The URL can be used to link to this page

Home My WebLink AboutCOM 0771.236 2020-2022 ID/Cau(ci .Pill 167 ("AIIMTV rt COMM.771 COUNTY OE HAWAH From: ted bohlen Sent: Monday, May 23, 2022 8:42 PM 1811 MAY 24 9: To: Council Testimony 28 Subject: Bill 167 non-mineral sunscreens Aloha Chair David, Vice Chair Chung, and members of the Council: I am a former Deputy Attorney General, writing on behalf of the Hawaii Reef and Ocean Coalition (HIROC) in STRONG SUPPORT of Bill 167 banning non-mineral sunscreens! HIROC is a group of coral scientists, educators, filmmakers, local environmental organizations, elected officials, and others formed to address the crisis facing Hawaii's coral reefs and other marine life. Healthy coral reefs are critical in protecting our shorelines and beaches from sea level rise, more intense storms, and other effects of climate change. Reefs also are essential for Hawaii Island's fisheries, since many species rely on reefs for shelter and juvenile development. Hawaii's coral reefs are gravely threatened by ocean warming and acidification from global fossil fuel use and from "local insults" such as sediments, nutrients from cesspools and other wastewater systems, over-fishing, and sunscreen chemicals. The chemical compounds contained in non-mineral sunscreens typically wash off in the water, inhibit coral growth and reproduction, and harm reef health, contributing to coral bleaching and death. They also can harm other ocean wildlife. Chemical sunscreens not only harm the reefs and ocean wildlife, but relying on them also can harm people by creating a false sense of security where users spend more time in the sun with diminishing protection from sunburn, potentially resulting in more skin damage and skin cancers. This is called "sunscreen abuse." Chemical sunscreens also can harm human health because they are absorbed into the skin, spread through the body, and can disrupt hormones, even causing some cancers. Mineral sunscreens (with zinc oxide or titanium dioxide) are better (less toxic) for the corals and other marine species because they do not wash off as easily and are better for human health because they are not absorbed into the body through the skin. This ordinance would help preserve the health of our precious coral reefs, with resulting protection of our shorelines and beaches, by allowing only mineral sunscreens to be provided, sold, offered for sale, or distributed in the County. Mahalo for passing Bill 167 through the Climate Resilience and Natural Resources Management Committee (CRNRMC) on May 17! Several questions were raised at that hearing about Bill 167. Here are brief answers to some concerns that have been raised: —There already is a State law that prohibits the sale of sunscreens containing two active ingredient chemicals, oxybenzone, and octinoxate. What would other active ingredient chemicals be prohibited from sale under Bill 167? Sales of non-mineral sunscreens containing twelve other chemical active ingredients would also be prohibited. None of these twelve chemicals are "Generally Recognized As Safe and Effective" (GRASE) by the US Food and Drug Administration (FDA). However, the FDA does consider mineral - sunscreens with zinc oxide or titanium dioxide as active ingredients to be GRAkFenun;.:yo;f111.c06 Ref.To: PlWtArcj 1 Ref. nate JUN - 1 2022 —How are non-mineral sunscreens more damaging to marine life and human health than mineral sunscreens? Most non-mineral sunscreens wash off in the water. Numerous scientific studies show that the chemicals in non-mineral sunscreens in the ocean can severely harm and even kill corals, sea turtles, monk seals, and other marine life. Hawaii Island depends on coral reefs to protect its shorelines and beaches. By prohibiting the sale of non-mineral sunscreens, Bill 167 will help protect our precious and vulnerable coral reefs. Non-mineral sunscreens also can harm human health. Because non-mineral sunscreens require reapplication everycouple of hours and after swimming to continue protection (which most people do not do), they may wrongly encourage more time in the sun. They may lead to more skin damage and even skin cancers! These non-mineral sunscreens have not prevented skin cancers from rising over the past seventy years. This is because they were designed to absorb the ultraviolet light that causes sunburn (UVB), not to reflect the sun's rays as mineral sunscreens do (excluding the tiny "nano" particle ones). Mineral sunscreens protect better than most non-mineral ones, mainly because mineral sunscreens reflect ultraviolet light (UVA) that penetrates deeper and damages the skin more. In addition, non-mineral sunscreens are absorbed into the body and persist in the blood at levels far beyond safety thresholds. Studies indicate numerous harms from the absorbed chemicals, including hormone disruption, which may lead to reproductive problems and cancers. For example, one commonly used non-mineral chemical, octocrylene, degrades into a chemical (benzophenone) that is known to cause cancer. Another known carcinogen, benzene, has been detected in many non-mineral sunscreens. —Would prohibiting sales of non-mineral sunscreens leave people unprotected from skin cancers? No. There are ample mineral sunscreens on the market to protect people from skin cancer. As explained above, mineral sunscreens provide more protection against cancers than non-mineral ones. It is even better to wear protective clothing and stay out of the midday sun. —Is there a legal preemption problem with this bill? No. The temporary preemption of county ordinances in the State oxybenzone law has expired. There is currently no State preemption of county sunscreen ordinances. Indeed, the County of Maui recently passed an ordinance similar to Bill 167. —Reference was made to an anticipated report on sunscreens by a National Academy of Sciences (NAS) panel. Will the NAS panel report clarify the scientific evidence on sunscreens? No. Unfortunately and disturbingly, the NAS panel is heavily biased, with 9 of 12 members closely tied to the chemical sunscreen industry. No report by such a biased group could counter the hundreds of worldwide studies indicating risks associated with non-mineral sunscreens. The FDA, not the NAS, is the primary regulator for sunscreens. The FDA has found these twelve non-mineral sunscreens to be not GRASE at this time. —How should Bill 167 be enforced? Enforcement should be a County's responsibility. But, if the County is not willing and able to enforce, perhaps an alternative would be for the community to help spot sales violations. A Tip Line to report sales violations could be operated by a non-profit under contract with the County, 2 similar to NOAA's Tip Line for Sea Turtles and what NOAA and DOCARE do to investigate harm to Monk Seals and Green Sea Turtles. Below are numerous scientific papers written on the risks of non-mineral sunscreens. If in doubt, we should apply the precautionary principle to benefit our Keiki and our environment. The sunscreen companies must prove that their products are safe and effective before allowing them on the market. https://drive.google.com/drive/folders/1 D-naruXQ7zsiohMORcOCQbHOVgcX3rO7?usp=sharing https://drive.qoocile.com/drive/folders/lEdAl SUU9iq0M9e7MZQvd22DSWJZ2BYLx?usp=sharing https://drive.goocile.com/drive/folders/lEdAl SU U9igOM9e7MZQvd22DSWJZ2BYLx?usp=sharing https://drive.google.com/drive/folders/1 XgvtPBbOexpEe8SXPYr7XFf76A31 UHTr?usp=sharing Article on sunscreen protection. https://www.contemporarypediatrics.com/view/sunscreen- protection-for-children Mahalo for considering HIROC's testimony in strong support and for passing Bill 167! Please let me know if you have any questions. Ted Bohlen (for Hawaii Reef and Ocean Coalition) 3