RELATING TO A VAPING STORE REGISTRY.

HB1248

HOUSE OF REPRESENTATIVES

H.B. NO.

1248

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to a vaping store registry
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION
1.
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The legislature finds that the use of
electronic smoking devices has increased significantly, particularly among
Hawaii's youth, posing a public health concern.
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Establishing a statewide vaping store registry will enhance oversight of
the sale and distribution of electronic smoking devices and related products,
ensure compliance with applicable laws, and support public health efforts.

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The
purpose of this Act is to establish a vaping store registry in the State,
requiring all retailers and distributors of electronic smoking devices and
related products to register annually with the department of health.

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SECTION
2.
�
Chapter 321, Hawaii Revised Statutes,
is amended by adding a new part to be appropriately designated and to read as
follows:

"
Part .
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Vaping store registry

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321-A
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Definitions.
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As used in this part, unless the context
otherwise requires:

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"Department"
means the department of health.

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"Electronic
smoking device" means any device that may be used to deliver any
aerosolized or vaporized substance to a person inhaling from the device,
including but not limited to an electronic cigarette, electronic cigar,
electronic pipe, vape pen, or electronic hookah.
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"Electronic smoking device" does
not include drugs, devices, or combination products authorized for sale by the
United States Food and Drug Administration, and subject to the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).

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"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.
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"E-liquid" does not include:

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(1)
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Prescription drugs;

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(2)
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Cannabis for medical use pursuant to chapter
329 or manufactured cannabis products pursuant to chapter 329D; or

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(3)
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Medical devices used to aerosolize, inhale, or
ingest prescription drugs, including manufactured cannabis products described
in section 329D-10.

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"Vaping
store" means a retail or wholesale establishment that sells electronic
smoking devices, e-liquids, or related accessories as a significant portion of
its business.

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321-B
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Vaping store registry.
�
(a)
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The department shall maintain a vaping store registry to track all
businesses selling electronic smoking devices, e-liquids, and related products
within the State.

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(b)
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Beginning January 1, 2026, each vaping store
in the State shall register annually with the department.
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Each person seeking to register under this
subsection shall submit to the department an application that shall contain the
following:

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(1)
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Business name and address;

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(2)
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Owner's name and contact information;

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(3)
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State tax identification number;

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(4)
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Certification of compliance with federal and
state laws governing the sale of electronic smoking devices; and

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(5)
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Any additional information as required by the
department.

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(c)
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The department shall charge an annual registration
fee of $250, to be deposited into the Hawaii tobacco prevention and control trust
fund.

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321-C
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Inspections and enforcement.
�
(a)
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The department or its authorized agents shall conduct annual inspections
of registered vaping stores to ensure compliance with applicable federal and
state laws.

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(b)
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Any business found to be noncompliant with
the inspections may be subject to:

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(1)
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Fines of an amount of no more than $5,000 for
each violation;

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(2)
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Suspension or revocation of its registration;
and

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(3)
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Referral to an appropriate law enforcement
agency, if the business is found to be in violation of laws under that agency's
jurisdiction.

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321-D
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Prohibited activities.
�
(a)
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It
shall be unlawful for any vaping store to:

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(1)
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Operate without a valid registration issued by
the department under this part;

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(2)
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Sell or distribute electronic smoking devices,
e-liquids, or related products to individuals under the age of twenty-one; or

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(3)
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Sell counterfeit or unregulated products.

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(b)
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Violations of this section shall result in
fines, suspensions, or permanent revocation as determined by the department.

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321-E
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Rules.
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The department shall adopt rules pursuant to chapter 91 to implement and
enforce the provisions of this part, including rules for registration,
inspections, penalties, and appeals."

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SECTION
3
.
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Section 328L-5, Hawaii Revised Statutes, is
amended by amending subsection (e) to read as follows:

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"(e)
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The assets of the Hawaii tobacco prevention
and control trust fund shall consist of:

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(1)
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Fees
assessed under section 321-B;

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[
(1)
]

(2)
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Moneys appropriated under section 328L-2(b)(2);

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[
(2)
]

(3)
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Moneys appropriated to the Hawaii
tobacco prevention and control trust fund by the state, county, or federal
government;

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[
(3)
]

(4)
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Private contributions of cash or
property; and

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[
(4)
]

(5)
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Income and capital gains earned by the
trust fund."

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SECTION 4.
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In codifying the new sections added by
section 2 of this Act, the revisor of statutes shall substitute appropriate
section numbers for the letters used in designating the new sections in this
Act.

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SECTION 5.
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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.

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SECTION
6.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

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SECTION 7.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.

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SECTION 8.
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This Act shall take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

Vaping
Store Registry; DOH; Electronic Smoking Devices; Penalties

Description:

Requires,
beginning 1/1/2026, vaping stores to register with the Department of Health and
be subject to inspections for compliance with federal and state laws.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.