STAND. COM. REP. NO. 1213

Honolulu, Hawaii

, 2021

RE: S.B. No. 345

S.D. 2

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Agriculture, to which was referred S.B. No. 345, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO COSMETICS,"

begs leave to report as follows:

The purpose of this measure is to prohibit a manufacturer from importing for profit, selling, or offering for sale in Hawaii any cosmetic for which the manufacturer knew or reasonably should have known that an animal test was conducted or contracted, by or on behalf of the manufacturer or any supplier of the manufacturer, on or after January 1, 2022.

Your Committee received testimony in support of this measure from the Hawaiian Humane Society, Down to Earth Organic and Natural, Cruelty Free International, The Humane Society of the United States, Ao Organics Hawai‘i, O‘o Hawaii, Pure Mana Hawaii, and four individuals. Your Committee received comments on this measure from the Department of Health, Office of Information Practices, and Retail Merchants of Hawaii.

Your Committee finds that modern cosmetic safety testing standards and practices no longer require the use of animals. These new testing methods are also more reliable, efficient, and effective. Your Committee further finds that this measure strikes a balance between a complete ban and limited exceptions to the animal testing prohibition, which exceptions recognize the realities of chemical testing commonly done around the globe.

Your Committee has amended this measure by:

(1) Transferring the statutory placement of its substantive contents from chapter 328, Hawaii Revised Statutes, to chapter 321, Hawaii Revised Statutes;

(2) Prohibiting animal testing for cosmetics that was conducted in a cruel manner, as identified in section 711-1108.5(1)(a), Hawaii Revised Statutes, relating to cruelty to animals in the first degree; and

(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 345, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 345, S.D. 2, H.D. 1, and be referred to your Committee on Consumer Protection & Commerce.

Respectfully submitted on behalf of the members of the Committee on Agriculture,

____________________________

MARK J. HASHEM, Chair