Hawaii-2018-HB1682-Introduced

HOUSE OF REPRESENTATIVES	H.B. NO.	1682
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

relating to Oxybenzone and octinoxate.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that sunscreens containing the active ingredients oxybenzone and octinoxate have significant negative impacts on the marine environment. Oxybenzone and octinoxate kill coral planula and gametes, increase the susceptibility of coral to undergo coral bleaching at temperatures lower than 87.8 degrees Fahrenheit, and cause potential damage to coral and other marine organisms' genomic integrity. Oxybenzone and octinoxate also degrade coral physiology and coral reef community integrity, reduce coral acclimation and resiliency to climate change factors, and degrade coral reefs by inhibiting recruitment. Exposure to oxybenzone and octinoxate also increases the risk of endocrine disruption, causing demographic feminization and other types of reproductive diseases, in marine invertebrates and vertebrates and marine mammals.

The legislature further finds that oxybenzone and octinoxate act as pseudo-persistent pollutants in Hawaii coastal waters, meaning their environmental contamination levels are constantly refreshed and renewed daily by swimmers and beachgoers who use products with these chemicals. Unless actively mitigated, individuals swimming and participating in other ocean activities will continue to pollute Hawaii waters.

The purpose of this Act is to protect the integrity of Hawaii's oceans by prohibiting the use, sale, or distribution of sunscreens or personal care products containing oxybenzone or octinoxate.

SECTION 2. Chapter 187A, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§187A- Oxybenzone and octinoxate; sunscreen and personal care product restrictions. (a) No person shall use or apply sunscreen, sunblock, or personal care products containing oxybenzone or octinoxate, unless the sunscreen, sunblock, or personal care product is a prescription drug as defined in section 328-112.

(b) For purposes of this section:

"Oxybenzone" means the chemical (2-Hydroxy-4-methoxyphenyl)-phenylmethanone under the International Union of Pure and Applied Chemistry chemical nomenclature registry, that has a chemical abstract service registry number 131-57-7, whose synonyms include benzophenone-3, Escalol 567, Eusolex 4360, KAHSCREEN BZ-3, 4-methoxy-2-hydroxybenzophenone and Milestab 9, and that is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in an epidermal sunscreen-protection personal-care product.

"Octinoxate" means the chemical ((RS)-2-Ethylhexyl (2E)-3-(4-methoxyphenyl)prop-2-enoate under the International Union of Pure and Applied Chemistry chemical nomenclature registry, that has a chemical abstract service registry number 5466-77-3, whose synonyms include ethylhexylmethoxycinnamate, octyl methoxycinnamate, Eusolex 2292, and Uvinul MC80, and that is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in an epidermal sunscreen-protection personal-care product."

SECTION 3. Chapter 328, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§328- Sale of sunscreen and personal care products containing oxybenzone or octinoxate; prohibited. (a) It shall be unlawful to sell, offer for sale, or distribute for sale sunscreen or personal care products that contain oxybenzone or octinoxate, unless the product is a prescription drug as defined in section 328-112.

(b) For purposes of this section:

"Oxybenzone" shall have the same meaning as in section 187A- .

"Octinoxate" shall have the same meaning as in section 187A- ."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2019.

INTRODUCED BY:	_____________________________
	By Request