STAND. COM. REP. NO. 3453

Honolulu, Hawaii

RE:    H.B. No. 1176

       H.D. 2

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committees on Commerce, Consumer Protection, and Health and Judiciary and Labor, to which was referred H.B. No. 1176, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO CONSUMER PROTECTION,"

beg leave to report as follows:

     The purpose and intent of this measure is to prohibit:

     (1)  Physicians, surgeons, and podiatrists from prescribing more than three sequential thirty-day prescriptions totaling a ninety-day supply of a schedule II controlled substance; and

     (2)  Authorization for refills of a schedule III narcotic drug more than five times.

     Prior to the hearing on this measure, your Committees posted and made available for public review a proposed S.D. 1, which deletes the contents of this measure and inserts language to:

     (1)  Beginning January 1, 2017, prohibit the sale of an e-liquid container for an electronic smoking device unless the container is child-resistant and prohibit the sale of an e-liquid container that includes e-liquid containing nicotine unless the e-liquid packaging is labeled with warning language;

     (2)  Include e-liquid under the definition of "hazardous substance" as used in the Hawaii Poison Prevention Packaging Act; and

     (3)  Include an effective date of January 1, 2017.

     Your Committees received testimony in support of the proposed S.D. 1 from the Department of Health, University of Hawaii Student Health Advisory Council, Hawai‘i Public Health Institute, VOLCANO Fine Electronic Cigarettes, Hawaii Vapers United, and one individual.  Your Committees received testimony in opposition of the proposed S.D. 1 from the League of Women Voters of Hawaii and three individuals.

     Your Committees find 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.

     Your Committees further find 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.

     Your Committees have amended this measure by adopting the proposed S.D. 1 and further amending the proposed S.D. 1 by amending the package labeling requirements for e-liquid containers that include e-liquid containing nicotine.

     As affirmed by the records of votes of the members of your Committees on Commerce, Consumer Protection, and Health and Judiciary and Labor that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 1176, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 1176, H.D. 2, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Commerce, Consumer Protection, and Health and Judiciary and Labor,

________________________________ GILBERT S.C. KEITH-AGARAN, Chair

________________________________ ROSALYN H. BAKER, Chair