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Susan L.K. Lee Loy Office: (808) 961-8396
Council Member Fax: (808) 961-8912
District 3 Email: sue. leeloy(�i)hawaiicoumy.gov
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HAWAPI COUNTY COUNCIL
25 Aupuni Street, Hilo, Hawaii 96720
DATE: December 5, 2023
TO: Heather Kimball, Council Chair
and Members of the Hawaii County Council
FROM: Susan L.K. Lee Loy, Council Me
SUBJECT: Proposed Amendment to Bill No. 102; an Ordinance Amending Chapter 14 of
the Hawaii County Code 1983 (2016 Edition, as amended), by Adding a New
Article Relating to the Prohibition of Flavored Tobacco Products.
Please see below proposed amendment to Bill No. 102. The proposed amendment is illustrated
below in Ramseyer format with respect to the contents of Bill No. 102; material to be added is
underscored.
SECTION 1. of Bill No. 102 is amended by amending the section titled "Prohibition" to read as
follows:
"Section 14- Prohibition.
(a) It shall be unlawful for any retailer to:
(1) Sell or offer for sale a flavored tobacco product;
(2) Display, market, or advertise for sale a flavored tobacco product; or
(3) Mislabel as nicotine -free, or sell or market for sale as nicotine -free, an
e-liquid product that contains nicotine.
(b) Presumption of flavor. Any communication by or on behalf of the
manufacturer or retailer of a tobacco product that such product imparts a
taste or odor other than the taste or odor of tobacco, or that imparts a
cooling or numbing sensation, constitutes presumptive evidence that the
tobacco product is a flavored tobacco product. There is a rebuttable
presumption that a tobacco product is a flavored tobacco product if a
tobacco retailer, manufacturer, or any employee or agent of a tobacco
retailer or manufacturer: Caram, 64 S *3 1
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(1) Has made or makes a public statement or claim that the tobacco
product is a flavored tobacco product;
(2) Has used or uses text or images, or both, on the tobacco product's
labeling or packaging to explicitly or implicitly indicate that the
tobacco product has a flavor other than tobacco, to make a public
statement, or claim that the tobacco product is a flavored tobacco
product;
(3) Has taken or takes action directed at consumers that would be
reasonably expected to cause consumers to believe the tobacco product
is a flavored tobacco product; or
(4) Has made or makes a public statement or claim that a product has a
minty, numbing, or cooling effect, such as describing the product as
"chill," "ice," "fresh," "arctic," or "frost".
(c) Any flavored tobacco product found in a retailer's possession that violates
this section may be considered contraband and subject to immediate
destruction or disposal by the retailer in accordance with the Hawaii
Administrative Rules, Chapter 11 -266. 1. The cost of proper disposal of
electronic smoking devices and e-liquids as hazardous waste pursuant to
the Hawaii Administrative Rules shall be borne by the retailer."
Due to the limited scope of this proposed amendment, a copy of the revised draft of this bill that
would result if this amendment were adopted, is not attached.
SLL:so