Bill Text: HI HB672 | 2013 | Regular Session | Amended
Bill Title: Tobacco; Electronic Smoking Device; Minors; Sale or Purchase Prohibited; Tobacco Sales
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Passed) 2013-07-02 - Act 227, on 6/27/2013 (Gov. Msg. No. 1330). [HB672 Detail]
Download: Hawaii-2013-HB672-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
672 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO HEALTH.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that according to a 2009 study, frequent visits to stores selling tobacco and a greater awareness of cigarettes sold in stores increased the likelihood of teenagers being susceptible to initiating smoking, experimenting with smoking, or becoming smokers.
The legislature has a compelling interest in reducing the number of children and teens in Hawaii who smoke.
The purpose of this Act is to reduce the number of minors and youth who smoke by prohibiting the sale of tobacco products and vapor products to minors and the purchase of these items by minors.
SECTION 2. Section 709-908, Hawaii Revised Statutes, is amended to read as follows:
"§709-908 Tobacco[;] products
and vapor products prohibited; minors. (1) It shall be unlawful to
sell or furnish tobacco [in any shape or form, including chewing tobacco and
snuff,] products or vapor products to a minor under eighteen years
of age.
(2) Signs using the statement, "The sale of tobacco products or vapor products to persons under eighteen is prohibited", shall be posted on or near any vending machine in letters at least one-half inch high and at or near the point of sale of any other location where tobacco products or vapor products are sold in letters at least one-half inch high.
(3) It shall be unlawful for a minor under eighteen
years of age to purchase any tobacco product[,] or vapor products,
as described under subsection [(1).] (5). This provision does not
apply if a person under the age of eighteen, with parental authorization, is participating
in a controlled purchase as part of a law enforcement activity or a study authorized
by the department of health under the supervision of law enforcement to determine
the level of incidence of tobacco product or vapor product sales to minors.
(4) Any person who violates subsection (1) or (2), or both, shall be fined $500 for the first offense. Any subsequent offenses shall subject the person to a fine not less than $500 nor more than $2,000. Any minor under eighteen years of age who violates subsection (3) shall be fined $10 for the first offense. Any subsequent offense shall subject the violator to a fine of $50, no part of which shall be suspended, or the person shall be required to perform not less than forty-eight hours nor more than seventy-two hours of community service during hours when the person is not employed and is not attending school.
(5) For the purposes of this section:
"Tobacco product" means any product made or derived from tobacco that is intended for human consumption, including cigarettes, cigars, snuff, chewing or smokeless tobacco, and smoking or pipe tobacco. Tobacco product shall not include any product that is regulated by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act.
"Vapor product" means any noncombustible tobacco derived product containing nicotine that employs a mechanical heating element, battery, or circuit, regardless of shape or size, that can be used to heat a liquid nicotine solution contained in cartridges, and includes an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe. Vapor products shall not include any product that is regulated by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug, and Cosmetic Act."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
Vapor Product Sale or Purchase to Minors Prohibited
Description:
Prohibits the sale of any tobacco product or vapor product to a minor under eighteen years of age and the purchase of any tobacco product or vapor product by a minor under eighteen years of age. Effective 7/1/2050. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
