Is Unpasteurized Cheese Legal in Hawaii After the 2026 Policy Reforms?

Yes, unpasteurized cheese is legal in Hawaii but subject to strict federal and state regulations, including FDA compliance and mandatory aging periods. The Hawaii Department of Health enforces additional inspections, while the 2026 FDA Food Code updates may further restrict raw-milk cheese imports. Retail sales require adherence to labeling and sourcing protocols.

Key Regulations for Unpasteurized Cheese in Hawaii

  • FDA Pasteurized Milk Ordinance (PMO) Compliance: Cheese must be aged ≥60 days at ≥35°F (2°C) unless produced under a variance, per 21 CFR §133.182. Hawaii accepts this federal standard but conducts secondary inspections.
  • Hawaii Department of Health (HDOH) Permits: Retailers must secure a Food Establishment Permit (FEP) and comply with Chapter 46-15, Hawaii Administrative Rules, which mandates source verification for raw-milk cheeses.
  • 2026 FDA Food Code Alignment: Pending updates may require additional hazard analysis (HACCP) for raw-milk cheeses sold in Hawaii, aligning with federal guidance on Listeria monocytogenes risks. Producers must monitor FDA bulletins for enforcement shifts.

Violations trigger immediate embargoes under HDOH’s Food Safety Program, with penalties up to $10,000 for repeat offenses. Imported raw-milk cheeses face heightened scrutiny at Honolulu ports, where USDA inspectors verify aging logs and origin certificates. Local producers operating under cottage food exemptions (HRS §328-1) are barred from selling unpasteurized cheese unless licensed under a dairy farm variance.