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Re:County of Hawai'i proposed Bill 167(County Council Meeting on June 15th,2022) u
13 June 2022 r
Aloha Chair Maile David, Vice Chair Chung and Hawai'i County Councilmembers,
Thank you for the opportunity to testify again in support of the proposed Hawai'i County Bill 167,which
"prohibits the sale or distribution of non-mineral sunscreen, unless prescribed by a licensed healthcare provider,
by December 1, 2022". We are in full support of this initiative that would effectively reduce the amount
of chemical stressors on our coral reefs!
Research has already shown that certain chemicals in sunscreen, including oxybenzone, have been detrimental
to the health of coral larvae. In this time when our oceans are already negatively impacted from the threats of
rising temperatures(causing bleaching), overfishing, eutrophication (excessive nutrient inputs), marine debris,
and the spread of invasive species, it is critical for us to takes steps towards protecting coral reef ecosystems.
Coral reef ecosystems are intimately connected to the health and welfare of our island communities. Our reefs
not only support life in Hawai'i but equate to$360 million directly to the state's economy each year(directly
and indirectly).
In light of the devastating declines in coral cover across West Hawaii in 2015, now more than ever,we need to
commit to conservation efforts such as this one and pass Bill 167 into law. Put simply,there are better(more
eco-friendly)ways to protect residents and visitors from UV rays that do not put the health of our reefs at risk.
"Hanau lea 'U u-ko'ako'a, hanau kana, he'A o"ako'a, puka"
Born was the cor(,rl polyr), born was the r:orGl, crrme. orth.
<urnt.dlipo, a I-lawaiiarr ( reaticm (',: iarfl
Hawai'i Wildlife Fund (HWF) is a small nonprofit organization that has been working to conserve native species
in Hawai'i since 1996. During that time, we have been actively involved in research, education, restoration and
advocacy projects related to the protection of coastal and nearshore ecosystems around the Pae 'Aina.
Mahalo for voting to pass this bill to protect Hawai'i's native wildlife. And just in case you needed more
convincing,we are also attaching below the comment submitted by the Department of Land and Natural
Resources on a related sunscreen measure(HB1519)this past session with highlights of interest for Bill 167
flagged in yellow. We do not stand alone in the opinion that it is best to be cautious and aim to protect our
aquatic and cultural resources by prohibiting chemical-based sunscreens known to have environmental impacts.
Ref. To: p �Y1C1
Ref. Date®�
In addition to DLNR,the list of NGOs that were in support or provided helpful comments related to House Bill
1519 this past session was impressive and included:
• Malama Pupukea-Waimea
• Surfrider Foundation—Hawai'i Region
• The Kohala Center
• Friends of Hanauma Bay
• The Hawai'i Reef and Ocean Coalition
• Environmental Caucus of the Democratic Party of Hawai'i
• Climate Protectors Hawai'i
Whereas the limited list of coalitions and associations that came out against the HB1519 measure(similarly to
previous Bill 167 hearings)were by far members of lobbyist or industry groups who have direct financial
incentives to keep all these toxic chemicals on the market.
Even the personal care product industry knows there is a difference between chemical-based and non-
chemical-based sunscreens and the impacts to young animals(including humans),otherwise there would not be
a "baby line"for sunscreen products that is entirely composed of active ingredients deemed SAFE for baby
humans (spoiler alert: zinc oxide and titanium dioxide!). Last year,the FDA published an article called "Should
you Put Sunscreens on Infants? Not Usually', and the Environmental Working Group sums the evidence
brilliantly in their article"The Trouble with Ingredients in Sunscreens."
So if you shouldn't put chemical sunscreens on your infant,will you not have this same consideration for our
keiki corals? Mahalo for your time and consideration of our keiki coral (the first mentioned fauna of the
Kumulipo chant), hatchling sea turtles, and the next generation of keiki/'opio and kama'aina when you
deliberate on Bill 167 in the coming days.
Me ke aloha pumehana,
Megan R. Lamson, M.S. Hannah J. Bernard
President& Howai'i Program Director Co-founder& Executive Director
megan@wildhawaii.org hannah@wildhawaii.org
(808) 769-7629 (debris hotline) (808) 280-8124
Embedded links:
• https://b logs.ksbe.edu/adakina/files/2008/02/kumuIipo-text.pdf
• https://www.fda.gov/consumers/consumer-updates/should-you-put-sunscreen-
infants-not-usually
• https://www.ewg.org/sunscreen/report/the-trouble-with-sunscreen-chemicals/
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SUZAN^NC 1)CASE
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Testimony of
SUZANNE D.CASE
Chairperson
Before the House Committee on
ENERGY&ENVIRONMENTAL PROTECTION
Tuesday,February 8,2022
8:50 AM
State Capitol,Conference Room 325,Via Videoconference
In consideration of
HOUSE BILL 1.519
RELATING TO SUNSCREEN
House Bill 1519 proposes,beginning January 1,2023,to prohibit the sale,offer for sale,or
distribution in the State of any sunscreen that contains active ingredients that are not generally
recognized as safe and effective by the Food and Drug Administration(FDA),without a
prescription issued by a licensed health care provider. The Department of Land and Natural
Resources(Department)appreciates the intent of this measure and offers the following
comments.
Currently,the FDA has listed 16 active ingredients as"generally recognized as safe and
effective"(GRASE)for use in sunscreen products,including the two that are currently banned in
Hawaii(oxybenzone and octinoxate)as well as several for which bans have been proposed
previously(octocrylene,avobenzone,homosalate,and octisalate).
A proposed rule currently being reviewed by the FDA would change the status of 14 of these
ingredients to"not GRASE". The status changes for two of these, aminobenzoic acid and
trolamine salicylate,are due to data showing concerns regarding human health and safety.The
status changes for the remaining 12 are due to inadequate data to support a complete safety
finding.Further,in the FDA's outreach on this subject,they suggest that a ruling on the safety of
a subset of these ingredients could be deferred to allow time for additional safety infonnation to
be gathered.
As these changes have not yet been finalized,this bill would not have a meaningful effect until
such time that the FDA creates a definitive ruling per their proposed rule. Until then,it is not
clear which particular ingredients would end up being prohibited in Hawai`i as a result of this
bill.
_._., _ ,__., ,,.... ,..._......... www.wilclAawa iior '
Beyond this,the FDA bases their rules and status determinations on the effects of these
ingredients on humans with.no consideration regarding potential environmental effects.The
original purpose of the Act that banned the sale of sunscreen with oxybenzone or octinoxate 1
was to preserve marine ecosystems. If the intent of this measure is to limit the usage of
chemicals that may have deleterious effects on coral reef ecosystems and other natural resources,
the Department would recommend that the bill name specific ingredients which have
documented negative environmental effects.
The following ingredients found in sunscreens would fit this criterion:octocrylene,
avobenzone,homosalate,and octisalate.
The Department recognizes the concerns about the presence of avobenzone and octocrylene in
the nearshore marine environment. There is growing body of science that suggests these
chemicals may have negative effects on corals and other marine life. Octocrylene is now the
dominant UV-sunscreen contaminant in coastal waters.2 Recent scientific studies suggest that
octocrylene may have negative impacts in aquatic environments equivalent to oxybenzone
(already banned from sunscreens in Hawai`i). Octocrylene functions as an endocrine disruptor,a
metabolism disruptor,and a reproductive disruptor. It has also been shown to reduce the ability
of coral symbionts to photosynthesize,and evidence suggests that it can have toxic impacts to a
variety of aquatic organisms including corals,fish,mammals,and plants.3
Avobenzone has been shown to cause toxicity to the light-reactions of photosynthesis which can
cause corals to bleach. Avobenzone is also an endocrine disruptor,and can disrupt fat
metabolism.3 This could reduce coral resilience during warming events as bleached corals
depend extensively on fat metabolism in order to survive.'
Octisalate has displayed multiple hornonal disrupting activities with in vitro lab studies.In
addition,disruption of mitochondrial membrane function,and possible apoptosis(programed cell
death)was found.No coral toxicity studies were found for homosalate,but this chemical has
been readily found in reef waters. Lab based studies have shown hormone-receptor disrupting
activities in in-vitro assays. Lethal and sublethal effects were found when the marine algae
(Tetr•aselnus sp.)was exposed to homosalate,indicating potential impacts to phytoplankton
communities 5.This highlights concerns that it could affect corals and suggests the need for
testing for these potential the effects. Both homosalate and octisalate are teratogens,which are
known to cause embryonic development defects in mammals,fish,and larvae.
As a result of these recent scientific findings,we feel that prohibiting the sale of products
containing octocrylene,avobenzone,homosalate,or octisalate would likely benefit the health and
resiliency of Hawai`i's coral reef ecosystems. At the very least,the Department would
recommend support for increased monitoring of various sunscreen chemicals at high-use
1 Act 104(SLH 2018)established section 342D-21,which prohibits the sale or distribution of sunscreen that contains
oxybenzone or octinoxate.
z Downs,Craig A.,personal communication(2021)
'Fel et al.(2019),Lozano et al.(2020),Giraldo et al.(2017),Boyd et al.(2021),Yan et al.(2020),Zhang et al
(2016),Campos et al.(2017),Gago-Ferrero et al.(2013),Cocci et al.(2020),Bluthgen et al.(2014)
a Fel et al.(2020),Boyd et al.(2021),Klopcic and Delenc(2017),Lozano et al.(2020),Ahn et al(2019),Yang et al.
(2018)
Thorel et al.(2020)
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swimming areas and further research examining the effects of these chemicals on the nearshore
marine environment in Hawaii.
The Department supports the use of sunscreens that do not contain chemicals that are harmful to
marine life,particularly non-nano particle,mineral-based sunscreens,as well as sun-protective
clothing,as alternatives to organic chemical sunscreens. The Department continues to conduct
outreach efforts to help the public understand the issues regarding use of chemical sunscreens in
the ocean so they can be better informed and make better choices regarding sun protection. These
efforts include information on the Department's Division of Aquatic Resources website,focused
one-on-one outreach,news releases,videos, interaction with partner organizations,and meetings
with boat tour operators and vendors who sell sunscreen. The Department continues to explore
other ways to inform the public on this issue.
It should be noted that,although it is important to address all potential coral reef ecosystem
stressors,the primary concerns with Hawaii's coral reefs continue to be related to land-based
sources of pollution,unsustainable fishing practices,invasive species, and climate change.
Continued legislative support to reduce these main stressors will have the largest impact on coral.
reef resilience and recovery.
Thank you for the opportunity to comment on this measure.
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Citations
Alm,Sungjin,et al(2019),A long-wave UVA filter avobenzone induces obesogenic phenotypes in
normal human epidermal keratinocytes and mesenchymal stem cells,Archives of Toxicology
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Bluthgen,Nancy,et al.(2014),Accumulation and effects of die UV-filter octocrylene in adult and
embryonic zebrafish(Danio retro),Science of the Total Environment 476-477,207-217,
6./iwitoMw.2014,01.015
__ ---- - .......... -
Boyd,Aaron,et al.(2021),A burning issue:The effect of organic ultraviolet filter exposure on the
behaviour and physiology of Daphnia magna,Science of the Total Environment 750, 141707,
...............
7(17
Campos,Diana,et al(2017),Toxicity of organic UV-filters to the aquatic midge Chironomus riparius,
Ecotoxicology and Environmental Safety 143,210-216
Cocci,Paolo,et al.(2020),Sunscreen active ingredients in loggerhead turtles(Caretta coretta)and their
relation to molecular markers of inflammation,oxidative stress and hormonal activity in wild
populations,Marine Pollution Bulletin 153,111012
Downs,Craig A.(2020),personal communications,Haereticus Environmental Laboratory,liacreticus-
lab.org,
Downs,C.A.,et al(2022),Oxybenzone contamination from sunscreen pollution and its ecological threat
to Hanauma Bay,Oahu,Hawaii,
U—.S—.A.,C_
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some sunscreen ingredients,Coral Reefs,38:109-122, htULs://do
�/ iof �10.1007/00338-018-
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Gago-Ferrero,Pablo,et al.(2013),First Determination of LN Filters in Marine Mammals.Octocrylene
Levels in Franciscana Dolphins,dx.doi.org/10.1021/es400675y I Environ.Sci.Technol.,47,
5619-5625
Giraldo,et al(2017),Ecotoxicological Evaluation of the UV Filters Etliylhexyl Dimethyl p-
Aminobenzoic Acid and Octocrylene Using Marine Organisms Isochrysis galbana,Mytilus
galloprovincialis and Paracentrotus lividus,Arch Environ Contain Toxicol DOI 10.1007/s00244-
017-0399-4
Klopcic,Ivana,and Marija Sollner Dolene(2017),Endocrine Activity of AVB,2MR,BHA,and Their
Mixtures,TOXICOLOGICAL SCIENCES, 156(l),240 251
Lozano,et al.(2020),Bioaccumilation and Toxicological Effects of UV-filters;on Marine Species,
Sunscreens in Coastal Ecosystems:Occurrence,Behavior,Effect and Risk,Julian Blasco,
Antonio Tovar,and David SAnchez(eds.),Hdb Env Chem,D01 10.1007/698 2019 442
Thorel,Evane&Clergeaud,Fanny&Jaugeon,Lucie&Rodrigues,Alice&Lucas,Julie&Stien,Didier
&Lebaron,Philippe.(2020).Effect of 10 LTV Filters on the Brine Shrimp Artemia salina and the
Marine Microalga Tetraselmis sp.Toxics.8.29. 10.3390/toxics8020029
Yan,Sailiong,et al.(2020).Reproductive toxicity and estrogen activity in Japanese medaka(Oryzias
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Zhang,Qiuya Y.,et al(2016),Assessment of multiple hormone activities of a UV-filter(octocrylene)in
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57,LittjLs,,LL1oi�orr]O�JQIOJx
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