Bill Text: HI SB3001 | 2022 | Regular Session | Amended
Bill Title: Relating To Sunscreen.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Introduced - Dead) 2022-03-01 - The committee on CPN deferred the measure. [SB3001 Detail]
Download: Hawaii-2022-SB3001-Amended.html
THE SENATE |
S.B. NO. |
3001 |
THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO SUNSCREEN.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 342D-21, Hawaii Revised Statutes, is amended to read as follows:
"[[]§342D-21[]] Sale
and distribution of sunscreen containing oxybenzone or octinoxate, or both;
prohibition[.]; active ingredients; generally recognized as safe and effective. (a) Beginning
January 1, 2021, it shall be unlawful to sell, offer for sale, or distribute
for sale in the State any sunscreen that contains oxybenzone or octinoxate, or
both, without a prescription issued by a licensed [healthcare] health
care provider.
(b) [No
county shall enact any ordinance or regulatory restriction to prohibit the
sale, use, labeling, packaging, handling, distribution, or advertisement of sunscreens
containing oxybenzone or octinoxate, or both, prior to January 1, 2021.]
Beginning January 1, 2023, it shall be unlawful to sell, offer for sale, or
distribute for sale in the State any sunscreen that contains active ingredients
that are not generally recognized as safe and effective by the United States
Food and Drug Administration, without a prescription issued by a licensed health
care provider.
(c) For purposes of this section:
"Licensed [healthcare] health
care provider" means a physician or osteopathic physician licensed
pursuant to chapter 453, or an advanced practice registered nurse licensed
pursuant to chapter 457.
"Octinoxate" refers to 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; the synonyms of which include but are not limited to ethylhexyl methoxycinnamate, octyl methoxycinnamate, Eusolex 2292, Neo Heliopan AV, NSC 26466, Parsol MOX, Parsol MCX, and Uvinul MC80; and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in a sunscreen.
"Oxybenzone" refers to 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; the synonyms of which include but are not limited to benzophenone-3, Escalol 567, Eusolex 4360, KAHSCREEN BZ-3, Uvasorb MET/C, Syntase 62, UV 9, Uvinul 9, Uvinul M-40, Uvistat 24, USAF Cy-9, Uniphenone-3U, 4-methoxy-2-hydroxybenzophenone and Milestab 9; and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in a sunscreen.
"Prescription" means an order for
medication, that is dispensed to or for an ultimate user. "Prescription" shall not include an
order for medication that is dispensed for immediate administration to the
ultimate user, such as a chart order to dispense a drug to a bed patient for
immediate administration in a hospital.
"Prescription" includes an order for a sunscreen.
"Sunscreen" means a product marketed or intended for topical use to prevent sunburn. Sunscreen does not include products marketed or intended for use as a cosmetic, as defined in section 328-1, for the face."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect on January 1, 2050.
Report Title:
Sunscreen; Active Ingredients; Generally Recognized as Safe and Effective
Description:
Prohibits, beginning 1/1/2023, 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, without a prescription issued by a licensed health care provider. Effective 1/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.