Bill Text: HI HB1791 | 2014 | Regular Session | Introduced
Bill Title: Tobacco; Flavored Tobacco Products
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Introduced - Dead) 2014-01-21 - Referred to HLT, JUD, referral sheet 3 [HB1791 Detail]
Download: Hawaii-2014-HB1791-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1791 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO tobacco.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 328J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§328J- Prohibition on sale of flavored tobacco products. (a) The sale of flavored tobacco products shall be prohibited.
(b) For purposes of this section:
"Characterizing flavor" means a distinguishable taste or aroma, other than the taste or aroma of tobacco, menthol, mint, or wintergreen, imparted prior to or during consumption of a tobacco product or component part. The term "characterizing flavor" includes:
(1) Tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice; and
(2) Concepts including spicy, arctic, ice, cool, warm, hot, mellow, fresh, and breeze.
No tobacco product shall be deemed to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.
"Cigarette" shall have the same meaning as in section 486P‑1.
"Component part" means any element of a tobacco product, including the tobacco, filter, and paper, but excluding any constituent.
"Constituent" means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, including a smoke constituent, that is added by the manufacturer to a tobacco product during the processing, manufacturing, or packing of the tobacco product.
"Flavored tobacco product" means any tobacco product or any component part of the product that contains a constituent that imparts a characterizing flavor. A public statement or claim made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning the tobacco product, that the tobacco product has or produces a characterizing flavor shall constitute presumptive evidence that the tobacco product is a flavored tobacco product.
"Smoke constituent" means any chemical or chemical compound in mainstream or side stream tobacco smoke that transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives, or other components of the tobacco product.
"Tobacco product" means any product containing tobacco or nicotine, including cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, snus, dissolvable tobacco products, and electronic smoking devices as defined in section 709-908(5). The term "tobacco product" excludes:
(1) Cigarettes that are subject to the special rule for cigarettes relating to characterizing flavors of the federal Family Smoking and Tobacco Prevention Act; and
(2) Any product that has been approved by the United States Food and Drug Administration pursuant to its authority over drugs.
(c) In lieu of the penalties under section 328J-12, any person who violates this section shall be fined as follows:
(1) $250 for the first offense;
(2) $350 for the second offense; and
(3) $500 for the third and subsequent offenses."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Tobacco; Flavored Tobacco Products
Description:
Prohibits the sale of flavored tobacco products.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
