THE SENATE

S.B. NO.

642

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to health.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that the tobacco industry spends more than $12,000,000,000 annually on advertising and marketing its products in the United States.  Each year, tobacco companies spend over $42,000,000 promoting their brands in stores throughout Hawaii.  The National Cancer Institute has reported that the total weight of evidence from multiple studies demonstrates a causal relationship between tobacco advertising and promotion and increased tobacco use.

     The legislature additionally finds that retail stores are given incentives to place tobacco advertisements and products in strategic locations near the cash register, known as a point-of-sale, or in self-service displays.  Research indicates the presence of these products and advertisements may stimulate impulse purchases.  Furthermore, a 2009 study found that frequent visits to stores selling tobacco and a greater awareness of cigarettes sold in stores increased the likelihood of teenagers being susceptible to initiating smoking, experimenting with smoking, or becoming smokers.

     The legislature has a compelling interest in reducing the number of children and teens in Hawaii who smoke.  The legislature finds that because of the documented connection between children and youth exposure to tobacco advertisements and youth tobacco initiation, regulations on the placement of cigarette and tobacco products is needed.

     The purpose of this Act is to require cigarettes and tobacco products to be stored for sale behind a counter, except in certain establishments.

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

     "§328J-    Placement of cigarettes and tobacco products.  (a)  A person who owns, manages, operates, or otherwise controls any establishment where cigarettes or tobacco products are sold or offered for sale shall not sell, permit to be sold, offer for sale, or display for sale any cigarettes or tobacco products, unless the cigarettes or tobacco products are stored for sale behind a counter in an area accessible only to the personnel of the business.

     (b)  This section shall not apply to retail tobacco stores, bars, or any establishment for which the minimum age for admission is eighteen."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Tobacco; Tobacco Products; Placement

Description:

Requires cigarettes and tobacco products to be stored for sale behind a counter in certain establishments.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.