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HB756
HOUSE OF REPRESENTATIVES
H.B. NO.
756
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
Relating
to health
.
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 tobacco use remains the leading cause of preventable
disease and death in the United States.
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In Hawaii, tobacco use accounts for one thousand four hundred annual
deaths and $526,000,000 in annual health care costs directly attributed to
smoking related diseases, according to the Centers for Disease Control and
Prevention's 2014 "Best Practices for Comprehensive Tobacco Control
Programs" guide.
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Tobacco use is a
serious public health problem in terms of the human suffering and loss of life
it causes, and is a financial burden on society and our healthcare system.
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The legislature further finds that
eighty-one per cent of youth who have ever used a tobacco product report that
the first tobacco product they used was flavored.
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Flavored tobacco products promote youth
initiation of tobacco use and help young occasional smokers become daily
smokers by reducing or masking the natural harshness and taste of tobacco
smoke, thereby increasing the appeal of tobacco products.
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The legislature additionally finds that
menthol, in particular, is used by the tobacco industry because it has a
cooling and numbing effect and can reduce the throat irritation from smoking,
thus making menthol cigarettes an appealing option for youth who are initiating
tobacco use.
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Candy and fruit flavors
improve the taste and reduce the harshness of tobacco products, making them
more appealing and easier for beginners to try tobacco products and ultimately
become addicted.
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The United States
Surgeon General noted in the 2016 report titled "E-Cigarette Use Among
Youth and Youth Adults" that "[b]ecause the adolescent brain is still
developing, nicotine use during adolescence can disrupt the formation of brain
circuits that control attention, learning, and susceptibility to
addiction."
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Furthermore, delays in the United States
Food and Drug Administration regulatory process of e-cigarettes have allowed
the tobacco and electronic smoking device industries to significantly increase
the marketing and production of electronic vaping devices.
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According to a 2018 study published in the
Journal of Medical Internet Research, the count of flavored tobacco products
went from 7,764 in 2014 to 15,586 in 2017, a one hundred per cent increase.
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Every year that passes youth become more
exposed to the predatory practices of tobacco companies seeking a market for
nicotine addiction.
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Hawaii has
experienced the heightened promotion of vape products that offer candy and
local flavors designed to appeal to the State's youth, such as POG, apple mui,
luau punch, rainbow candy, lava burst ice, Shaka strawberry, lychee ice,
Molokai Hot Bread, and lilikoi lychee.
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Additionally, many of the packages are designed to look like candies popular
with children, such as Jolly Ranchers and Sour Patch Kids.
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The legislature also finds that young
people and people of color have high rates of use of flavored tobacco products,
including menthol.
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According to the 2023
Hawaii Youth Risk Behavior Surveillance System, among public high school
students who are current cigarette smokers, an average of 14.1 per cent smoke
menthol, and among public middle school students who are current cigarette
smokers, an average of 7.1 smoke menthol.
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According to the 2022 Behavioral Risk Factor Surveillance System, 63.7
per cent of adult smokers in Hawaii usually smoke menthol cigarettes.
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Furthermore, the 2022 Behavioral Risk
Factor Surveillance System shows that prevalence is high among specific ethnic
groups with 70.8 per cent of Filipinos, 80.7 per cent of Native Hawaiians, and 66.9
per cent of Japanese usually smoking menthol cigarettes.
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The 2021 National Youth Tobacco Survey
report, estimates that ending the sale of flavored tobacco in Hawaii would save
the State at least $48,000,000 in long-term health care costs, prevent seven
hundred premature smoking-related deaths, prompt over three thousand menthol cigarette
smokers to quit, and prevent youth from initiating smoking with menthol
cigarettes.
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Given the significant threat to public
health posed by flavored tobacco products, including those with menthol, seven
states
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California, Maryland, Massachusetts, New Jersey, New
York, Rhode Island, and Utah�and over three hundred ninety localities have
enacted policies to end the sale of flavored tobacco products to some
extent.
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These laws now protect over
twenty-five per cent of the United States' population.
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Hawaii must also take steps to regulate these
products to address the youth vaping epidemic and reduce tobacco-related health
disparities.
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Of additional concern is the increased use
of tobacco- and smoke-free oral nicotine pouches that come in different flavors
and strengths.
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These products are easier
to conceal than cigarettes or vape products and may be used by youth who
mistakenly believe that the lack of tobacco and smoke makes the product safer
for consumption.
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Furthermore, because
these products do not contain tobacco, they can fall through the regulatory
cracks, requiring a broader approach to addressing youth nicotine addiction.
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Accordingly, the purpose of this Act is to
prohibit the sale or distribution of all flavored nicotine products, including
products with menthol, and prohibit the mislabeling of products as
nicotine-free.
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SECTION
2.
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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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SALE OF FLAVORED Nicotine PRODUCTS PROHIBITED
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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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"Cigarette"
has the same meaning as in section 245-1.
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"Department"
means the department of health.
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"Director"
means the director of health.
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"Distinguishable"
means perceivable by either the sense of smell or taste.
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"Electronic
smoking device" means any device that may be used to deliver any
aerosolized or vaporized substance to the 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"
includes any component, part, or accessory of the device, and any substance
that may be aerosolized or vaporized by such device, whether or not the substance
contains nicotine.
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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, as those
terms are defined in the Federal Food, Drug, and Cosmetic Act.
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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 prescription drugs; cannabis for
medical use pursuant to chapter 329 or manufactured cannabis products pursuant
to chapter 329D; or medical devices used to aerosolize, inhale, or ingest
prescription drugs, including manufactured cannabis products manufactured or
distributed in accordance with section 329D-10(a).
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"Entity"
has the same meaning as in section 245-1.
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"Flavored
nicotine product" means any nicotine product that contains a taste or
smell, other than the taste or smell of tobacco, that is distinguishable by an
ordinary consumer either prior to or during the consumption of a nicotine
product, including but not limited to any taste or smell relating to fruit,
menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any
candy, dessert, alcoholic beverage, herb, or spice.
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"Labeling"
means written, printed, pictorial, or graphic matter upon a nicotine product or
any of its packaging.
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"Nicotine
product" means:
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(1)
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Any product that:
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(A)
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Contains, is made of, or is derived from nicotine;
or
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(B)
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Has been determined to be addictive by the
director and has a similar molecular structure to nicotine, but is not itself
nicotine,
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that is
intended for human consumption or is likely to be consumed, whether inhaled,
absorbed, or ingested by any other means, including but not limited to a
cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
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(2)
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Any electronic smoking device and any
substances that may be aerosolized or vaporized by such device, whether or not
the substance contains nicotine; or
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(3)
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Any component, part, or accessory of any item
described in paragraph (1) or (2), whether or not any of these contains tobacco
or nicotine, including but not limited to filters, rolling papers, blunt or
hemp wraps, hookahs, mouthpieces, and pipes.
"Nicotine product" does not include drugs,
devices, or combination products authorized for sale by the United States Food
and Drug Administration, as those terms are defined in the Federal Food, Drug,
and Cosmetic Act.
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"Packaging"
means a pack, box, carton, or container of any kind, or if no other container,
any wrapping, including cellophane, in which a nicotine product is sold or
offered for sale to a consumer.
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"Retailer"
means an entity that sells, offers for sale, or exchanges or offers to exchange
nicotine products to consumers for any form of consideration.
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"Retailer" includes an owner,
agent, or employee of a nicotine retail location.
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"Nicotine
retail location" means any premises where nicotine products are sold or
distributed to a consumer, including but not limited to any bar, cafe, cart,
location, lounge, outlet, stand, store, vehicle, vending machine, or structure.
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�321-B
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Sale of flavored nicotine products; mislabeling as nicotine-free.
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(a)
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Beginning
January
1, 2026, it shall be unlawful for any retailer to:
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(1)
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Sell, offer for sale, or possess with the
intent to sell or offer for sale, a flavored nicotine product; or
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(2)
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Mislabel
as nicotine-free, or sell or market for sale as nicotine-free, any e-liquid
product that contains nicotine.
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(b)
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A statement or claim, including but not
limited to text, color, or images on the nicotine product's labeling or
packaging that is used to explicitly or implicitly communicate that the nicotine
product has a flavor other than tobacco, made by a manufacturer or an agent or
employee of a manufacturer, and directed to consumers or the public shall be
prima facie evidence that the nicotine product is a flavored nicotine product.
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(c)
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Any flavored nicotine product found in a
retailer's possession that is in violation of this part may be considered
contraband, be seized by an inspector, or be subject to immediate destruction
or disposal by the retailer in accordance with rules adopted by the department
pursuant to section 321-D.
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The cost of
proper disposal of electronic smoking devices and e-liquids as hazardous waste
pursuant to chapter 11-266.1, Hawaii Administrative Rules, shall be borne by
the retailer.
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(d)
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Any retailer that violates this part shall be
subject to a fine no less than $100 nor more than $1,000 for each separate
offense.
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Each day of each violation shall
constitute a separate offense.
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Any fines
collected by the department shall be deposited to the credit of the general
fund.
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(e)
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Notwithstanding any other law to the
contrary, any county may adopt a rule or an ordinance that places greater
restrictions on the access to flavored nicotine products than the restrictions provided
in this part.
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In the case of a conflict
between the restrictions in this part and any county rule or ordinance
regarding access to flavored nicotine products, the more stringent restrictions
shall prevail.
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�321-C
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Inspectors; authority and access to records.
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(a)
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The director may appoint, commission, or contract for services of a
third party one or more inspectors as the exigencies of the enforcement of this
part may require.
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Persons appointed,
commissioned, or contracted for services under this part shall have and may
exercise all the powers and authority outlined in the rules adopted pursuant to
section 321-D.
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(b)
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Information necessary to investigate
violations of this part shall be made available to the department and any
appointed, commissioned, or contracted inspectors of the department.
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�321-D
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Administrative rules.
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(a)
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The department may adopt rules pursuant to chapter 91 to effectuate the
purposes of this part.
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(b)
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No later than June 30, 2026, the department
shall adopt interim rules, which shall be exempt from chapters 91 and 201M, to
effectuate the purposes of this part; provided that the interim rules shall
remain in effect until January 1, 2032, or until rules are adopted pursuant to
subsection (a), whichever occurs sooner.
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�321-E
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Contract for services.
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The department may contract the services of a
third party in accordance with chapter 103D for enforcement, inspections, or
any other services needed to administer this part."
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SECTION
3.
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There is established two full-time
equivalent (2.0 FTE) program specialist positions to review, process, and
initiate inspections under the authority of the department of health and one
full-time equivalent (1.0 FTE) hearings officer position to preside over
administrative hearings and other related hearings duties as required under
section 2 of this Act.
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SECTION
4.
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There is appropriated out of the
general revenues of the State of Hawaii the sum of
$ or so much
thereof as may be necessary for fiscal year 2025-2026 and the same sum or so
much thereof as may be necessary for fiscal year 2026-2027 to carry out the
purposes of this Act, including the hiring of necessary staff, including two
full-time equivalent (2.0 FTE) program specialist positions and one full-time
equivalent (1.0 FTE) hearings officer position.
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The sums
appropriated shall be expended by the
department of health for the purposes of this Act.
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SECTION
5.
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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
6.
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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
7.
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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 8.
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This Act shall take effect on January 1,
2026; provide that section 4 shall take effect on July 1, 2025.
INTRODUCED BY:
_____________________________
Report Title:
Keiki
Caucus; Prohibition; Sale; Labeling; Flavored Nicotine Products; E-Liquids; Penalties;
Appropriation
Description:
Prohibits
the sale of flavored nicotine products and the mislabeling of e-liquids as
nicotine free.
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Establishes penalties for
violations.
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Authorizes the Department of
Health to appoint, commission, or contract for services of inspectors.
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Establishes two full-time equivalent program
specialist positions and one full-time equivalent hearing officer position.
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Appropriates funds.
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Effective 1/1/2026.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.