HB2264

HOUSE OF REPRESENTATIVES	H.B. NO.	2264
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE ENVIRONMENT.

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

SECTION 1. The legislature finds that the chemicals oxybenzone and octinoxate, which are found in some sunscreens, enter the ocean by washing off swimmers, surfers, paddlers, spearfishers, divers, and other ocean users. Although these chemicals are also present in other products, sunscreen products are by far the largest source of oxybenzone and octinoxate present in the ocean.

The legislature further finds that notable scientific evidence from years of research shows that oxybenzone and oxtinoxate are toxic to coral and threaten the health of reefs. These chemicals bioaccumulate in corals and cause developmental deformities, cellular degradation, and tissue lysis in coral larvae, which makes them unable to swim and settle out to form new coral colonies. In addition, exposure to oxybenzone and oxtinoxate makes coral more susceptible to bleaching at lower temperatures, and reduces the resiliency of a reef and its ability to recover from the impacts of other environmental hazards.

The legislature also finds that oxybenzone and octinoxate also have negative effects on human health. These chemicals are readily absorbed in the body and have been shown to cause disruptive reproductive effects. The legislature finds that according to a peer-reviewed study published in the scientific journal Environmental Science & Technology, exposure to these sunscreen chemicals has an estrogenic effect in the body, which can lead to endometriosis, breast cancer, and low birth weights for pregnant women. Oxybenzone exposure has also been linked to lower testosterone levels in boys and men.

The legislature also finds that researchers have found oxybenzone concentrations in some Hawaiian waters to be more than thirty times the level considered safe for coral. The legislature believes that Hawaii's beautiful beaches and coral reefs must be preserved to protect our economy, environment, and way of life.

Accordingly, the purpose of this Act is to protect our oceans and the health of residents and visitors by prohibiting the sale of non-prescription sunscreen products that contain oxybenzone or octinoxate. The legislature notes that prohibiting the sale of non-prescription suncreen products with these chemicals will not jeopardize public health. Effective sunscreen products can be made with mineral filters, such as non-nano zinc oxide and titanium dioxide, and are readily available.

SECTION 2. Chapter 342D, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

"§342D- Sale and distribution of certain sunscreen products prohibited. (a) After December 31, 2019, it shall be unlawful to sell, offer for sale, or distribute for sale any SPF sunscreen product that contains oxybenzone or octinoxate, unless the product is sold or distributed to fulfill a prescription.

(b) For purposes of this section:

"Cosmetic" and "prescription" have the same meaning as in section 328-1.

"Octinoxate" means the chemical (RS)-2-Ethylhexyl (2E)-3-(4-methoxyphenyl)prop-2-enoate under the International Union of Pure and Applied Chemistry chemical nomenclature registry that has a chemical abstract service registry number 5466-77-3, and whose synonyms include ethylhexylmethoxycinnamate, octyl methoxycinnamate, Eusolex 2292, and Uvinul MC80, and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in an epidermal sunscreen-protection personal care product.

"Oxybenzone" means the chemical (2-Hydroxy-4-methoxyphenyl)-phenylmethanone under the International Union of Pure and Applied Chemistry chemical nomenclature registry that has a chemical abstract service registry number 131-57-7, and whose synonyms include benzophenone-3, Escalol 567, Eusolex 4360, KAHSCREEN BZ-3, 4-methoxy-2-hydroxybenzophenone and Milestab 9, and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in an epidermal sunscreen-protection personal care product.

"SPF sunscreen product" means any sunscreen, sunblock, or suntan product that is subject to regulation under title 21 Code of Federal Regulations part 352; provided that "SPF sunscreen product" does not include any cosmetic.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2018.

INTRODUCED BY:	_____________________________