STAND. COM. REP. NO. 2512

Honolulu, Hawaii

RE: S.B. No. 2778

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Agriculture and Environment, to which was referred S.B. No. 2778 entitled:

"A BILL FOR AN ACT RELATING TO PRODUCTS CONTAINING SUN PROTECTION FACTOR INGREDIENTS,"

begs leave to report as follows:

The purpose and intent of this measure is to require that all sunscreens sold and distributed in Hawaii must only contain active ingredients classified by the Food and Drug Administration as a Category I substance – generally recognized as safe and effective for the therapeutic indication, starting January 1, 2023.

Your Committee received testimony in support of this measure from Surfrider Oahu, Animal Rights Hawai'i, Friends of Hanauma Bay, H2Ohana, Activities & Attractions Association of Hawaii, Haereticus Environmental Laboratory, Kokua Sun Care LLC, Fair Wind Cruises, For the Fishes, Surfrider Foundation, and twenty-five individuals. Your Committee received testimony in opposition to this measure from the Hawaii Food Industry Association, Personal Care Products Council, American Chemistry Council, Consumer Brands Association, and Consumer Healthcare Products Association. Your Committee received comments on this measure from the Department of Health.

Your Committee finds that in February 2019, the Food and Drug Administration proposed an update to the regulatory requirements for nonprescription, over-the-counter sunscreen products. In the proposed update, the FDA proposed that only two of the sixteen active ingredients in commercial sunscreen products are generally recognized as safe and effective (GRASE). The remaining active ingredients are not confirmed or have yet to be confirmed to be GRASE.

Your Committee notes that the legislature has taken proactive action to prevent potential toxicologic impacts of active sunscreen ingredients on coral reefs and human health. Specifically, Act 104, Session Laws of Hawaii 2018, bans the sale, offer of sale, and distribution of sunscreen that contains oxybenzone or octinoxate in the State, without a prescription issued by a licensed healthcare provider. Accordingly, your Committee finds that this measure is in the interest of promoting the health of Hawaii's marine environment, residents, and the millions of visitors to the islands yearly.

As affirmed by the record of votes of the members of your Committee on Agriculture and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2778 and recommends that it pass Second Reading and be referred to your Committee on Commerce, Consumer Protection, and Health.

Respectfully submitted on behalf of the members of the Committee on Agriculture and Environment,

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MIKE GABBARD, Chair