SB875

SECTION 1. The legislature finds that the cost of living in Hawaii is extremely high and many residents are struggling to pay for food, medication, housing, and other necessities. Many Hawaii residents, including vulnerable populations, suffer from food insecurity. A 2021 study by the University of Hawaii at Manoa stated that forty-eight per cent of Hawaii families with children are experiencing food insecurity. A 2021 Cornell study indicated that even the slightest increase in tax rate correlated to an increased likelihood of food insecurity.

The legislature further finds that only thirteen states tax most foods purchased for consumption at home from the state sales tax. Six of the states that tax groceries do so at a reduced rate. Taxing the sale of groceries is generally considered regressive and disproportionately hurts working families because they spend a higher percentage of their income on food. Hawaii's general excise tax on groceries negatively affects not only the amount of food that Hawaii families can afford, but also the quality and diversity of their food choices.

According to the United States Department of Agriculture, a Hawaii family on a thrifty food plan spends $1,794.60 per month on food. This family would pay over $800 a year in state taxes on those groceries. The thrifty food plan represents those on a limited budget. Even if this family is eligible for a refundable food/excise tax credit, the family would likely get back less than one-half of those state taxes paid on groceries.

The legislature has already recognized that certain items should be exempt from the general excise tax, as evidenced by the existing general exemption for amounts received by certain entities for selling prescription drugs. Lowering the tax rate on groceries and nonprescription drugs will have an immediate positive impact on Hawaii's cost of living by lowering the cost of these necessary items.

Accordingly, the purpose of this Act is to:

(1) Establish a reduction in the general excise tax rate on gross proceeds or income from the sale of groceries that are eligible for purchase under the supplemental nutrition assistance program or special supplemental nutrition program for women, infants, and children and from the sale of nonprescription drugs; and

(2) Require the department of business, economic development and tourism to conduct an economic cost-benefit analysis on the general excise reductions and submit a report to the legislature.

SECTION 2. Chapter 237, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§237- Reduced rate; eligible groceries. (a) Notwithstanding section 237-13 to the contrary, beginning January 1, 2026, there is hereby levied and shall be assessed and collected a tax equivalent to one-half per cent less than the rate that would have applied pursuant to section 237-13 of the gross proceeds or income received from the sale of all groceries eligible for purchase under the supplemental nutrition assistance program and special supplemental nutrition program for women, infants, and children within the State, regardless of the means of purchase and the eligibility of the purchaser for supplemental nutrition assistance program or special supplemental nutrition program for women, infants, and children benefits.

(b) For the purposes of this section:

"Food" or "food product" means substances, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are consumed for their taste or nutritional value.

"Groceries" means any food or food product for home consumption. "Groceries" may be further defined by the department by rule through the enumeration of items in rules or tax informational release; provided that the department shall consult with the federal Food and Nutrition Service of the United States Department of Agriculture in further defining the term "groceries" for purposes of the supplemental nutrition assistance program and special supplemental nutrition program for women, infants, and children.

§237- Reduced rate; nonprescription drugs. (a) Notwithstanding section 237-13 to the contrary, beginning January 1, 2026, there is hereby levied and shall be assessed and collected a tax equivalent to one-half per cent less than the rate that would have applied pursuant to section 237-13 of the gross proceeds or income received from the sale of nonprescription drugs.

(b) For the purposes of this section:

"Drug" means:

(1) Articles recognized in the official United States Pharmacopoeia, official United States Pharmacopoeia Dispensing Information, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of these publications;

(2) Articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans;

(3) Articles, other than food or clothing, intended to affect the structure or any function of the body of humans; or

(4) Articles intended for use as a component of any article specified in paragraph (1), (2), or (3); provided that the term "drug" does not include devices or their components, parts or accessories, cosmetics, or liquor as defined in section 281-1.

"Nonprescription drug" means any packaged, bottled, or nonbulk chemical, drug, or medicine that may be lawfully sold without a practitioner's order."

SECTION 3. (a) By December 1, 2026, the department of business, economic development, and tourism shall conduct an economic cost-benefit analysis on the general excise tax reductions for calendar year 2026 as provided in section 2 of this Act.

(b) The department of business, economic development, and tourism shall submit a report of its findings from the economic cost-benefit analysis, including any recommendations and proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2027.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2025.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	875
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII