STAND. COM. REP. NO.  1108

Honolulu, Hawaii

                , 2009

RE:   H.C.R. No. 43

      H.D. 2

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committee on Consumer Protection & Commerce, to which was referred H.C.R. No. 43, H.D. 1, entitled:

"HOUSE CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HEALTH TO INVESTIGATE HEALTH RISKS AND POTENTIAL ENERGY USES OF POLYSTYRENE FOOD CONTAINERS AND TO ESTABLISH STANDARDS FOR BIODEGRADABLE PLASTIC FOOD CONTAINERS AND GROCERY BAGS,"

begs leave to report as follows:

     The purpose of this concurrent resolution is to request the Department of Health to study, report on and create standards regarding polystyrene and polyethylene, which are used in grocery bags and food containers and may be hazardous.

     The Department of Health submitted testimony in opposition.  While the Department of Health acknowledges the concerns over the use of plastics and their impacts on health and the environment, the Department opposes this measure, as they believe various aspects of this measure are unnecessary and beyond their means.  The Department of Health did agree to work with other states and federal government agencies to monitor new legislation and emerging health information on the safety of poly styrene food containers

     The Hawaii Food Industry Association (HFIA) supported this measure with amendments.  Realizing, that funding is a concern, HFIA suggested that a working group be created in lieu of the mandate in the measure, and that the group include: a representative from each County; the Dept. of Health; producers of polystyrene and plastic bags made in Hawaii; affected trade organizations; and, environmental organizations.

     Your Committee on Consumer Protection & Commerce recommends the measure be amended, asking the HFIA to take the lead in forming the working group to include all affected parties.  Your Committee also requests that a report be due 20 days prior to convening of the 2010 session.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 43, H.D. 1, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 43, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,

____________________________

ROBERT N. HERKES, Chair