FAQ

The law has been in effect as of January 1, 2020. 

A restaurant that offers children’s meals sold with a beverage for a single price must apply for a certificate of approval certifying that:

1. 1. The default beverage offered with the children’s meal contains one or more of the following:
      1. Water, sparkling water, or flavored water, with no added sugar, corn syrup, or other natural or artificial sweeteners.
      2. Unflavored nonfat or low-fat (one percent) dairy milk or non-dairy beverage nutritionally equivalent to fluid milk, in a serving size of eight ounces or less, containing 150 calories or less.
      3. One hundred percent fruit juice or vegetable juice, or fruit juice or vegetable juice combined with water or carbonated water, with no added natural or artificial sweeteners, in a serving size of eight ounces or less.
   2. Restaurant employees verbally offer only the healthy default beverage options if a children’s meal is ordered (e.g., “Would you like water, milk, or juice with your children’s meal?”).
   3. Menus list children’s meals in a separate section of the menu. This section shall list only healthy beverage options for children’s meals (listed above).
   4. All images of children’s meals show an accurate representation of a default healthy beverage.

If you serve a kid’s meal that includes a beverage and do not comply, you will be subject to administrative procedures pending the finalization of the Hawaiʻi Administrative Rules Title 11, Chapter 82, Section 11-82-6. If you serve a kid’s meal that does not include a beverage, this law is not applicable to your restaurant.

This law does not apply to your establishment and you are not required to submit a self-certification form. 

You are still required to submit a certification form. However, this law will not affect your current menu or kid’s meals. If, at a future date, your restaurant decides to serve a kid’s meal inclusive of a beverage, you will be subject to compliance and be required to submit a new certification form. 

The law does not prohibit a restaurant’s ability to sell, or a consumer’s ability to purchase, a substitute or alternative beverage if requested by the consumer. 

If your restaurant has a children’s meal sold with a beverage for a single price, you must submit one representative copy or photo of your restaurant’s children’s meal menu. 

1. Menus must list children’s meals in a separate section of the menu. This children’s meal menu section shall list only healthy beverage options for children’s meals, specifically:
   1. Plain milk and non-dairy beverages nutritionally equivalent to fluid milk shall be listed as: 1% or nonfat milk; or “brand name” of the non-dairy beverage
   2. Juice shall be listed as: 100% juice; or “brand name” of the default beverage
   3. Water shall be listed as “tap,” “sparkling,” or “flavored” water
2. All images of children’s meals shall show an accurate representation of a default healthy beverage.

The law should not affect the pricing for customers and is contingent on each business menu and pricing. 

1. No, you will have to complete one certification form per business.
2. If you own a franchise, one certification form can be filled out for all locations as long as the children’s menus do not differ between locations.

1. Effective January 1, 2020, restaurant operators are required to comply with the provisions of Act 138, Hawai’i Revised Statutes § 321-30.3
2. In October 2020, the FAQ sheet was uploaded to the DOH Food Safety Branch website in multiple languages for food establishments.
3. Pending the finalization of the Hawaiʻi Administrative Rules Title 11, Chapter 82, non-compliance may result in notices of violation and $250 fines for a second violation within five years, not to exceed more than $500.

Yes, you will need to return to this website to self-certify that your restaurant meets the requirements of the law every 2 years or anytime there are changes to your restaurant’s children’s meal menus. 

1. Please explore this website for more information or submit a question through our Contact form.
2. For more information on the law and its requirements, please visit:
   • Act 138, Hawai‘i Revised Statutes § 321-30.3
   • The Hawaiʻi Administrative Rules Chapter 82 Healthy Default Beverages in Children’s Meals will be shared once they are finalized.
3. For FAQs in multiple languages, please visit the DOH Food Safety Branch website.