Honolulu, Hawaii



RE:    S.B. No. 1133

       S.D. 1




Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii




     Your Committee on Energy and Environment, to which was referred S.B. No. 1133 entitled:




begs leave to report as follows:


     The purpose and intent of this measure is to remove the exemption for dietary supplements from the deposit beverage container program.


     Your Committee received testimony in support of this measure from the Department of Health; Conservation Council of Hawaii; Sierra Club, Hawaii Chapter; and two individuals.  Your Committee received testimony in opposition to this measure from the Hawaii Food Industry Association.


     Your Committee finds that along with milk, drugs, medical foods, and infant formula, dietary supplements have been excluded from the deposit beverage container program.  Hawaii statute cites federal Food and Drug Administration regulations in defining "dietary supplement".  However, the Food and Drug Administration does not vigorously regulate the dietary supplement industry.  This approach gives manufacturers nearly free reign to unilaterally define a product as a dietary supplement or not.


     Your Committee further finds that the ambiguity of regulations for dietary supplements makes it difficult for the deposit beverage container program to make consistent eligibility determinations on potential dietary supplements for Hawaii's program.  These difficulties are frustrating to the deposit beverage container program and beverage distributors because of the disproportionate time and effort involved in making a proper determination.  Deleting the "dietary supplement" exemption will facilitate more consistent eligibility determinations.


     Your Committee expresses concerns about dietary supplements in containers of one fluid ounce or less and whether those containers can be in compliance.  Your Committee finds that this concern merits further consideration and requests that your Committee on Ways and Means further examine this issue.


     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.


     As affirmed by the record of votes of the members of your Committee on Energy and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1133, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1133, S.D. 1, and be referred to the Committee on Ways and Means.


Respectfully submitted on behalf of the members of the Committee on Energy and Environment,