THE SENATE	S.B. NO.	2621
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

relating to water pollution.

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

SECTION 1. The legislature finds that Act 104, Session Laws of Hawaii 2018, prevents the sale and distribution of sunscreen containing oxybenzone and octinoxate in the State beginning in 2021 to preserve the State's marine ecosystems.

The purpose of this Act is to further prohibit the sale and distribution of sunscreen containing certain chemicals within the State and allow the department of health to prevent the sale of additional chemicals through its administrative rulemaking process.

SECTION 2. Section 342D-21, Hawaii Revised Statutes, is amended to read as follows:

"[[]§342D-21[]] Sale and distribution of sunscreen containing oxybenzone [or], octinoxate, octocrylene, octisalate, or [both;] homosalate; prohibition. (a) Beginning January 1, 2021, it shall be unlawful to sell, offer for sale, or distribute for sale in the State any sunscreen that contains oxybenzone [or], octinoxate, octocrylene, octisalate, or [both,] homosalate without a prescription issued by a licensed healthcare provider.

(b) No county shall enact any ordinance or regulatory restriction to prohibit the sale, use, labeling, packaging, handling, distribution, or advertisement of sunscreens containing oxybenzone [or], octinoxate, octocrylene, octisalate, or [both,] homosalate prior to January 1, 2021.

(c) The department may adopt rules pursuant to chapter 91 to prevent the sale and distribution of additional chemicals in sunscreens within the State.

[(c)](d) For purposes of this section:

"Homosalate" refers to the chemical 3, 3, 5-Trimethylcyclohexyl 2-Hydroxybenzoate under the International Union of Pure and Applied Chemistry chemical nomenclature registry; that has a chemical abstract service registry number 118-56-9; the synonyms of which include but are not limited to Coppertone, Homomenthyl salicylate, Heliopan, Heliophan, Filtersol "A", m-Homomenthyl salicylate, Kemester HMS, Trimethylcyclohenyl salicylate, and 3, 5-Trimethylcyclohexyl salicylate; and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 295 nanometers to 315 nanometers in a sunscreen.

"Licensed healthcare provider" means a physician or osteopathic physician licensed pursuant to chapter 453, or an advanced practice registered nurse licensed pursuant to chapter 457.

"Octinoxate" refers to 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; the synonyms of which include but are not limited to ethylhexyl methoxycinnamate, octyl methoxycinnamate, Eusolex 2292, Neo Heliopan AV, NSC 26466, Parsol MOX, Parsol MCX, 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 a sunscreen.

"Octisalate" refers to the chemical 2-ethylhexyl 2-hydroxybenzoate under the International Union of Pure and Applied Chemistry chemical nomenclature registry; that has a chemical abstract service registry number 118-60-5; the synonyms of which include but are not limited to benzoic acid, 2 hydroxy, 2-ethylhexyl ester, 2-ethylhexyl salicylate, ethylhexyl salicylate, Dermoblock OS, Escalol 587, Eusolex OS, Neo Heliopan OS, NSC 46151, Octyl salicylate, Parsol EHS, Sunarome O, Sunarome WMO, Uvinul 0-18, and WMO; and is intended to be used as protection against ultraviolet light radiation in a sunscreen.

"Octocrylene" refers to the chemical 2-ethylhexyl 2-cyano-3, 3-diphenyl-2-propenoate under the International Union of Pure and Applied Chemistry chemical nomenclature registry; that has a chemical abstract service registry number 6197-30-4; the synonyms of which include but are not limited to octocrylene, Uvinul N-539, 2-ethylhexyl 2-cyano-3-3-diphenylacrylate, Octocrileno, Parasol 340, UV Absorber-3, Escalol 597, Eusolex OCR, Neo Heliopan 303, Sanduvor 3039, Seesorb 502, and Viosorb 930; and is intended to be used as protection against ultraviolet light radiation with a maximum spectrum wavelength at 303 nanometers in a sunscreen.

"Oxybenzone" refers to 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; the synonyms of which include but are not limited to benzophenone-3, Escalol 567, Eusolex 4360, KAHSCREEN BZ-3, Uvasorb MET/C, Syntase 62, UV 9, Uvinul 9, Uvinul M-40, Uvistat 24, USAF Cy-9, Uniphenone-3U, 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 a sunscreen.

"Prescription" means an order for medication, that is dispensed to or for an ultimate user. "Prescription" shall not include an order for medication that is dispensed for immediate administration to the ultimate user, such as a chart order to dispense a drug to a bed patient for immediate administration in a hospital. "Prescription" includes an order for a sunscreen.

"Sunscreen" means a product marketed or intended for topical use to prevent sunburn. Sunscreen does not include products marketed or intended for use as a cosmetic, as defined in section 328-1, for the face."

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

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Department of Health; Water Pollution; Sunscreen; Distribution; Prohibition

Description:

Adds the chemicals homosalate, octocrylene, and octisalate to the sale and distribution sunscreen ban beginning on 1/1/2021. Allows the Department of Health to adopt rules to add additional harmful chemicals to the sale and distribution ban.

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