STAND. COM. REP. NO. 1668

Honolulu, Hawaii

, 2019

RE: S.B. No. 1009

S.D. 2

H.D. 2

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii

Sir:

Your Committees on Consumer Protection & Commerce and Judiciary, to which was referred S.B. No. 1009, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FLAVORED TOBACCO PRODUCTS,"

beg leave to report as follows:

The purpose of this measure is to prohibit the sale or distribution of all flavored tobacco products, including e-liquids, in the State.

The Department of Education, Department of Health, Councilmembers of the County of Maui, County of Hawaii Office of the Prosecuting Attorney, Cancer Prevention in the Pacific Program, We Are One, Inc., Hawai‘i Primary Care Association, Hawaii State Teachers Association, Hawaii Children's Action Network, Hawai‘i Public Health Association, Hawaii Dental Hygienists' Association, American Heart Association, Lanai Community Health Center, Hawaii Youth Services Network, Blue Zones Project-Hawaii, Hamakua Cougars, Kapi‘olani Medical Center for Women & Children, Hamakua-Kohala Health, Hamakua Health Center, Inc., Pediatric Therapies Hawaii, Friends of Kamalani and Lydgate Park, Hawai‘i Public Health Institute, Hawai‘i Pacific Health, The Man Cave, Youth for Safety, and many individuals supported this measure.

Eciggity, Irie Hawaii, Hawaii Smokers Alliance, Retail Merchants of Hawaii, Hawaii Petroleum Marketers Association, Cigar Association of America, Inc., Volcano Fine Electronic Cigarettes, Vape Kings, LLC, and many individuals opposed this measure.

The Department of the Attorney General and Hawaii Food Industry Association provided comments.

Your Committees have amended this measure by:

(1) Clarifying that retailers and agents or employees of retailers may be criminally liable;

(2) Including a definition of "entity" to clarify that this measure applies to all retail entities regardless of ownership or business structure; and

(3) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the records of votes of the members of your Committees on Consumer Protection & Commerce and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1009, S.D. 2, H.D. 1, as amended herein, and recommend that it be referred to your Committee on Finance, in the form attached hereto as S.B. No. 1009, S.D. 2, H.D. 2.

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

____________________________ CHRIS LEE, Chair

____________________________ ROY M. TAKUMI, Chair