HOUSE OF REPRESENTATIVES

H.B. NO.

585

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the regulation of electronic smoking devices.

 

 

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

 


SECTION 1. The legislature finds that the unregulated use of electronic smoking devices is potentially hazardous to health and is disruptive to an orderly and productive work environment. Using a noncombustible electronic smoking device closely resembles and purposefully mimics the act of smoking by having a user inhale vaporized liquid nicotine created by heat through an electronic ignition system.

The 2014 United States Surgeon General's report on the health consequences of smoking states that studies and assessments by the Food and Drug Administration and independent scientists have demonstrated enormous variability in design, operation, and contents, and emissions of carcinogens, other toxicants, and nicotine from electronic smoking devices. The Food and Drug Administration's testing also suggests that "quality control processes used to manufacture these products are inconsistent or non-existent".

The legislature further finds that electronic smoking devices produce an aerosol of undetermined and potentially harmful substances, which may appear similar to the smoke emitted by traditional tobacco products. The use of electronic smoking devices in locations where smoking is prohibited threatens to undermine compliance with smoking regulations, creates a disturbance that impedes employee performance, confuses the public, and reverses the progress that has been made in establishing a social norm that smoking is not permitted in enclosed or partially enclosed public places and places of employment.

Prohibiting the use of electronic smoking devices in enclosed or partially enclosed places where smoking is prohibited will reduce the likelihood that employees and the public will associate the use of electronic smoking devices in enclosed or partially enclosed areas with healthful behavior, reduce the likelihood of nonuser exposure to exhaled toxicants of potential harm, reduce the likelihood of workplace disturbances, enhance employee productivity, and help ensure compliance with existing smoking regulations.

Accordingly, the purpose of this Act is to prohibit the use of electronic smoking devices in places where smoking is currently prohibited and to update signage requirements to reflect the new prohibition.

SECTION 2. Section 328J-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:

""Electronic smoking device" means any electronic product that delivers nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic pipe, vape pen, or electronic hookah. "Electronic smoking device" includes any component, part, or accessory of such a product, whether or not sold separately. "Electronic smoking device" does not include drugs, devices, or combination products approved for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.

"Tobacco product" means any product that is made from or derived from tobacco, which contains nicotine or a similar substance, and is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled, or ingested by any other means, including but not limited to a cigarette, cigar, pipe tobacco, chewing tobacco, snuff, snus, or an electronic smoking device. "Tobacco product" does not include drugs, devices, or combination products approved for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act."

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

""Smoke" or "smoking" means [inhaling or exhaling the fumes of tobacco or any other plant material, or burning or carrying any lighted smoking equipment for tobacco or any other plant material.] inhaling, exhaling, burning, or carrying any lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form. "Smoking" includes the use of an electronic smoking device."

SECTION 4. Section 328J-9, Hawaii Revised Statutes, is amended to read as follows:

"[[]328J‑9[]] Signs. (a) Clearly legible signs that include the words "Smoking Prohibited by Law[" with letters of not less than one inch in height] Including E-cigarettes And All Other Electronic Smoking Devices" or the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette and a symbol of an electronic smoking device enclosed in a red circle with a red bar across it, or both, shall be clearly and conspicuously posted in and at the entrance to every place open to the public and place of employment where smoking is prohibited by this chapter by the owner, operator, manager, or other person in control of that place.

(b) In signs required by this section, the words "Smoking Prohibited by Law" shall be in letters of not less than three‑quarters of an inch in height, and the remaining words shall be in letters of not less than one-quarter inch in height."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on September 1, 2015.

 

INTRODUCED BY:

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Report Title:

Electronic Smoking Devices; Regulations; Signage Requirements

 

Description:

Prohibits the use of electronic smoking devices in places where smoking is prohibited. Updates signage requirements.

 

 

 

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