"DUT-HI-013","kind":"duty","level":"state","jurisdiction":"Hawaii","state":"HI","metro":"","industry":"","agency":"","eco":"","issuer":"Department of Health, Sanitation Branch (Food Safety Branch)","authority":"HRS §§ 321-9, 321-10, 321-11 (rulemaking on sanitation of restaurants and food establishments); HRS § 321-18 (penalty)","instrument":"Hawaii Administrative Rules, Title 11, chapter 50, Food Safety Code, in particular §§ 11-50-11 (Prevention of foodborne disease transmission by employees), 11-50-20 (Supervision) and 11-50-21 (Employee health)","title":"Food Safety Code","dateIssued":"2014-02-24","effective":"standing throughout 2020 Q2 to 2021 Q3","end":"standing (amended again Aug. 24, 2025, after the period)","startDate":"2014-02-24","endDate":"2025-08-24","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","COND","EMP","CLOSE"],"addressees":["specified businesses (every permitted food establishment: restaurants, markets, food manufacturers, institutional and retail food operations); owners or operators; the person in charge; food employees and conditional employees"],"clause":"The person in charge shall exclude or restrict a food employee from a food establishment... exclude a food employee if the food employee is: (A) Symptomatic with vomiting or diarrhea... [§ 11-50-11(b):] the department may issue an order... (3) Closing the food establishment by summarily suspending a permit to operate","enforcement":"summary suspension of the permit to operate and closure (§ 11-50-11(b)(3), § 11-50-12(c)); orders of restriction or exclusion (§ 11-50-11(c)); misdemeanor for violation of Department rules (HRS § 321-18)","functions":[],"notes":"Every food establishment\u0027s owner or operator was bound to require food employees to report symptoms and diagnoses of diseases transmissible through food, the person in charge was bound to exclude or restrict symptomatic employees, and the Department held standing power, on \u0027reasonable cause to believe that a food employee... has possibly transmitted disease... or is affected with... acute respiratory infection,\u0027 to order restriction or exclusion \u0027without prior warning, notice of a hearing, or a hearing\u0027 and to close the establishment by summary suspension of its permit.","sourceUrl":"https://health.hawaii.gov/opppd/files/2015/06/Ch-50-revison-standard-2-8-2017.pdf","snapshot":"","fileExists":true,"fileBytes":715545,"grade":"primary","character":"sanitary_code_duty","description":"","collection":"DUT-HI","url":"/library/DUT-HI-013","exhibitUrl":"/exhibit/DUT-HI-013","citation":"Department of Health, Sanitation Branch (Food Safety Branch), Hawaii Administrative Rules, Title 11, chapter 50, Food Safety Code, in particular §§ 11-50-11 (Prevention of foodborne disease transmission by employees), 11-50-20 (Supervision) and 11-50-21 (Employee health) (standing) (Ex. DUT-HI-013)","stateName":"Hawaii","related":["DUT-HI-014"]}