Bill Text: HI SB942 | 2023 | Regular Session | Introduced
Bill Title: Relating To Health.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2023-01-27 - Referred to HHS/CPN, JDC/WAM. [SB942 Detail]
Download: Hawaii-2023-SB942-Introduced.html
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THE SENATE |
S.B. NO. |
942 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§712- Sale of flavored tobacco products; mislabeling
as nicotine-free. (1) Beginning January 1, 2024, it shall be
unlawful for any retailer, or any agent or employee of the retailer, to:
(a) Sell, offer for sale, or possess
with the intent to sell or offer for sale, a flavored tobacco product; or
(b) Mislabel
as nicotine-free, or sell or market for sale as nicotine-free, any e-liquid product
that contains nicotine.
(2)
A statement or claim, including but not limited to text, color, or images
on the tobacco product's labeling or packaging that is used to explicitly or implicitly
communicate that the tobacco product has a flavor other than tobacco, made by a
manufacturer or an agent or employee of the manufacturer in the course of the person's
agency or employment, and directed to consumers or the public, shall be prima facie
evidence that the tobacco product is a flavored tobacco product.
(3) A tobacco product shall not be determined to have
a characterizing flavor solely because of the use of additives or flavorings or
the provision of ingredient information in the absence of a distinguishable taste
or aroma, or both.
(4)
Any flavored tobacco product found in a retailer's possession that is in
violation of this section shall be considered contraband, promptly seized, subject
to immediate forfeiture and destruction or disposal, and shall not be subject to
the procedures set forth in chapter 712A; provided that the cost of proper
disposal of electronic smoking devices and e‑liquids as hazardous waste
under section 11-266.1, Hawaii Administrative Rules, shall be borne by the
retailer.
(5)
Any retailer and any agent or employee of a retailer who violates this section
shall be subject to a fine not to exceed $500.
Any subsequent violation shall subject the offender to a fine of not less
than $500 nor more than $2,000.
(6)
Notwithstanding any other law to the contrary, any county may adopt a rule
or ordinance that places greater restrictions on the access to flavored tobacco
products than provided in this section. In
the case of a conflict between the restrictions in this section and any county rule
or ordinance regarding access to flavored tobacco products, the more stringent restrictions
shall prevail.
(7)
For the purposes of this section:
"Characterizing flavor" means a
distinguishable taste or aroma, or both, other than the taste or aroma of tobacco,
imparted by a tobacco product or any byproduct produced by the tobacco product. Characterizing flavors include but are not limited
to tastes or aromas relating to any candy, chocolate, vanilla, honey, fruit, cocoa,
coffee, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice.
"Cigarette"
means any roll for smoking made wholly or in part of tobacco, irrespective of size
and shape and whether or not the tobacco is flavored, adulterated, or mixed with
any other ingredient, the wrapper or cover of which is made of paper or any other
substance or material except tobacco.
"Constituent"
means any ingredient, substance, chemical, or compound, other than tobacco, water,
or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product
during the processing, manufacture, or packing of the tobacco product.
"Distinguishable"
means perceivable by either the sense of smell or taste.
"Electronic
smoking device" means any electronic product that can be used to aerosolize
and deliver nicotine or other substances to a person inhaling from the device, including
but not limited to an electronic cigarette, electronic cigar, electronic cigarillo,
or electronic pipe, and any cartridge or other component of the device or related
product.
"E-liquid"
means any liquid or like substance, which may or may not contain nicotine, that
is designed or intended to be used in an electronic smoking device, whether or not
packaged in a cartridge or other container.
"E-liquid" shall not include prescription drugs; medical cannabis
or manufactured cannabis products pursuant to chapter 329D; or medical devices used
to aerosolize, inhale, or ingest prescription drugs, or manufactured cannabis products
manufactured or distributed in accordance with section 329D-10(a).
"Entity"
means one or more individuals, a limited liability company, corporation, a partnership,
an association, or any other type of business.
"Flavored
tobacco product" means any tobacco product that contains a constituent that
imparts a characterizing flavor, but does not include any product that has
received a marketing granted order from the United States Food and Drug
Administration pursuant to Title 21 United States Code section 387j.
"Labeling"
means written, printed, pictorial, or graphic matter upon a tobacco product or any
of its packaging.
"Packaging"
means a pack, box, carton, or container of any kind, or if no other container, any
wrapping, including cellophane, in which a tobacco product is sold or offered for
sale to a consumer.
"Retailer"
means an entity who sells, offers for sale, or exchanges or offers to exchange tobacco
products to consumers for any form of consideration. The term "retailer" includes the owner
of a tobacco retail location.
"Tobacco
product" means any product containing, made of, or derived from tobacco or
nicotine that is intended for human consumption or is likely to be consumed, whether
smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by other means. "Tobacco product" includes but is not
limited to a cigarette, cigar, pipe tobacco, chewing or smokeless tobacco, snuff,
snus, e-liquid, or an electronic smoking device. "Tobacco product" does not include
drugs, devices, or combination products approved for sale by the United States
Food and Drug Administration, as those terms are defined in the Federal Food,
Drug, and Cosmetic Act.
"Tobacco
retail location" means any premises where tobacco products are sold or distributed
to a consumer, including but not limited to any store, bar, lounge, cafe, stand,
outlet, vehicle, cart, location, vending machine, or structure."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2023.
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INTRODUCED BY: |
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Report Title:
Flavored Tobacco Products; Sale; Ban
Description:
Bans the sale of flavored tobacco products and mislabeled e‑liquid products. Establishes fines.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
