STAND. COM. REP. NO. 2607

Honolulu, Hawaii

RE: S.B. No. 2113

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2018

State of Hawaii

Sir:

Your Committees on Judiciary and Ways and Means, to which was referred S.B. No. 2113, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ANIMALS,"

beg leave to report as follows:

The purpose and intent of this measure is to prohibit manufacturers and contract testing facilities in Hawaii from using animal test methods for the purpose of testing cosmetics or household products if an alternative testing method is available.

Your Committees received testimony in support of this measure from the Humane Society of the United States and six individuals. Your Committees received testimony in opposition to this measure from the Hawaii Cattlemen's Council, Inc. Your Committees received comments on this measure from the University of Hawaii System.

Your Committees find that the trend among manufacturers of cosmetics and household products is to utilize testing methods that do not involve animals. Many alternatives to animal testing exist that are cheaper, faster, and better able to predict human reactions. Your Committees find that Hawaii should lead by example and prohibit manufacturers from using animal testing methods for cosmetics and household products when alternative methods are available, though your Committees realize that potential issues of enforceability may arise.

Your Committees express concern that the exclusive remedy allowed by this measure lies with the Department of the Attorney General. Because the definition of an acceptable "alternative method" in this measure includes use of fewer animals or methods that cause "less suffering" to animals already being tested, the Department of the Attorney General is therefore required to engage in case-by-case analysis of whether certain testing techniques are most appropriate for certain cosmetics or products. Your Committees doubt that, as written, even with use of costly outside investigatory resources, the Department of the Attorney General would be able to consistently and meaningfully enforce this measure.

Your Committees have amended this measure by:

(1) Revising its legislative findings;

(2) Inserting an effective date of July 1, 2050, to encourage further discussion; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

As affirmed by the records of votes of the members of your Committees on Judiciary and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2113, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 2113, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Ways and Means,

________________________________ DONOVAN M. DELA CRUZ, Chair

________________________________ BRIAN T. TANIGUCHI, Chair