THE SENATE	S.B. NO.	2495
TWENTY-SEVENTH LEGISLATURE, 2014		S.D. 3
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO ELECTRONIC SMOKING DEVICES.

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

     SECTION 1.  The legislature finds that electronic smoking devices, also known as electronic cigarettes or e-cigarettes, are battery-powered devices, often resembling cigarettes, cigars, or pipes, designed to deliver nicotine or other substances to users in the form of a vapor smoke that is breathed in then exhaled.  Sales of electronic smoking devices in the United States have doubled each year since 2008, with sales in 2013 projected to reach $1,700,000,000.  Findings from the National Youth Tobacco Survey also indicate the growing popularity of electronic smoking devices among youth, with 1,800,000 middle and high school students stating they had tried these products in 2012.

The legislature further finds that, due to the relative lack of research data on electronic smoking devices, many public health organizations and policymakers are concerned about the safety and impact of these products on public health.  Furthermore, because the federal government has not yet exercised its regulatory authority over electronic smoking devices, the products are manufactured without regulatory oversight or quality control, and promoted, advertised, and sold without appropriate health warnings or legal age restrictions.

In response, a growing number of state and local governments have taken steps to regulate the sale, marketing, and use of electronic smoking devices.  The legislature concludes that Hawaii should also take additional steps to regulate these products.

     The purpose of this Act is to prohibit the use of electronic smoking devices in enclosed public areas and other specified locations under chapter 328J, Hawaii Revised Statutes.

     SECTION 2.  Section 328J-1, Hawaii Revised Statutes, is amended as follows:

1.  By adding two new definitions to be appropriately inserted and to read:

     ""Electronic smoking device" means any electronic product that can be used to vaporize and deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product.

"Tobacco product" means any product made or derived from tobacco, that contains nicotine or other substances, 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 any product specifically approved by the United States Food and Drug Administration for legal sale as a tobacco cessation product that is being marketed and sold solely for that approved purpose."

2.  By amending the definition of "smoke" or "smoking" to read:

""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 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.

Report Title:

Electronic Smoking Device; Tobacco Products; Smoking

Description:

Prohibits the use of electronic smoking devices in enclosed public areas and other specified locations under Chapter 328J, Hawaii Revised Statutes.  Effective July 1, 2050.  (SB2495 HD1)

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