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Product Recall Insurance in Hawaii

Hawaii’s food code, effective August 24, 2025, gives a food owner seven days from the tag date to request a hearing; separately, the Director must extend or rescind the embargo within seven days of detention. The official HRS §328-26 text retrieved from the legislature’s January 5, 2026 code volume assigns specified post-judgment destruction, storage, and court costs to the claimant and allows supervised correction only under stated conditions; later amendments were not independently checked. 1,2,3

What Is Product Recall?

Product recall insurance can pay specified costs to locate and withdraw a product after a covered problem. It fits businesses that could face recall logistics; product liability does not automatically pay those costs, so compare the trigger and covered expenses. Read the national Product recall guide.

What to Watch for in Hawaii

  • Track Both Seven-Day Clocks

    Under HAR §11-50-10(a)(3), the Director must extend the holding period for further safety investigation or rescind an embargo within seven days. Separately, the food owner has seven days from tag affixation to request a hearing in writing; without a request, the department’s findings become final and the owner or establishment operator must dispose as directed. Calendar both dates and ask how the quote treats storage and response costs during the hold. 1

  • Compare Court And Storage Costs

    The official HRS §328-26 text retrieved from the legislature’s current-code directory assigns destruction under health-department supervision, court costs and fees, storage, and other proper expenses to the claimant after a court finds a detained or embargoed article adulterated or misbranded. The code directory copy is dated January 5, 2026; later amendments were not checked. Compare those categories with the policy’s defined recall expenses. 2

  • Check The Correction Conditions

    Under the retrieved HRS §328-26 text, correction is limited to problems fixable by proper labeling or processing; after judgment, costs must be paid and a sufficient bond executed before a court may return the article for work under department supervision, which the claimant pays. Ask whether relabeling, reprocessing, bond, and supervision are treated separately from destruction costs. Post–January 5, 2026 amendments were not checked. 2

  • Check The Home-Kitchen Exception

    HAR §11-50-3 exempts certain producers of homemade food made only in a home kitchen from most chapter requirements, but retains inspection and §§11-50-10, 11-50-11, and 11-50-14, along with specified labeling and direct-to-consumer conditions. If your product fits that route, describe it separately in the application and confirm the policy’s product definition and trigger. The 2025 DOH rule update identifies homemade-food sales among the amendment topics. 1,3

Who Regulates Insurance in Hawaii

Hawaiʻi Insurance Division

The Insurance Division oversees insurance companies and producers, examines Hawaiʻi-based insurers, reviews rate and policy filings, and investigates insurance complaints. It is part of the Department of Commerce and Consumer Affairs. 4,5,6

Surplus-lines tax and stamping office

Reported tax rate: 4.68% of premium when Hawaiʻi is the home state Hawaiʻi applies a 4.68% tax when it is the insured’s home state. Surplus-lines coverage is placed with an unauthorized insurer, so do not assume the Hawaiʻi Insurance Guaranty Association protects the policy; confirm the insurer’s status and policy terms with your broker. 7,8

Providers With Documented State Licenses

No provider in Spot’s research documents both a state license record and this coverage line. This does not establish that providers are unlicensed. Check the regulator’s license lookup and confirm availability with a provider when requesting a quote.

Questions to Ask Before You Buy in Hawaii

  1. Who will track both the Director’s seven-day action deadline and the owner’s seven-day written hearing-request deadline after a tag is affixed?
  2. Does my operation qualify for the home-kitchen homemade-food route, and does my application describe those products and direct-to-consumer sales separately?
  3. Does the quote treat storage, court costs, bond, supervised reprocessing, and destruction as distinct recall expenses?
  4. Were any HRS §328-26 amendments enacted after the legislature’s January 5, 2026 current-code snapshot, and has the policy quote been compared to the latest text?

Product Recall in Hawaii: FAQ

How long do I have to challenge a Hawaii food embargo? 1

The food owner has seven days from the tag date to request a hearing in writing. Separately, the Director must extend or rescind the embargo within seven days; without a timely owner request, the department’s findings become final and the owner or operator must dispose of the food as directed. 1

Can detained food be reconditioned in Hawaii instead of destroyed? 2

Sometimes. The official HRS §328-26 text retrieved from the legislature’s January 5, 2026 code volume allows a court to return goods for labeling or processing when the issue can be corrected, after costs are paid and a sufficient bond is posted; department supervision is claimant-paid. Later amendments were not checked. 2

Product Recall in Other States

Other Coverage in Hawaii

Sources

  1. Hawaii Administrative Rules, Title 11, Chapter 50: Food Safety Code. Hawaii Department of Health; §§11-50-3(a)(1), (6)–(8), 11-50-10(a)–(d); compilation adopted July 10, 2025 and effective August 24, 2025. Accessed 2026-09-28.
  2. Hawaii Revised Statutes §328-26. Hawaii State Legislature; Court finding, claimant-paid destruction/court/storage costs; correction only if remediable by labeling or processing, after judgment, costs paid, sufficient bond, claimant-paid supervision; official current-code directory dated January 5, 2026, amendment history through general ch. 1985; later amendments not checked. Accessed 2026-09-28.
  3. DOH Adopts Updates to Food Safety Code. Hawaii Department of Health; Rulemaking notice: amended HAR title 11, chapter 50 effective August 24, 2025; updates include home-produced food sales. Accessed 2026-09-28.
  4. Insurance Division. Hawaiʻi Department of Commerce and Consumer Affairs; Official division homepage; scope, license search, complaints, contact information. Accessed 2026-09-28.
  5. Insurance Licenses and Registrations. Hawaiʻi Insurance Division; Insurance license information; links to state-based system for license applications and status. Accessed 2026-09-28.
  6. Filing a Complaint. Hawaiʻi Insurance Division; Online complaint form and published consumer phone. Accessed 2026-09-28.
  7. Surplus Lines Tax. Hawaiʻi Insurance Division; 4.68% rate and home-state application under HRS § 431:8-315. Accessed 2026-09-28.
  8. HRS § 431:16-105: Definitions. Hawaiʻi Legislature; Defines a member insurer as an insurer licensed or holding a certificate of authority in Hawaiʻi; cross-read with HRS § 431:8-102 and § 431:8-301 for unauthorized surplus-lines placements. Accessed 2026-09-28.
  9. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  10. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  11. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  12. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  13. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  14. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  15. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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