Bill Text: HI HB2723 | 2018 | Regular Session | Amended
Bill Title: Relating To Preserving Coral Reefs.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Introduced - Dead) 2018-02-16 - Report adopted. referred to the committee(s) on FIN as amended in HD 2 with Representative(s) San Buenaventura voting aye with reservations; none voting no (0) and Representative(s) DeCoite, Ing, Nakamura, Onishi, Woodson excused (5). [HB2723 Detail]
Download: Hawaii-2018-HB2723-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2723 |
TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PRESERVING CORAL REEFS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The
legislature finds that the chemicals oxybenzone and octinoxate, which are found
in some sunscreens, enter the ocean by washing off swimmers, surfers, paddlers,
spearfishers, divers, and other ocean users.
Although these chemicals are also present in other products, sunscreen
products are by far the largest source of oxybenzone and octinoxate present in
the ocean.
The legislature further finds that notable scientific
evidence from years of research shows that oxybenzone and oxtinoxate are toxic
to coral and threaten the health of reefs.
These chemicals bioaccumulate in corals and cause developmental
deformities, cellular degradation, and tissue lysis in coral larvae, which
makes them unable to swim and settle out to form new coral colonies. In addition, exposure to oxybenzone and
oxtinoxate makes coral more susceptible to bleaching at lower temperatures, and
reduces the resiliency of a reef and its ability to recover from the impacts of
other environmental hazards.
The legislature also finds that oxybenzone
and octinoxate also have negative effects on human health. These chemicals are readily absorbed in the
body and have been shown to cause disruptive reproductive effects. The legislature finds that according to a
peer-reviewed study published in the scientific journal Environmental Science
& Technology, exposure to these sunscreen chemicals has an estrogenic
effect in the body, which can lead to endometriosis, breast cancer, and low
birth weights for pregnant women.
Oxybenzone exposure has also been linked to lower testosterone levels in
boys and men.
The legislature also finds that researchers
have found oxybenzone concentrations in some Hawaiian waters to be more than
thirty times the level considered safe for coral. The legislature believes that Hawaii's beautiful
beaches and coral reefs must be preserved to protect our economy, environment,
and way of life.
Accordingly, the purpose of this Act is to
protect our oceans and the health of residents and visitors by prohibiting the
sale of non-prescription sunscreen products that contain oxybenzone or octinoxate. The legislature notes that prohibiting the
sale of non-prescription sunscreen products with these chemicals will not
jeopardize public health. Effective
sunscreen products can be made with mineral filters, such as non-nano zinc
oxide and titanium dioxide, and are readily available.
SECTION 2. Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:
"§342D- Sale and distribution of certain sunscreen
products prohibited. (a) After December
31, 2019, it shall be unlawful to sell, offer for sale, or distribute for sale
any SPF sunscreen product that contains oxybenzone or octinoxate, unless the
product is sold or distributed to fulfill a prescription.
(b) For purposes of this section:
"Cosmetic" and
"prescription" have the same meaning as in section 328-1.
"Octinoxate" means the chemical (RS)-2-Ethylhexyl
(2E)-3-(4-methoxyphenyl)prop-2-enoate under the International Union of Pure and
Applied Chemistry chemical nomenclature registry that has a chemical abstract
service registry number 5466-77-3, and whose synonyms include
ethylhexylmethoxycinnamate, octyl methoxycinnamate, Eusolex 2292, and Uvinul
MC80, and is intended to be used as protection against ultraviolet light
radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in
an epidermal sunscreen-protection personal care product.
"Oxybenzone" means the chemical
(2-Hydroxy-4-methoxyphenyl)-phenylmethanone under the International Union of
Pure and Applied Chemistry chemical nomenclature registry that has a chemical
abstract service registry number 131-57-7, and whose synonyms include
benzophenone-3, Escalol 567, Eusolex 4360, KAHSCREEN BZ-3, 4-methoxy-2-hydroxybenzophenone
and Milestab 9, and is intended to be used as protection against ultraviolet
light radiation with a spectrum wavelength from 370 nanometers to 220
nanometers in an epidermal sunscreen-protection personal care product.
"SPF sunscreen product"
means any sunscreen, sunblock, or suntan product that is subject to regulation
under title 21 Code of Federal Regulations part 352; provided that "SPF sunscreen
product" does not include any cosmetic.
(c) Any person who violates this section shall be guilty
of a petty misdemeanor."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Sunscreen; Octinoxate; Oxybenzone; Prohibitions; Criminal Penalty
Description:
Prohibits the sale, offer for sale, or distribution for sale of non-prescription SPF sunscreen products containing octinoxate or oxybenzone. Violation of the prohibition is a petty misdemeanor. (HB2723 HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.