Bill Text: HI HB2248 | 2020 | Regular Session | Amended
Bill Title: Relating To Products Containing Sun Protection Factor Ingredients.
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: (Introduced - Dead) 2020-02-07 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and Representative(s) McDermott, Yamashita excused (2). [HB2248 Detail]
Download: Hawaii-2020-HB2248-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2248 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PRODUCTS CONTAINING SUN PROTECTION FACTOR INGREDIENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION l. The legislature finds that sunscreens are considered by the United States Food and Drug Administration to be nonprescription, over—the—counter drugs that require specific testing to demonstrate that the sunscreen is generally recognized as safe and effective for its intended use before being sold to consumers. The Food and Drug Administration has published industry guidelines that outline the required testing for sunscreen. Each chemical found in a sunscreen product is categorized by the Food and Drug Administration as:
(l) Category I: Generally recognized as safe and effective for the claimed therapeutic indication;
(2) Category II: Not generally recognized as safe and effective or unacceptable indications; or
(3) Category III: Insufficient data available to permit final classification.
The legislature also finds that in February 2019, the Food and Drug Administration issued a proposed rule to update regulatory requirements for most sunscreen products in the United States. In the proposed rule, the Food and Drug Administration proposed that of the sixteen active ingredients currently marketed in sunscreen products, zinc oxide and titanium dioxide are the only two category I ingredients. Two ingredients are currently considered category II ingredients: aminobenzoic acid (PABA) and trolamine salicylate. The other twelve active ingredients currently marketed in sunscreen products are presently considered category III.
The legislature finds that a number of sunscreen drugs have recently been demonstrated to pose intolerable toxicologic threats such as environmental contamination in coastal waters, including significant harmful impacts on Hawaii's marine environment, coral reefs, and other residing ecosystems; birth defects such as Hirschsprung’s disease; preterm incubatory births; changes in secondary sex—ratios; increasing cell proliferation in cancer cells, increasing the risk for breast cancer and other issues; and developmental disorders in children. To preserve the state's marine ecosystems, the State enacted Act 104, Session Laws of Hawaii 2018, which bans the sale, offer of sale, and distribution of any sunscreen that contains oxybenzone or octinoxate, or both, without a prescription issued by a licensed health care provider, beginning in 2021. However, additional action should be considered to prevent any potential harmful impacts of sunscreens containing other, non—category I active ingredients.
The purpose of this Act is to establish a task force within the department of health to conduct a study on sun protection factor ingredients and the feasibility of further limiting these ingredients' use in sunscreens in the State.
SECTION 2. (a) There is established a task force within the department of health for administrative purposes. The task force shall conduct a study on sun protection factor ingredients and the feasibility of further limiting their use in sunscreens in the State. The study shall also consider the following:
(1) How to maintain the efficacy of sunscreens to protect against exposures contributing to skin cancer;
(2) The adequacy of sun protection ingredient options, considering the categories used by the United States Food and Drug Administration and possible harmful effects to the environment resulting from their use;
(3) Policy recommendations for the legislature, which balance the health and safety of the public, ocean and reef life, and the environment; and
(4) An examination of any other relevant information deemed necessary by the department of health.
(b) The task force shall consist of the following members or their designees:
(1) The director of health, who shall serve as the chairperson of the task force;
(2) The minority leader of the house of representatives;
(3) A representative of the Hawaii Reef and Ocean Coalition;
(4) A representative of Activities and Attractions Association of Hawaii; and
(5) Any other members designated by the director of health.
(c)
Members of the task force shall serve without compensation but shall be
reimbursed for necessary expenses, including travel expenses, incurred in the
performance of their duties on the task force.
(d)
The task force shall submit a report of its findings and
recommendations, including any proposed legislation, to the legislature no
later than twenty days prior to the convening of the regular session of 2021.
(e) The task force shall dissolve on June 30, 2021.
SECTION 3. This Act shall take effect on July 1, 2050.
Report Title:
Sun Protection Factor Ingredients; Sunscreen; Task Force; Study
Description:
Establishes a task force within the department of health to conduct a study on sun protection factor ingredients and the feasibility of further limiting their use in sunscreens in the State. Effective 7/1/2050. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
