Bill Text: HI HB2723 | 2018 | Regular Session | Introduced
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-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2723 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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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 coral decline poses a significant threat worldwide. While scientists from around the world agree that the primary causes of coral decline are related to global warming, agricultural runoff, sewage, and overfishing, recent studies have shown that oxybenzone, a common sunscreen ingredient, may also have detrimental effects on coral reefs. The threat is particularly acute in Hawaiian ocean waters where coral bleaching is occurring at a historic rate never previously recorded.
The legislature further finds that skin cancer poses a significant threat to the health of Americans and that 3,5000,000 skin cancer cases, including seventy-five thousand new cases of invasive melanoma, are diagnosed in the United States annually. Sunscreens play a vital role in protecting Hawaii residents and visitors from dangerous ultraviolet rays and in preventing skin cancers. The State must balance its need to protect Hawaiian ocean waters and coral reefs with the need to protect the public's health and safety. Therefore, any action taken to ban sunscreen ingredients approved by the United States Food and Drug Administration must be done in a manner that does not jeopardize the health of Hawaii's residents and visitors while providing access to a wide range of safe and reliable sun protection products for all skin types.
The legislature further finds that although reasonable alternatives to oxybenzone currently exist for lower sun protection factor sunscreens, and a new generation of photostable, broad spectrum sunscreens offering both ultraviolet A and ultraviolet B protection is available outside the United States, the development of oxybenzone-free alternatives for higher sun protection factor products has been substantially delayed in the United States due to the United States Food and Drug Administration delay in approving new sunscreen ingredients. In fact, the United States Food and Drug Administration has not approved a new sunscreen ingredient since the 1990s.
The legislature believes that given a reasonable timeframe for reformulation and United States Food and Drug Administration approval of new ingredients, it is possible for sunscreen manufacturers to provide a full range of oxybenzone-free sunscreen products that will allow beach users to enjoy the outdoors without compromising sun protection.
The purpose of this Act is to protect Hawaii's coral reefs by prohibiting the sale of sunscreens containing oxybenzone without compromising Hawaii residents' and visitors' ability to protect themselves from sunburns and the damage caused by harmful ultraviolet A and ultraviolet B rays.
SECTION 2. Chapter 328, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§328- Oxybenzone;
sunscreen restrictions. (a)
Beginning January 1, 2023, no person shall sell a sunscreen containing
oxybenzone in Hawaii, unless the sunscreen is a prescription drug as defined in
section 328-112.
(b) No county shall enact any ordinance or
regulatory restriction to ban or otherwise regulate in any manner the sale,
use, labeling, packaging, handling, distribution, or advertisement of products
containing oxybenzone or other ingredients approved by the United States Food
and Drug Administration pursuant to the Federal Food, Drug, and Cosmetics Act, title
21 United States Code section 301, et seq., as amended, except as provided in
subsection (a).
(c) For purposes of this section:
"Oxybenzone" includes benzophenone-3 and 2-hydroxy-4-methoxyphenyl phenylmethanone.
"Sunscreen" means a product marketed for topical use to prevent sunburn."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 2023.
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INTRODUCED BY: |
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Report Title:
Sunscreen; Oxybenzone; Beaches; Ocean
Description:
Prohibits the sale of sunscreen containing oxybenzone, unless the sunscreen is a prescription drug. Effective 1/1/2023.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
