STAND. COM. REP. NO.198-02

Honolulu, Hawaii

, 2002

RE: H.B. No. 2219

H.D. 1




Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii


Your Committee on Health, to which was referred H.B. No. 2219 entitled:


begs leave to report as follows:

The purpose of this bill is to authorize the Department of Health (DOH) to regulate tobacco products in Hawaii.

Specifically, this bill:

(1) Authorizes DOH to obtain annual reports from tobacco manufacturers that specify the identity of added constituents, nicotine yield ratings, and the identity and quantity of toxic constituents in the products;

(2) Requires DOH to investigate public health risks associated with exposure to added constituents, toxic constituents, and nicotine;

(3) Authorizes DOH to develop standards for manufacturers to reduce the risks;

(4) Requires that the annual reports be public records, except for toxic constituents, unless the Attorney General advises otherwise; and

(5) Removes tobacco and tobacco products from the definition of "consumer commodity".

The American Cancer Society, Coalition for a Tobacco Free Hawaii, and a concerned citizen testified in support of this measure. DOH and the Office of Information Practices supported the intent of the measure. Brown & Williamson Tobacco Corporation opposed this measure.

Your Committee finds that individual states have been left with the task of regulating tobacco products after a United States Supreme Court decision held that the Food and Drug Administration did not have that authority. DOH will be charged with regulating tobacco products and developing standards of levels of constituents and nicotine that are acceptable. Products that do not meet the standards will not be sold in Hawaii.

Some testifiers were concerned with the portion of the bill that would keep information on toxic constituents confidential.

Accordingly, your Committee has amended this bill by:

(1) Removing reference to toxic constituents;

(2) Allowing all of the information provided to DOH in the annual reports to be public record by deleting language that kept information on toxic constituents confidential; and

(3) Making technical, nonsubstantive amendments for purposes of clarity and style.

As affirmed by the record of votes of the members of your Committee on Health that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2219, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2219, H.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.


Respectfully submitted on behalf of the members of the Committee on Health,