Hawaii House Bill HB2794

Hawaii 2024 Regular Session

• Introduced: 1/24/24
• Refer: 1/26/24

Caption

Relating To Health.

Impact

If enacted, HB2794 will significantly alter the landscape of tobacco-related legislation in Hawaii, shifting the burden of compliance onto manufacturers. By requiring companies to demonstrate adherence to both state and federal regulations, the bill is designed to enhance consumer safety and improve the monitoring of electronic smoking products. Additionally, the penalties for non-compliance could act as a deterrent against sales of unregulated products, theoretically pushing the market towards more responsible practices.

Summary

House Bill 2794 proposes new regulations for electronic smoking devices and e-liquids in Hawaii by mandating manufacturers to submit annual certifications to the Department of Taxation. This certification must confirm compliance with federal regulations while including a list of products offered for sale. The bill aims to ensure that only compliant products are sold within the state, establishing a framework for better control over the burgeoning market for electronic smoking devices. It also requires the Department of Taxation to maintain a publicly available directory of certified products.

Contention

Some points of contention surrounding HB2794 focus on the implications for local businesses and the potential for the law to inadvertently restrict consumer choices. Retailers and manufacturers may find the new requirements burdensome, especially smaller businesses that may struggle with compliance reporting and additional fees associated with the certification process. Additionally, the bill establishes stringent penalties for violations, including substantial fines for retailers and manufacturers that fail to list their products correctly, which raises concerns about the practicality of enforcement and potential adverse effects on market competition.