Bills Relating to Flavored Tobacco Bans Up This Week

February 4, 2020, 11:13 AM HST · Updated February 4, 11:13 AM
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Here is a list of bills relating to tobacco bans and regulations that are scheduled for public hearing this week:
Flavored Tobacco Ban-
SB2538* – Bans the sale of flavored tobacco products. Prohibits mislabeling of e-liquid products containing nicotine. Establishes fines and penalties for violations. Requires the Department of Education to establish a safe harbor program by which persons under 21 years of age may dispose of electronic cigarettes in their possession. Authorizes public school teachers to confiscate electronic cigarettes. Increases fines for the purchase or possession of tobacco products and electronic smoking devices by persons under 21 years of age. Authorizes a court to impose, as a penalty on a person 18-21 years of age who is convicted of possession of a tobacco product or electronic smoking device, the requirement to complete a tobacco education program, complete a tobacco use cessation program, or perform community service instead of paying a fine. Requires a parent or guardian of a minor to select from among the penalties for a minor convicted of possession of a tobacco product or electronic smoking device. The hearing is slated for Wednesday at 9:15 a.m.
SB2228 – Beginning July 1, 2020, prohibits the sale of flavored products for electronic smoking devices, the mislabeling of e-liquid products containing nicotine, and the sale of tobacco products other than through retail sales via a direct, in-person exchange between a retailer and consumer. Establishes penalties. The hearing is scheduled for Wednesday at 9:30 a.m.
ESD Regulation –

These bills aim to regulate e-cigarettes by: (1) requiring e-cigarette retailers and wholesalers to obtain a tobacco license and/or permit; (2) establishing a tax on e-liquid and electronic smoking devices of 70% of the wholesale price; and (3) only allow the shipment of ESDs to those with a tobacco license.

SB2231 – Establishes the offense of unlawful shipment of e-liquid products. Includes e-liquid and electronic smoking devices containing e-liquid within the definition of “tobacco products”, as used in the cigarette tax and tobacco tax law. Allocates a portion of funds collected from excise taxes on tobacco products to health education and prevention programs about the risks and dangers of the use of electronic smoking devices for youth. Repeals certain provisions of the Hawaii Revised Statutes relating to electronic smoking devices. The hearing is slated for Wednesday at 9:30 a.m.
SB2227 – Requires that e-liquid and e-smoking devices be included within the definition of “tobacco products”, as used in the cigarette tax and tobacco tax law. Increases the license fee for persons engaged as a wholesaler or dealer of cigarettes and tobacco products. Increases the retail tobacco permit fee for retailers engaged in the retail sale of cigarettes and tobacco products. Allocates a portion of funds collected on excise taxes on tobacco products to fund health education, prevention, and nicotine cessation programs for youth, regarding the risks and dangers of the use of e-smoking devices. Repeals certain provisions of the Hawaii Revised Statutes relating to e-smoking devices. The hearing is scheduled for Wednesday at 9:30 a.m.
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