RES 395 Draft 01 2024-2026 - Laserfiche WebLink

Home

I address the counties' need to protect their communities from the 2 relentless promotional targeting by tobacco companies. 3 Regulations to raise the minimum age for the purchase of tobacco 4 products to twenty-one years of age was first passed in the 5 county of Hawaii, followed by other counties, and finally by the 6 State to create uniformity. Likewise, laws that prohibit 7 smoking in certain locations, as well as in motor vehicles when 8 a keiki is present, were also initially adopted at the county 9 level before the State took action. 10 The legislature acknowledges that section 328J-11.5(a), 11 Hawaii Revised Statutes, provides that "[s]ales of cigarettes, 12 tobacco products, and electronic smoking devices are a statewide 13 concern" and that it is "the intent of the legislature to 14 regulate the sale of cigarettes, tobacco products, and 15 electronic smoking devices in a uniform and exclusive manner." 16 Section 328J-11.5(b), Hawaii Revised Statues, preempts 11(a)11 17 local ordinances or regulations that regulate the sale of 18 cigarettes, tobacco products, and electronic smoking devices" 19 and voids "existing local laws and regulations conflicting with" 20 chapter 328J, Hawaii Revised Statutes, which is the State law 21 that regulates smoking. The tobacco industry has historically IN