HOUSE OF REPRESENTATIVES

H.B. NO.

672

TWENTY-SEVENTH LEGISLATURE, 2013

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to health.

 

 

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

 


     SECTION 1.  The legislature finds that the tobacco industry spends more than $12,000,000,000 annually on advertising and marketing its products in the United States.  Each year, tobacco companies spend over $42,000,000 promoting their brands in stores throughout Hawaii.  The National Cancer Institute has reported that the total weight of evidence from multiple studies demonstrates a causal relationship between tobacco advertising and promotion and increased tobacco use.

     The legislature also finds that restrictions on mass media advertising of tobacco have forced tobacco companies to use retail venues as the primary medium for marketing.  Storefronts in Hawaii can act as billboards for tobacco companies, effectively capturing the attention of the State's youth.  According to the 2007 Hawaii Youth Tobacco Survey, over seventy-six per cent of high school students and over seventy-one per cent of middle school students reported seeing tobacco product advertisements at local stores and gas stations.

     The legislature further finds that the 2008 Tobacco and Alcohol Advertising Survey indicated that on average, a store displayed at least two outdoor advertisements and seventeen indoor advertisements for tobacco.  Small stores with only one cash register had an average of twenty-four advertisements for tobacco and were more likely to have tobacco advertisements and products at the eye level of children, or near youth-friendly products, such as toys, ice cream, and chips.

     The legislature additionally finds that retail stores are given incentives to place tobacco advertisements and products in strategic locations near the cash register, known as a point-of-sale, or in self-service displays.  Research indicates the presence of these products and advertisements may stimulate impulse purchases.  Furthermore, a 2009 study found that frequent visits to stores selling tobacco and a greater awareness of cigarettes sold in stores increased the likelihood of teenagers being susceptible to initiating smoking, experimenting with smoking, or becoming smokers.

     The legislature has a compelling interest in reducing the number of children and teens in Hawaii who smoke.  The legislature finds that because of the documented connection between children and youth exposure to tobacco advertisements and youth tobacco initiation, regulations on the place and manner of cigarette and tobacco products and advertisements are needed.

     The purpose of this Act is to reduce the number of minors and youth who smoke through the restriction of placement of tobacco sales and advertising.

     SECTION 2.  Chapter 328J, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

     "§328J-    Placement of cigarettes and tobacco products.  (a)  A person who owns, manages, operates, or otherwise controls any place of employment where cigarettes or tobacco products are sold or offered for sale shall not sell, permit to be sold, offer for sale, or display for sale any cigarettes or tobacco products, unless the cigarettes or tobacco products are stored for sale behind a counter in an area accessible only to the personnel of the business.

     (b)  This section shall not apply to retail tobacco stores, bars, or any establishment for which the minimum age for admission is eighteen.

     (c)  For the purposes of this section:

     "Electronic cigarette" or "e-cigarette" means any mechanical heating element, battery, or electronic circuit that can be used to deliver a vapor of nicotine or any other substances, the use or inhalation of which simulates smoking.  The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette; e-cigar; e‑pipe; any cartridge or component of the device or related product; or any other related product name or descriptor.  "Tobacco" and "tobacco products" include electronic cigarettes.

     §328J-    Display of advertisements for cigarettes and tobacco products.  (a)  A person who owns, manages, operates, or otherwise controls any place of employment where cigarettes or tobacco products are sold or offered for sale shall not display any advertising that promotes or encourages the purchase or use of cigarettes or tobacco products within twenty-five feet of children's products or toys or within twenty-five feet of where cookies, candy, ice cream, gum, or snacks are sold.

     (b)  Advertisements that promote or encourage the purchase or use of cigarettes or tobacco products shall be displayed a minimum of four feet above the floor of any place of employment where cigarettes or tobacco products are sold or offered for sale.

     (c)  This section shall not apply to retail tobacco stores, bars, or any establishment for which the minimum age for admission is eighteen.

     (d)  For the purposes of this section:

     "Electronic cigarette" or "e-cigarette" means any mechanical heating element, battery, or electronic circuit that can be used to deliver a vapor of nicotine or any other substances, the use or inhalation of which simulates smoking.  The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette; e-cigar; e‑pipe; any cartridge or component of the device or related product; or any other related product name or descriptor.

     "Tobacco" and "tobacco products" include electronic cigarettes."

     SECTION 3.  Section 709-908, Hawaii Revised Statutes, is amended to read as follows:

     "§709-908  Tobacco; minors.  (1)  It shall be unlawful to sell or furnish tobacco in any shape or form, including chewing tobacco and snuff, to a minor under eighteen years of age.

     (2)  Signs using the statement, "The sale of tobacco products to persons under eighteen is prohibited", shall be posted on or near any vending machine in letters at least one-half inch high and at or near the point of sale of any other location where tobacco products are sold in letters at least one-half inch high.

     (3)  It shall be unlawful for a minor under eighteen years of age to purchase any tobacco product, as described under subsection (1).  This provision does not apply if a person under the age of eighteen, with parental authorization, is participating in a controlled purchase as part of a law enforcement activity or a study authorized by the department of health under the supervision of law enforcement to determine the level of incidence of tobacco sales to minors.

     (4)  Any person who violates subsection (1) or (2), or both, shall be fined $500 for the first offense.  Any subsequent offenses shall subject the person to a fine not less than $500 nor more than $2,000.  Any minor under eighteen years of age who violates subsection (3) shall be fined $10 for the first offense.  Any subsequent offense shall subject the violator to a fine of $50, no part of which shall be suspended, or the person shall be required to perform not less than forty-eight hours nor more than seventy-two hours of community service during hours when the person is not employed and is not attending school.

     (5)  For the purposes of this section:

     "Electronic cigarette" or "e-cigarette" means any mechanical heating element, battery, or electronic circuit that can be used to deliver a vapor of nicotine or any other substances, the use or inhalation of which simulates smoking.  The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette; e-cigar; e‑pipe; any cartridge or component of the device or related product; or any other related product name or descriptor.

     "Tobacco" and "tobacco products" include electronic cigarettes."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Tobacco Displays and Sales; Advertising; Minors; Electronic Cigarettes

 

Description:

Requires cigarettes and tobacco products to be stored for sale behind a counter.  Requires advertisements that promote or encourage the purchase or use of cigarettes or tobacco products to be placed twenty-five feet away from children's products, toys, cookies, candy, ice cream, gum, or snacks.  Requires advertisements that promote or encourage the purchase or use of cigarettes or tobacco products to be placed four feet off the floor.  Permits exceptions for retail tobacco stores, bars, or establishments where the minimum age for admission is eighteen.  Includes electronic cigarettes under the definition of tobacco products.

 

 

 

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