HomeMy WebLinkAboutORD 2022-081 2020-2022 �tYpfH, .
COUNTY OF HAWAII � '' ''/:# STATE OF HAWAII
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BILL NO. 167
(DRAFT 2)
ORDINANCE NO. 22 81
AN ORDINANCE AMENDING CHAPTER 14 OF THE HAWAII COUNTY CODE 1983
(2016 EDITION,AS AMENDED),BY ADDING A NEW ARTICLE RELATING TO
PROHIBITION OF NON-MINERAL SUNSCREEN.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Findings and Purpose. Healthy coral reefs protect our island coastal
infrastructure, beaches, and community. The chemical compounds contained in non-mineral
sunscreen inhibit coral growth and degrade the integrity of our reefs.
The purpose of this ordinance is to preserve the health, safety, and welfare of humans and
the environment, by allowing only mineral sunscreens to be provided, sold, offered for sale, or
distributed in the County.
SECTION 2. Chapter 14 of the Hawai`i County Code 1983 (2016 Edition, as amended),
is amended by adding a new article 5 to read as follows:
"Article 5. Prohibition of Non-mineral Sunscreen.
Section 14-30. Definitions.
As used in this article, unless the context requires otherwise:
"Sunscreen," "licensed healthcare provider," and "prescription"mean the
same as defined in section 342D-21, Hawai`i Revised Statutes.
"Non-mineral sunscreen" means any sunscreen that uses an active ingredient
other than titanium dioxide and zinc oxide.
"Titanium dioxide"means the chemical titanium (IV) oxide under the
International Union of Pure and Applied Chemistry chemical nomenclature
registry, has a chemical abstract service registry number 13463-67-7, and whose
synonyms include Ti02, titania, rutile, anatase, brookite, akaogiite, titanium
white, Pigment White 6 (PW6), Colour Index (CI) 77891, oxido de titanio (IV),
and titandioxid, and is intended to be used as protection against ultraviolet light
radiation with a spectrum wavelength from four hundred nanometers to two
hundred twenty nanometers in an epidermal sunscreen-protection personal-care
product.
"Zinc oxide"means the chemical oxozinc under the International Union of
Pure and Applied Chemistry chemical nomenclature registry, has a chemical
abstract service registry number 1314-13-2, and whose synonyms include ZnO,
zinc white, calamine, Chinese White, flowers of zinc, and zinc oxide, and is
intended to be used as protection against ultraviolet light radiation with a
spectrum wavelength from four hundred nanometers to two hundred twenty
nanometers in an epidermal sunscreen-protection personal-care product.
Section 14-31. Prohibitions.
It is unlawful to sell, offer for sale, or distribute for sale any non-mineral
sunscreen without a prescription issued by a licensed healthcare provider.
Section 14-32. Exceptions.
This article shall not apply to the sale, distribution, or offer of sale of
sunscreens banned pursuant to chapter 342D, Hawai`i Revised Statutes.
Section 14-33. Enforcement and administration.
Enforcement and administration of the provisions of this article shall be under
the jurisdiction of the department of environmental management of the County,
which department shall have the power to formulate any administrative rules
necessary to carry out the provisions of this article.
Section 14-34. Violation and penalty.
(a) Any person, corporation, public agency or other entity who violates this
article shall be fined not more than$1,000 per incident.
(b) Money fromfines collected for violation of this article shall be deposited into
the general fund and utilized by the department of parks and recreation for
mineral sunscreen dispensers, educational materials, and related purposes.
(c) In addition to the foregoing, any designee of the department of environmental
management shall seize and dispose of any product in violation of this article.
Section 14-35. No conflict with State or federal law.
Nothing in this article may be interpreted or applied so as to create any
requirement or duty in conflict with any State or federal law."
SECTION 3. Severability. If any provision of this ordinance or the application thereof
to any person or circumstance, is held invalid,the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
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SECTION 4. This ordinance shall take effect on December 1, 2022.
INTRODUCED BY:
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COUNCIL MEMBER, COUNTY OF HAWAII
COUNCIL i'M E', COUNTY OF HAWAII
Kona , Hawai`i
Date of Introduction: June 1, 2022
Date of 1st Reading: June 1, . 2022
Date of 2nd Reading: June 15, 2022
Effective Date: December 1, 2022
REFERENCE Comm. 771.216
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OFFICE OF THE COUNTY CLERK sC O U T Y :OF HAAN
County of Hawai`i
Kona, Hawai`i OU 'JUL 8 Pik Li; 07
Introduced By: Holeka Goro Inaba and ROLL CALL VOTE
'Rebecca Villegas AYES NOES ' ' ABS EX
Date Introduced: June 1, 2022 Chung X
First Reading: June 1, 2022 David X
Published: June 10, 2022 Inaba X
Kaneali`i-Kleinfelder X
REMARKS. Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
6 2 1 0
Second Reading: June 15, 2022 (Draft 2)
To Mayor: June 23, 2022 ROLL CALL VOTE
Returned: July 8, 2022 AYES NOES ABS EX
Effective: December 1, 2022
Published: July 15, 2022 Chung X
David X
REMARKS: July 8, 2022:
Inaba X
Approved without Mayor's signature Kaneali`i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards X
Villegas X
6 2 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
COUNCIL CHAIRPERSON
Approved/Disapproved this day
of , 20 . J •_A 'LERK
167 (Draft 2)
Bill No.:
MAYOR, COUNTY OF HA WAI`I C-7 71/CRNRM C-2
Reference:
Ord No.: 22 81