Report Title:

Tobacco; DOH Regulation


Requires tobacco manufacturers to report yearly to DOH on added constituents and nicotine in tobacco products. Requires DOH to investigate public health risks and develop standards to reduce risks associated with exposure to these constituents. Deletes tobacco products from definition of "consumer commodity."


S.B. NO.









relating to the regulation of tobacco products.



SECTION 1. The legislature finds that one-third of all children who smoke regularly will die of tobacco-related causes. In the United States, twenty per cent of all deaths are caused by tobacco use. In Hawaii, that percentage is seventeen per cent. These percentages translate to one thousand two hundred deaths per day nationwide and about one thousand two hundred deaths in Hawaii annually. Despite a massive and expensive effort involving education, negative advertising, and environmental restrictions, there has only been a modest decrease in smoking and, in fact, an increase among teens, especially females and minorities.

The legislature further finds that there are time-tested, standard procedures for regulation of food, drugs, cosmetics, and medical devices at the state and federal levels. These procedures effectively deal with six controversial issues that arise when regulation of tobacco is attempted in other ways: individual rights; political influence; conflict of interest; withholding of data from clinical trials; reliance on epidemiological data; and consistency of product. In other words, guidelines that were created to deal with food, drug, and cosmetic products operate effectively and objectively, which is precisely what is needed for the regulation of tobacco.

The purpose of this Act is to grant the department of health regulatory power over tobacco and tobacco products.

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

"328-   Tobacco products; annual reports of added constituent and nicotine yield ratings. (a) For the purpose of protecting the public health, any manufacturer of cigarettes, snuff, or chewing tobacco sold in the State shall provide the department of health with an annual report, in a form and at a time specified by the department, that lists for each brand of the tobacco product sold the following information:

(1) The identity of any added constituent including tobacco and reconstituted tobacco sheet made wholly from tobacco, to be listed in descending order according to weight, measure, or numerical count; and

(2) The nicotine yield ratings, which shall accurately predict nicotine intake for average consumers, based on standards to be established by the department of health.

(b) The department shall investigate public health risks associated with exposure to added constituents and nicotine, and may develop standards for manufacturers to reduce risks associated with exposure to added constituents and nicotine.

(c) The information provided to the department in the annual report pursuant to subsection (a) shall be a government record."

SECTION 3. Section 328-1, Hawaii Revised Statutes, is amended by amending the definition of "consumer commodity" to read as follows:

""Consumer commodity" means any food, drug, cosmetic, or device as those terms are defined by this part or the Federal Act. The term shall not include:

(1) Any meat or meat products or poultry or poultry products, except as these products are sold at retail in stores and restaurants in normal retail quantities; provided that any labeling requirements imposed under authority of this part shall comply with those established by the Secretary of Agriculture, United States Department of Agriculture;

[(2) Any tobacco or tobacco products;

(3)] (2) Any commodity subject to packaging and labeling requirements imposed by the Secretary of Agriculture pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act or the provisions of the eighth paragraph under the heading "Bureau of Animal Industry" of the Act of March 4, 1913 (37 Stat. 832-833; 21 U.S.C. 151-158), commonly known as the Virus-Serum-Toxin Act;

[(4)] (3) Any drug subject to section 503(b)(1) or 506 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1) and 356);

[(5)] (4) Any beverage subject to or complying with packaging and labeling requirements imposed under the Federal Alcohol Administration Act (27 U.S.C. 201-219a); or

[(6)] (5) Any commodity subject to the Federal Seed Act (7 U.S.C. 1551-1611)."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.