Bill Text: HI HB1950 | 2016 | Regular Session | Amended

Hawaii House Bill 1950 (Prior Session Legislation)

HI State Legislature page for HB1950

Bill Title: E-liquid; Electronic Smoking Devices; Packaging Requirements; Prohibitions; Penalties

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2016-02-12 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; Representative(s) McDermott voting no (1) and Representative(s) Tokioka excused (1). [HB1950 Detail]

Download: Hawaii-2016-HB1950-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1950
TWENTY-EIGHTH LEGISLATURE, 2016		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE SALE OF E-LIQUID.

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

SECTION 1. The legislature finds that according to the Centers for Disease Control and Prevention, calls to poison control centers across the country related to exposure to nicotine in cigarettes have grown considerably since 2010. Poison experts warn that concentrated nicotine in liquid form is significantly toxic, even in small doses, as poisonings related to e-liquid containers can occur when nicotine is inhaled or absorbed through the skin or eyes.

The legislature further finds that the packaging and use of electronic smoking devices is potentially hazardous to the health of Hawaii residents, including Hawaii's children, yet many liquids for electronic smoking devices are offered in flavors and scents that are appealing to children. There are currently no packaging requirements for the sale of e‑liquid containers. Stringent packaging and labeling requirements for e‑liquid containers will protect young children from inadvertent exposure to the contents of electronic smoking device cartridges and also inform consumers whether an e-liquid product contains nicotine, a highly addictive substance.

The purpose of this Act is to establish safe and responsible packaging requirements for e-liquid containers to protect Hawaii's children and ensure consumers are better informed regarding the contents of electronic smoking device products.

SECTION 2. Chapter 328J, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§328J- Sale of certain e-liquid containers prohibited. (a) It shall be unlawful for any person or business to sell, offer for sale, or introduce into commerce in the State an e‑liquid container unless the e-liquid container constitutes child-resistant packaging.

(b) It shall be unlawful for any person or business to sell, offer for sale, or introduce into commerce in the State an e-liquid container for an e-liquid product containing nicotine unless the packaging for the e-liquid product clearly and legibly states: "Warning�contains nicotine. Not for sale to underage persons."

(d) Any person or business that violates this section shall be liable to any person injured as a result of the violation."

SECTION 3. Section 328J-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Child-resistant packaging" means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for adults to use properly. This term does not include packaging which all such children cannot open or obtain a toxic or harmful amount of contents from within a reasonable time.

"E-liquid" means a liquid product, whether or not it contains nicotine, that is intended to be vaporized and inhaled using an electronic smoking device.

"E-liquid container" means a bottle or other container of e-liquid. This term does not include a container holding liquid that is intended for use in an electronic smoking device if the container is pre-filled and sealed by the manufacturer and is not intended to be opened by the consumer."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2070.

Report Title:

E-liquid; Electronic Smoking Devices; Packaging Requirements; Prohibitions; Penalties

Description:

Beginning January 1, 2070, prohibits the sale of an e-liquid container for an electronic smoking device unless the container is packaged in child-resistant packaging and labeled with warning language. (HB1950 HD1)

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