THE SENATE

S.B. NO.

2688

TWENTY-EIGHTH LEGISLATURE, 2016

S.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE SALE OF E-LIQUID.

 

 

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

 


     SECTION 1.  The legislature finds that according to the Centers for Disease Control and Prevention, calls to poison control centers across the country related to exposure to nicotine in cigarettes have grown considerably since 2010.  Poison experts warn that concentrated nicotine in liquid form is significantly toxic, even in small doses, as poisonings related to e-liquid containers can occur when nicotine is inhaled or absorbed through the skin or eyes.

     The legislature further finds that the packaging and use of electronic smoking devices are potentially hazardous to the health of Hawaii residents, including Hawaii's children, yet many liquids for electronic smoking devices are offered in flavors and scents that are appealing to children.  There are currently no packaging requirements for the sale of e‑liquid containers.  Stringent packaging and labeling requirements for e‑liquid containers will protect young children from inadvertent exposure to the contents of electronic smoking device cartridges and also inform consumers whether an e-liquid product contains nicotine, a highly addictive substance.

     The purpose of this Act is to establish safe and responsible packaging requirements for e-liquid containers to protect Hawaii's children and ensure consumers are better informed regarding the contents of electronic smoking device products.

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

     "§328J-    Sale of certain e-liquid containers prohibited.  (a)  It shall be unlawful for any person or business to sell, offer for sale, or introduce into commerce in the State an e‑liquid container unless the e-liquid container constitutes child-resistant packaging.

     (b)  It shall be unlawful for any person or business to sell, offer for sale, or introduce into commerce in the State an e-liquid container for an e-liquid containing nicotine unless the packaging for the e-liquid clearly and legibly states:

     (1)  "Warning – contains nicotine:       (mg/mL).  Not for sale to persons under 21 years of age.";

     (2)  Do not swallow or get on skin or eyes.  Keep out of reach of children and pets.  For help call Hawaii Poison Control Center – 800-222-1222."; and

     (3)  "This product is not FDA approved."

     (c)  Any person convicted of violating this section shall be guilty of a penalty."

     SECTION 3.  Chapter 330C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§330C-    E-liquid packaging standards.  It shall be unlawful for any person or business to sell, offer for sale, or introduce into commerce in the State an e-liquid container unless the e-liquid container or e-liquid is packaged pursuant to section 328J-  ."

     SECTION 4.  Section 328J-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

     ""Child-resistant packaging" means packaging that is designed or constructed to be significantly difficult for children under five years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time and not difficult for adults to use properly.  This term does not include packaging that all such children cannot open or obtain a toxic or harmful amount within a reasonable time.

     "E-liquid" means a liquid product, whether or not it contains nicotine, that is intended to be vaporized and inhaled using an electronic smoking device.

     "E-liquid container" means a bottle or other container of e-liquid.  This term does not include a container holding liquid that is intended for use in an electronic smoking device if the container is pre-filled and sealed by the manufacturer and is not intended to be opened by the consumer."

     SECTION 5.  Section 330C-3, Hawaii Revised Statutes, is amended by amending the definition of "hazardous substance" to read as follows:

     "(3) "Hazardous substance" means:

         (A)  Any substance or mixture of substances which (i) is toxic, (ii) is corrosive, (iii) is an irritant, (iv) is a strong sensitizer, (v) is flammable or combustible, or (vi) generates pressure through decomposition, heat, or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion by children.

         (B)  Any substances which the director by rule finds pursuant to section 330C-4(1), meet the requirements of subparagraph (A) of this paragraph.

         (C)  Any radioactive substances, if, with respect to such substances as used in a particular class of article or as packaged, the director determines by regulation that the substance is sufficiently hazardous to require labeling in accordance with this chapter in order to protect the public health.

         (D)  The term "hazardous substance" shall not apply to pesticides subject to the Federal Insecticide, Fungicide, and Rodenticide Act, nor to foods, drugs, and cosmetics subject to the Federal Food, Drug, and Cosmetic Act, nor to substances intended for use as fuels when stored in containers and used in the heating, cooking, or refrigeration system of a house, but such term shall apply to any article which is not itself an economic poison within the meaning of the Federal Insecticide, Fungicide, and Rodenticide Act but which is a hazardous substance within the meaning of subparagraph (A) of this paragraph by reason of bearing or containing such a pesticide.

         (E)  The term "hazardous substance" shall not include any source material, special nuclear material, or byproduct material as defined in the Atomic Energy Act of 1954, as amended, and regulations issued pursuant thereto by the Atomic Energy Commission.

         (F)  E-liquid as defined in section 328J-1; provided that e-liquid containers and e-liquids shall be packaged pursuant to section 328J-  ."

     SECTION 6.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on January 7, 2059.



 

Report Title:

E-liquid; Electronic Smoking Devices; Packaging Requirements; Prohibitions; Penalties

 

Description:

Beginning January 1, 2017, prohibits the sale of an e-liquid container for an electronic smoking device unless the container is child-resistant and prohibits the sale of an e-liquid container for an e-liquid containing nicotine unless the e-liquid packaging is labeled with warning language.  Establishes a violation as a penalty.  Includes e-liquid under the definition of "hazardous substance" as used in the Hawaii Poison Prevention Packaging Act.  Effective January 7, 2059.  (SD2)

 

 

 

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