Hawaii 2025 Regular Session

Hawaii House Bill HB1248 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1248 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to a vaping store registry. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1248
4	4	THIRTY-THIRD LEGISLATURE, 2025
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9	9	H.B. NO.
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to a vaping store registry.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that the use of electronic smoking devices has increased significantly, particularly among Hawaii's youth, posing a public health concern. Establishing a statewide vaping store registry will enhance oversight of the sale and distribution of electronic smoking devices and related products, ensure compliance with applicable laws, and support public health efforts. The purpose of this Act is to establish a vaping store registry in the State, requiring all retailers and distributors of electronic smoking devices and related products to register annually with the department of health. SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows: "Part . Vaping store registry §321-A Definitions. As used in this part, unless the context otherwise requires: "Department" means the department of health. "Electronic smoking device" means any device that may be used to deliver any aerosolized or vaporized substance to a person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic pipe, vape pen, or electronic hookah. "Electronic smoking device" does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, and subject to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.). "E-liquid" means any liquid or like substance, which may or may not contain nicotine, that is designed or intended to be used in an electronic smoking device, whether or not packaged in a cartridge or other container. "E-liquid" does not include: (1) Prescription drugs; (2) Cannabis for medical use pursuant to chapter 329 or manufactured cannabis products pursuant to chapter 329D; or (3) Medical devices used to aerosolize, inhale, or ingest prescription drugs, including manufactured cannabis products described in section 329D-10. "Vaping store" means a retail or wholesale establishment that sells electronic smoking devices, e-liquids, or related accessories as a significant portion of its business. §321-B Vaping store registry. (a) The department shall maintain a vaping store registry to track all businesses selling electronic smoking devices, e-liquids, and related products within the State. (b) Beginning January 1, 2026, each vaping store in the State shall register annually with the department. Each person seeking to register under this subsection shall submit to the department an application that shall contain the following: (1) Business name and address; (2) Owner's name and contact information; (3) State tax identification number; (4) Certification of compliance with federal and state laws governing the sale of electronic smoking devices; and (5) Any additional information as required by the department. (c) The department shall charge an annual registration fee of $250, to be deposited into the Hawaii tobacco prevention and control trust fund. §321-C Inspections and enforcement. (a) The department or its authorized agents shall conduct annual inspections of registered vaping stores to ensure compliance with applicable federal and state laws. (b) Any business found to be noncompliant with the inspections may be subject to: (1) Fines of an amount of no more than $5,000 for each violation; (2) Suspension or revocation of its registration; and (3) Referral to an appropriate law enforcement agency, if the business is found to be in violation of laws under that agency's jurisdiction. §321-D Prohibited activities. (a) It shall be unlawful for any vaping store to: (1) Operate without a valid registration issued by the department under this part; (2) Sell or distribute electronic smoking devices, e-liquids, or related products to individuals under the age of twenty-one; or (3) Sell counterfeit or unregulated products. (b) Violations of this section shall result in fines, suspensions, or permanent revocation as determined by the department. §321-E Rules. The department shall adopt rules pursuant to chapter 91 to implement and enforce the provisions of this part, including rules for registration, inspections, penalties, and appeals." SECTION 3. Section 328L-5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows: "(e) The assets of the Hawaii tobacco prevention and control trust fund shall consist of: (1) Fees assessed under section 321-B; [(1)] (2) Moneys appropriated under section 328L-2(b)(2); [(2)] (3) Moneys appropriated to the Hawaii tobacco prevention and control trust fund by the state, county, or federal government; [(3)] (4) Private contributions of cash or property; and [(4)] (5) Income and capital gains earned by the trust fund." SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act. SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 8. This Act shall take effect on July 1, 2025. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that the use of electronic smoking devices has increased significantly, particularly among Hawaii's youth, posing a public health concern. Establishing a statewide vaping store registry will enhance oversight of the sale and distribution of electronic smoking devices and related products, ensure compliance with applicable laws, and support public health efforts.
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51	51	The purpose of this Act is to establish a vaping store registry in the State, requiring all retailers and distributors of electronic smoking devices and related products to register annually with the department of health.
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53	53	SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
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55	55	"Part . Vaping store registry
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57	57	§321-A Definitions. As used in this part, unless the context otherwise requires:
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59	59	"Department" means the department of health.
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61	61	"Electronic smoking device" means any device that may be used to deliver any aerosolized or vaporized substance to a person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic pipe, vape pen, or electronic hookah. "Electronic smoking device" does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, and subject to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.).
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63	63	"E-liquid" means any liquid or like substance, which may or may not contain nicotine, that is designed or intended to be used in an electronic smoking device, whether or not packaged in a cartridge or other container. "E-liquid" does not include:
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65	65	(1) Prescription drugs;
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67	67	(2) Cannabis for medical use pursuant to chapter 329 or manufactured cannabis products pursuant to chapter 329D; or
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69	69	(3) Medical devices used to aerosolize, inhale, or ingest prescription drugs, including manufactured cannabis products described in section 329D-10.
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71	71	"Vaping store" means a retail or wholesale establishment that sells electronic smoking devices, e-liquids, or related accessories as a significant portion of its business.
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73	73	§321-B Vaping store registry. (a) The department shall maintain a vaping store registry to track all businesses selling electronic smoking devices, e-liquids, and related products within the State.
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75	75	(b) Beginning January 1, 2026, each vaping store in the State shall register annually with the department. Each person seeking to register under this subsection shall submit to the department an application that shall contain the following:
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77	77	(1) Business name and address;
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79	79	(2) Owner's name and contact information;
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81	81	(3) State tax identification number;
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83	83	(4) Certification of compliance with federal and state laws governing the sale of electronic smoking devices; and
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85	85	(5) Any additional information as required by the department.
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87	87	(c) The department shall charge an annual registration fee of $250, to be deposited into the Hawaii tobacco prevention and control trust fund.
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89	89	§321-C Inspections and enforcement. (a) The department or its authorized agents shall conduct annual inspections of registered vaping stores to ensure compliance with applicable federal and state laws.
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91	91	(b) Any business found to be noncompliant with the inspections may be subject to:
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93	93	(1) Fines of an amount of no more than $5,000 for each violation;
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95	95	(2) Suspension or revocation of its registration; and
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97	97	(3) Referral to an appropriate law enforcement agency, if the business is found to be in violation of laws under that agency's jurisdiction.
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99	99	§321-D Prohibited activities. (a) It shall be unlawful for any vaping store to:
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101	101	(1) Operate without a valid registration issued by the department under this part;
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103	103	(2) Sell or distribute electronic smoking devices, e-liquids, or related products to individuals under the age of twenty-one; or
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105	105	(3) Sell counterfeit or unregulated products.
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107	107	(b) Violations of this section shall result in fines, suspensions, or permanent revocation as determined by the department.
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109	109	§321-E Rules. The department shall adopt rules pursuant to chapter 91 to implement and enforce the provisions of this part, including rules for registration, inspections, penalties, and appeals."
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111	111	SECTION 3. Section 328L-5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
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113	113	"(e) The assets of the Hawaii tobacco prevention and control trust fund shall consist of:
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115	115	(1) Fees assessed under section 321-B;
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117	117	[(1)] (2) Moneys appropriated under section 328L-2(b)(2);
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119	119	[(2)] (3) Moneys appropriated to the Hawaii tobacco prevention and control trust fund by the state, county, or federal government;
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121	121	[(3)] (4) Private contributions of cash or property; and
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123	123	[(4)] (5) Income and capital gains earned by the trust fund."
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125	125	SECTION 4. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
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127	127	SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
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129	129	SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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131	131	SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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133	133	SECTION 8. This Act shall take effect on July 1, 2025.
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137	137	INTRODUCED BY: _____________________________
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139	139	INTRODUCED BY:
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147	147	Report Title: Vaping Store Registry; DOH; Electronic Smoking Devices; Penalties Description: Requires, beginning 1/1/2026, vaping stores to register with the Department of Health and be subject to inspections for compliance with federal and state laws. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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153	153	Report Title:
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155	155	Vaping Store Registry; DOH; Electronic Smoking Devices; Penalties
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159	159	Description:
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161	161	Requires, beginning 1/1/2026, vaping stores to register with the Department of Health and be subject to inspections for compliance with federal and state laws.
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169	169	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.