Laserfiche WebLink
REPORT OF THE POLICY <br />COMMITTEE ON HEALTH, <br />SAFETY, AND WELL-BEING <br />DATE: December 5, 2023 <br />PLACE: Council Chambers <br />Hilo, Hawai'i <br />TIME: 4:27 p.m. <br />Council Chair and Members <br />Hawaii County Council <br />Hilo, Hawaii 96720 <br />Re: Comm. No. 593/Bill No. 102 <br />Your Policy Committee on Health, Safety, and Well-being, to which was referred Bill No. 102, reports <br />as follows: <br />Bill No. 102, transmitted by Susan L. K. Lee Loy, Council Member for District 3, via Comm. No. 593, <br />from Susan Lee Loy, Council Member for District 3, amends Chapter 14 of the Hawai'i County Code <br />1983 (2016 edition, as amended), by adding a new article relating to the prohibition of flavored tobacco <br />products. <br />This measure prohibits retailers from selling, offering to sell, marketing, displaying, or advertising for <br />sale any product made of or derived from tobacco or nicotine that imparts a taste or smell other than the <br />taste or smell of tobacco. It includes a prospective effective date of 42 days after the day that State law <br />governing the sale of tobacco products is either repealed or suspended. <br />Ms. Lee Loy began by thanking those involved and mentioning that all present had heard extensive <br />compelling testimony and strong data to support this bill. Highlights of this proposed bill is that it <br />mirrors what the City and County of Honolulu has just passed. She clarified that this is a preemptive <br />law and, nothing will happen to any businesses if this is approved, but it allows us to be ready when the <br />State takes action for this bill to go into effect within 45 days. <br />Committee Member Holeka Inaba stated that he is in support, but had a question regarding the <br />definition of the language "distinguishable by an ordinary consumer," what does this mean and is it <br />necessary? <br />Ms. Lee Loy said that yes, it is necessary. She clarified that as all had heard how tobacco is being <br />flavored in appealing ways, like ube or POG (Passion, Orange, Guava) and this means that ordinary <br />consumers can distinguish it as such. <br />Mr. Inaba said that he was questioning the definition of ordinary consumers, who is ordinary and who <br />is not. He also mentioned that he would suggest, similar to the non -mineral sunscreen ban, in the <br />prohibition subsection, if a retailer is found to be in possession of a prohibited item as listed in the bill, <br />and HPD is tasked to enforce, shouldn't HPD confiscate those items rather than expecting the retailer to <br />destroy the items? <br />PCHSW Report No. 7 <br />