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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
67 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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STATE OF HAWAII |
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RESOLUTION
REQUESTING ALL MANUFACTURERS OF CIGARETTES AND TOBACCO PRODUCTS TO PROVIDE ANNUAL REPORTS TO THE DEPARTMENT OF HEALTH ON THE CONSTITUENCY AND NICOTINE RATINGS OF THE PRODUCTS AND REQUESTING THE DEPARTMENT OF HEALTH TO INVESTIGATE PUBLIC HEALTH RISKs ASSOCIATED WITH EXPOSURE to THE ADDED CONSTITUENTS AND NICOTINE.
WHEREAS, one-third of all children who smoke regularly will eventually die of tobacco-related causes, with 430,000 deaths nationally and 1,400 deaths in Hawaii annually from tobacco- related causes; and
WHEREAS, tobacco-related diseases are the leading preventable cause of mortality and morbidity in this country for the past 50 years; and
WHEREAS, despite a massive and incredibly expensive anti-tobacco effort through education, negative advertising, and environmental restrictions, there has been no reduction in smoking for any societal group except for Caucasian males; and
WHEREAS, the increase in smoking is especially high for females, teenagers, native Hawaiians, and all ethnic minorities, regardless of the efforts put forth to increase knowledge and awareness of tobacco's harmful effects; and
WHEREAS, it has been publicly acknowledged that tobacco products that contain nicotine at any level are addictive; and
WHEREAS, the nicotine levels of many tobacco products, including cigarettes, are as addictive as cocaine and heroin, and prevent smokers from quitting despite their repeated efforts; and
WHEREAS, many tobacco products contain an average of 33 different carcinogens and many other harmful constituents known to cause or exacerbate a plethora of acute and chronic diseases, including cancer, resulting in serious illnesses and fatalities; and
WHEREAS, we are only now beginning to realize the severe toxic effects of the hundreds of components and additives of cigarettes, with many of these components neither disclosed by the manufacturers nor controlled to minimize the severe debilitating and adverse health risks; and
WHEREAS, annual tobacco-related health costs in Hawaii are four times greater than the amount Hawaii consumers spend on cigarettes, totaling $87,000,000 annually in costs, profits, and taxes, and causing a huge economic burden on the State; and
WHEREAS, regulation is the only scientific, fair, and effective way to evaluate and control consumer products, benefiting public safety; and
WHEREAS, the principles of the regulatory process were designed to be free of conflict of interest, economic incentives, and political influences; and
WHEREAS, consumer product regulation, one of the hallmarks of a developed country, aims to:
(1) Guarantee a consistent product;
(2) Evaluate and minimize harmful effects; and
(3) Evaluate and maximize benefits;
and
WHEREAS, the United States Food and Drug Administration (FDA) recently evaluated tobacco for regulation, but was blocked by the United States Supreme Court from exercising jurisdiction over tobacco, resulting in a request from the FDA to all states to individually examine their state laws regarding tobacco regulation; and
WHEREAS, in Hawaii the Director of Health has the authority and responsibility to control and regulate harmful consumer products, but tobacco is currently exempt from being classified as a consumer product in this state; and
WHEREAS, it is now time for Hawaii to begin regulating tobacco with the technical assistance of the FDA and other federal agencies for the safety, welfare, and economic relief of Hawaii's citizens; and
WHEREAS, the Department of Health must first gain jurisdiction by seeking the removal of tobacco as an exemption as a consumer product, then:
(1) Begin the regulation process by gathering and evaluating FDA data on tobacco to study the best approach to minimize health risks; and
(2) Enforce disclosure and set standards for key cigarette components;
now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-first Legislature of the State of Hawaii, Regular Session of 2002, the Senate concurring, that this body requests all manufacturers of cigarettes, cigars, snuff, pipe tobacco, or chewing tobacco sold in Hawaii to provide annual reports to the Department of Health for the purpose of protecting public health and welfare; and
BE IT FURTHER RESOLVED that this body requests that the report should list the following for each brand of tobacco product:
(1) The identity of any added constituent including tobacco and reconstituted tobacco sheet made wholly from tobacco to be listed in descending order according to weight, measure, or numerical count;
(2) The nicotine yield ratings and components that affect nicotine absorption, which shall accurately reflect nicotine intake for average consumers based on standards to be established by the Department of Health;
(3) The identity and quantity of toxic constituents of:
(A) Tobacco, by brand; and
(B) Cigarettes, by brand of tobacco;
and
(4) The identity and quantity of toxic contaminants in the mainstream and side stream smoke of cigarettes by brand and toxicity yield rating based on standards to be established by the Department of Health;
and
BE IT FURTHER RESOLVED that the Department of Health, in conjunction with federal authorities, is requested to:
(1) Investigate public health risks associated with exposure to added constituents, toxic ingredients, and nicotine; and
(2) Develop methods and criteria for manufacturers, under regulatory guidelines, to reduce the risks associated with exposure to harmful constituents, ingredients, and nicotine;
and
BE IT FURTHER RESOLVED that the Department of Health submit a report of its findings and recommendations to the Legislature no later than 20 days before the convening of the Regular Session of 2003; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Health and to manufacturers of cigarette and tobacco products.
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OFFERED BY: |
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Report Title:
Tobacco Regulation