Bill Text: HI SB2621 | 2020 | Regular Session | Amended
Bill Title: Relating To Water Pollution.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2020-02-14 - Re-Referred to CPH/AEN, JDC/WAM. [SB2621 Detail]
Download: Hawaii-2020-SB2621-Amended.html
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THE SENATE |
S.B. NO. |
2621 |
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THIRTIETH LEGISLATURE, 2020 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO WATER POLLUTION.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The
legislature finds that Act 104, Session Laws of Hawaii 2018, prevents the sale
and distribution of sunscreen containing oxybenzone and octinoxate in the State
beginning in 2021 to preserve the State's marine ecosystems.
The purpose of this Act is to:
(1) Further prohibit the sale and distribution of sunscreen containing certain chemicals within the State;
(2) Allow the department of health to prevent the sale of additional chemicals through its administrative rulemaking process; and
(3) Require and appropriate funds for the University of Hawaii to conduct studies to examine the concurrent effects of certain sunscreen products on the decline of the State's coral reefs.
SECTION 2. Section 342D-21, Hawaii Revised Statutes, is amended to read as follows:
"[[]§342D-21[]] Sale and distribution of sunscreen containing
oxybenzone [or], octinoxate, octocrylene, octisalate, or [both;]
homosalate; prohibition.
(a) Beginning January 1, 2021, it
shall be unlawful to sell, offer for sale, or distribute for sale in the State
any sunscreen that contains oxybenzone [or], octinoxate, octocrylene,
octisalate, or [both,] homosalate without a prescription
issued by a licensed healthcare provider.
(b)
No county shall enact any ordinance or regulatory restriction to
prohibit the sale, use, labeling, packaging, handling, distribution, or
advertisement of sunscreens containing oxybenzone [or],
octinoxate, octocrylene, octisalate, or [both,] homosalate prior to January 1, 2021.
(c)
The department may adopt rules pursuant to chapter 91 to prevent the
sale and distribution of additional chemicals in sunscreens within the State.
[(c)] (d) For purposes of this section:
"Homosalate" refers to the
chemical 3, 3, 5-Trimethylcyclohexyl 2-Hydroxybenzoate under the
International Union of Pure and Applied Chemistry chemical nomenclature
registry; that has a chemical abstract service registry number 118-56-9; the
synonyms of which include but are not limited to Coppertone, Homomenthyl
salicylate, Heliopan, Heliophan, Filtersol "A", m-Homomenthyl
salicylate, Kemester HMS, Trimethylcyclohenyl salicylate, and 3,
5-Trimethylcyclohexyl salicylate; and is intended to be used as protection
against ultraviolet light radiation with a spectrum wavelength from 295
nanometers to 315 nanometers in a sunscreen.
"Licensed healthcare provider"
means a physician or osteopathic physician licensed pursuant to chapter 453, or
an advanced practice registered nurse licensed pursuant to chapter 457.
"Octinoxate" refers to the chemical (RS)-2-Ethylhexyl (2E)‑3-(4-methoxyphenyl)prop-2-enoate under the International Union of Pure and Applied Chemistry chemical nomenclature registry; that has a chemical abstract service registry number 5466-77-3; the synonyms of which include but are not limited to ethylhexyl methoxycinnamate, octyl methoxycinnamate, Eusolex 2292, Neo Heliopan AV, NSC 26466, Parsol MOX, Parsol MCX, and Uvinul MC80; and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in a sunscreen.
"Octisalate"
refers to the chemical 2-ethylhexyl 2‑hydroxybenzoate under the International
Union of Pure and Applied Chemistry chemical nomenclature registry; that has a
chemical abstract service registry number 118-60-5; the synonyms of which
include but are not limited to benzoic acid, 2 hydroxy, 2-ethylhexyl ester,
2-ethylhexyl salicylate, ethylhexyl salicylate, Dermoblock OS, Escalol 587,
Eusolex OS, Neo Heliopan OS, NSC 46151, Octyl salicylate, Parsol EHS, Sunarome O,
Sunarome WMO, Uvinul 0-18, and WMO; and is intended to be used as protection
against ultraviolet light radiation in a sunscreen.
"Octocrylene"
refers to the chemical 2-ethylhexyl 2-cyano-3, 3-diphenyl-2-propenoate under
the International Union of Pure and Applied Chemistry chemical nomenclature
registry; that has a chemical abstract service registry number 6197-30-4; the
synonyms of which include but are not limited to octocrylene, Uvinul N-539,
2-ethylhexyl 2-cyano-3-3-diphenylacrylate, Octocrileno, Parasol 340, UV
Absorber-3, Escalol 597, Eusolex OCR, Neo Heliopan 303, Sanduvor 3039, Seesorb
502, and Viosorb 930; and is intended to be used as protection against
ultraviolet light radiation with a maximum spectrum wavelength at 303
nanometers in a sunscreen.
"Oxybenzone" refers to the chemical (2-Hydroxy-4-methoxyphenyl)-phenylmethanone under the International Union of Pure and Applied Chemistry chemical nomenclature registry; that has a chemical abstract service registry number 131-57-7; the synonyms of which include but are not limited to benzophenone-3, Escalol 567, Eusolex 4360, KAHSCREEN BZ-3, Uvasorb MET/C, Syntase 62, UV 9, Uvinul 9, Uvinul M-40, Uvistat 24, USAF Cy-9, Uniphenone-3U, 4-methoxy-2-hydroxybenzophenone and Milestab 9; and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in a sunscreen.
"Prescription" means an order for
medication, that is dispensed to or for an ultimate user. "Prescription" shall not include an
order for medication that is dispensed for immediate administration to the
ultimate user, such as a chart order to dispense a drug to a bed patient for
immediate administration in a hospital.
"Prescription" includes an order for a sunscreen.
"Sunscreen" means a product marketed or intended for topical use to prevent sunburn. Sunscreen does not include products marketed or intended for use as a cosmetic, as defined in section 328-1, for the face."
SECTION 3. (a) The University of Hawaii shall conduct a study to examine the concurrent effects of sunscreen products, including products with ingredients such as zinc oxide, on the decline of the State's coral reefs.
(b) The study shall identify the causes of coral decline in the State and make recommendations for developing, testing, and promoting the use of safe and effective sunscreen products.
(c) The University of Hawaii shall utilize the scientific expertise from the University of Hawaii's Hawaii institute of marine biology, department of chemistry, and University of Hawaii cancer center's population sciences in the Pacific program to conduct the study.
(d) The University of Hawaii shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2021.
SECTION 4. 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 2020-2021 for the University of Hawaii to conduct a study to examine the concurrent effects of sunscreen products on the decline of the State's coral reefs.
The sum appropriated shall be expended by the University of Hawaii for the purposes of this Act.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2050.
Report Title:
Department of Health; Water Pollution; Sunscreen; Distribution; Prohibition; University of Hawaii; Study; Appropriation
Description:
Adds the
chemicals homosalate, octocrylene, and octisalate to the sale and distribution
sunscreen ban beginning on 1/1/2021.
Allows the Department of Health to adopt rules to add additional harmful
chemicals to the sale and distribution ban. Requires and appropriates funds for the University
of Hawaii to conduct a study to examine the concurrent effects of certain
sunscreen products on the decline of the State's coral reefs. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
