RELATING TO SUGAR-SWEETENED BEVERAGES.

SB2345

THE SENATE

S.B. NO.

2345

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

Relating
to Sugar-Sweetened Beverages
.

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

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SECTION 1.
�
The legislature finds that the Centers for Disease Control and
Prevention defines sugar-sweetened beverages as any drinks that are sweetened
with various forms of added sugars.
�

Sugar-sweetened beverages are the leading sources of added sugars in the
American diet.
�
Frequent consumption
of sugar-sweetened
beverages is associated with serious health problems
,
including weight gain, obesity, type 2 diabetes, heart disease, non-alcoholic
liver disease, tooth decay and cavities, and gout, a type of arthritis
.
�
In response to the proven
adverse health effects, over thirty-five jurisdictions require warning labels
on food and beverage products containing excessive sugar.
�
These jurisdictions include San Francisco,
New York City, the European Union, and Singapore, among others.
�
Many other jurisdictions in the United States
have implemented a sugar tax on certain sugar-sweetened beverages to dissuade
the public's consumption of these products.
�

Many cities and states in the United States continue to introduce
legislation requiring warning labels on sugar-sweetened beverages.

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The legislature
additionally finds that studies published by the National Institute of
Health
have
found that adults who regularly
consume sugar-sweetened beverages (about one can of soda per day) have a
forty-six
per

cent higher risk of
developing prediabetes compared to low- or non-consumers over a fourteen-year
period.
�
Another study found that people
who consume
one to two
cans of sugar-sweetened
beverages per day have
a

twenty-six
per cent
greater risk of developing type
2
diabetes than people who
rarely have such drinks.

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The legislature further finds that
drinking
sugar-sweetened beverages
can
also
significantly contribute to tooth decay.
�
A 2016 department of health
report
found
that
seventy-one per cent
of third graders in Hawaii are affected by tooth decay, making Hawaii
the
state with the
highest prevalence of
tooth decay
among third graders
in the nation.
�
Hawaii
recently received a
failing grade in a series of oral health report cards released by The Pew
Center on the States.

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Accordingly, the purpose of this Act is to require a warning label
on certain sugar-sweetened beverage containers and packaging to alert consumers
and the public of the health effects of sugary drinks.
�
Adding
warning labels
to sugar-sweetened beverages will complement other program and
policy efforts to reduce obesity and chronic diseases in the State by allowing
consumers to make informed choices.

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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
.
�
excessive
sugar warning labels for beverages

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�
321-A
�
Definitions.
�
As used in this part:

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"Added sugars" has the same
meaning as defined in title 21 United States Code section 101.9(c)(6)(iii).

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"Beverage" means mineral waters,
fruit juices, ades, and other similar noncarbonated drinks, soda water, and
flavored carbonated drinks, in liquid form and intended for human consumption.

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"Beverage container" means the
individual, separate, sealed glass, metal, paper, or plastic bottle or can,
containing a beverage.

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"Concentrate" means a syrup,
powder, or base product that is used for mixing, compounding, or making sugar-sweetened
beverages in a soda fountain or beverage dispensing machine.
�
"Concentrate" does not include the
following:

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(1)
�
Any
product that is solely used in preparing coffee or tea;

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(2)
�
Infant
formula;

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(3)
�
Any
product intended to be used for weight reduction;

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(4)
�
Milk
or milk products;

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(5)
�
Any
frozen concentrate or freeze-dried concentrate to which only water is added to
produce a sweetened beverage containing more than fifty per cent natural fruit
juice, natural vegetable juice, or combination of natural fruit juice and
natural vegetable juice;

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(6)
�
Any
product that is sold and is intended to be used for the purpose of an
individual consumer mixing a sweetened beverage;

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(7)
�
Medical
food; and

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(8)
�
Any
product in which there are no added sugars.

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"Consumer" means a person who
purchases a sugar-sweetened beverage for consumption and not for sale to
another.

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"Department" means the department of health.

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"Distribution" means the:

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(1)
�
Sale of beverage containers
containing
sugar-
sweetened beverages
or concentrate t
o a retailer
;

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(2)
�
Receipt of untaxed beverage
containers containing
sugar-
sweetened beverages
or concentrate
in the State from an unregistered out-of-state distributor by a
retailer
;

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(3)
�
Retail sale of untaxed
sugar-
sweetened beverages
or concentrate
in the State
; or

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(4)
�
Use or consumption of
untaxed beverage containers containing
sugar-
sweetened beverages
or concentrate in the
State by a distributor or retailer.
�
For
the
purposes of this paragraph, "use or consumption" includes the
exercise of any right or power over beverage containers containing
sugar-
sweetened beverages or concentrate incident to the beverages' ownership,
except that it does not include the sale of that property or the keeping or
retention of the property by a distributor or retailer for the purpose of sale
.

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"Distributor" means
any person, including
a
manufacturer or wholesale
dealer, who receives, stores, manufactures, bottles, or distributes beverage
containers containing sugar-sweetened beverages or concentrate for sale to
retailers doing business in the State regardless of whether that person also
sells the products to consumers.

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"Milk" means
natural liquid milk regardless of animal source or butterfat content; natural
milk concentrate, whether or not reconstituted, regardless of animal source or
butterfat content; dehydrated natural milk, whether or not reconstituted and
regardless of animal source or butterfat content; soy milk; oat milk; coconut
milk; or rice milk.

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"Natural fruit juice" or
"natural vegetable juice" means the original liquid resulting from
the pressing of fruits or vegetables, respectively, or the liquid resulting
from the dilution of dehydrated natural fruit juice or natural vegetable juice,
respectively.

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"Non-alcoholic
beverage" means any beverage that contains less than one-half of one per
cent alcohol by volume.

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"Powder" means any solid mixture
of ingredients that:

����
(1)
�
Contains
added sugars; and

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(2)
�
Is
used in making, mixing, or compounding a sugar‑sweetened beverage by
combining the powder with one or more other ingredients, including:

���������
(A)
�
Water;

���������
(B)
�
Ice;

���������
(C)
�
Syrup;

���������
(D)
�
Simple
syrup;

���������
(E)
�
Fruits;

���������
(F)
�
Vegetables;

���������
(G)
�
Fruit
juice;

���������
(H)
�
Vegetable
juice;

���������
(I)
�
Carbonation;
or

���������
(J)
�
Other
gas.

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"Retailer"
means any person who sells or otherwise dispenses in the State a sugar-sweetened
beverage or concentrate to a consumer regardless of whether that person is also
a distributor.
�
"Retailer"
includes a person who operates a facility where sugar-sweetened beverages may
be purchased from vending machines.

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"Sale" or "sell" means the transfer of title
or possession, or both, exchange or barter, in any manner or by any means
whatsoever, whether or not consideration is paid.

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"Soda
fountain" means any device that dispenses a sugar‑sweetened beverage
into an unsealed container as a ready‑to-drink beverage.

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"Sugar-sweetened beverage" means
any non-alcoholic beverage, carbonated or noncarbonated, that is intended for
human consumption and contains twenty-five grams or more of added sugars per
serving.
�
"Sugar-sweetened
beverage" does not include:

����
(1)
�
Beverages
consisting of one hundred per cent natural fruit juice or natural vegetable
juice with no added sugars;

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(2)
�
Milk
without any added sugars;

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(3)
�
Liquid
dietary aids manufactured for use as:

���������
(A)
�
An oral nutritional therapy for persons who cannot absorb or
metabolize dietary nutrients from food or beverages;

���������
(B)
�
A source of
necessary nutrition used due to a medical condition; or

���������
(C)
�
An oral
electrolyte solution for infants and children formulated to prevent dehydration
due to illness; and

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(4)
�
Infant
formula.

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"Syrup" means
any liquid mixture of ingredients that:

����
(1)
�
Contains
added sugars; and

����
(2)
�
Is
used in making, mixing, or compounding a sugar‑sweetened beverage by
combining the syrup with one or more other ingredients, including:

���������
(A)
�
Water;

���������
(B)
�
Ice;

���������
(C)
�
Powder;

���������
(D)
�
Simple
syrup;

���������
(E)
�
Fruits;

���������
(F)
�
Vegetables;

���������
(G)
�
Fruit
juice;

���������
(H)
�
Vegetable
juice;

���������
(I)
�
Carbonation;
or

���������
(J)
�
Other
gas.

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"Unsealed container" means a container, including a
glass, cup, or any container for fountain drinks, into which a beverage is
dispensed or poured at the business premises where the beverage is purchased.

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�321-B
�
Warning label required for sugar-sweetened
beverages.
�

(a)
�
Beginning
July 1, 2027, no person shall distribute, sell, or offer for sale a beverage
container containing a sugar-sweetened beverage unless the beverage container
bears the following warning label in bold typeface:
�
"WARNING:
�
Excessive sugar."

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The warning label shall:

����
(1)
�
Be
prominently displayed, readily legible under normal conditions, separate and
apart from all other information, and on a contrasting background;

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(2)
�
Include
only conspicuous and legible type in contrast by typography, layout, or color
with all other printed material on the beverage container;

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(3)
�
Appear
in a font size and using a maximum number of characters per inch, as follows:

���������
(A)
�
For
beverage containers of eight fluid ounces or less, the warning label shall be
in a font not smaller than one millimeter and not more than forty characters
per inch;

���������
(B)
�
For
beverage containers of more than eight fluid ounces and less than two liters,
the warning label shall be in a font not smaller than two millimeters and not
more than twenty-five characters per inch; and

���������
(C)
�
For
beverage containers of two liters or more, the warning label shall be in a font
not smaller than three millimeters and not more than twelve characters per inch;

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(4)
�
Include
the word "WARNING" in capital letters;

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(5)
�
Be
enclosed in a rectangular border; and

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(6)
�
Be
p
rinted directly on the beverage container or affixed
to the beverage container so that the warning label cannot be removed without
thorough application of water or other solvents.

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(b)
�
Beginning July 1,
2027, no person shall distribute, sell, or offer for sale a multipack of
beverage containers containing sugar-sweetened beverages unless the multipack
bears the warning label required by subsection (a).
�
The warning label shall be posted
conspicuously on at least two sides of the multipack, in addition to being
posted on each individual beverage container.

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(c)
�
Beginning July 1,
2027, no person shall distribute, sell, or offer for sale a concentrate in
packaging that is intended for retail sale unless the packaging of the concentrate
bears the warning label required by subsection (a).

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(d)
�
The department shall
establish rules pursuant to chapter 91 to effectuate the purposes of this part.

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�
321-C
�
Vending machines; soda fountains; point of
sale; warning label requirements.
�
(a)
�
Beginning July 1, 2027,
every person who owns, leases, or legally controls the premises where a vending
machine or soda fountain is located, or where a sugar‑sweetened beverage
is sold in an unsealed container, shall cause to be placed a warning label in
each of the following locations:

����
(1)
�
On
the exterior of any vending machine that includes a sugar-sweetened beverage
for sale;

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(2)
�
On
the exterior of any soda fountain used by a consumer to dispense a
sugar-sweetened beverage through self-service; and

����
(3)
�
At
the point on the premises where any consumer would normally order or request a
sugar-sweetened beverage in an unsealed container, when the unsealed container
is filled by an employee or agent rather than the consumer.

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(b)
�
The warning label
required pursuant to this section shall use the same language as required in
section 321-B(a).

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(c)
�
The warning label required
pursuant to this section shall be prominently displayed, readily legible,
separate and apart from all other information, and on a contrasting background.

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�
321-D
�
Enforcement and penalties.
�
(a)
�
Each beverage container, multipack, and
package of concentrate distributed, sold, or offered for sale in violation of
this part shall constitute a separate violation.
�
Each day of a continuing violation of this part
shall constitute a separate violation.

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(b)
�
Any person who has
violated any of the requirements of this part shall be liable for a civil
penalty of not less than $500 nor more than $1,000 for each day of
violation."

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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.

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SECTION 4.
�

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.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

DOH;
Sugar-Sweetened Beverages; Excessive Sugar; Warning Label; Beverage Container; Soda
Fountain; Vending Machine; Requirements; Penalties; Rules

Description:

Beginning
July 1, 2027, requires certain sugar-sweetened beverages to contain an
excessive sugars warning label.
�
Establishes civil penalties.
�
Requires the Department of Health to adopt
rules.

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