STAND. COM. REP. NO. 2582

Honolulu, Hawaii

RE: S.B. No. 3001

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Agriculture and Environment, to which was referred S.B. No. 3001 entitled:

"A BILL FOR AN ACT RELATING TO SUNSCREEN,"

begs leave to report as follows:

The purpose and intent of this measure is to prohibit the sale, offer for sale, and distribution of sunscreen products containing specified active ingredients beginning January 1, 2023.

Your Committee received testimony in support of this measure from the ‘Ahihi-Kina‘u Natural Area Reserve, Mālama Pūpūkea-Waimea, Wild Kids, Surfrider Foundation, Friends of Hanauma Bay, Hawai‘i Reef and Ocean Coalition, Kohala Center, one member of the Maui County Council, and thirty-two individuals. Your Committee received testimony in opposition to this measure from Sato Dermatology, Hawaii Dermatology & Plastic Surgery Centers, Personal Care Products Council, Consumer Healthcare Products Association, Hawaii Dermatological Society, American Academy of Dermatology Public Access to Sunscreens Coalition, Retail Merchants of Hawaii, Hawaii Skin Cancer Coalition, Hawaii Food Industry Association, and four individuals. Your Committee received comments on this measure from the Department of Health, Department of Land and Natural Resources, and one individual.

Your Committee finds that many sunscreen products contain active ingredients that may be harmful to human health and the environment. Recently, the Food and Drug Administration posted a proposed order to recategorize many active sunscreen ingredients as no longer Generally Recognized As Safe and Effective (GRASE). The proposed order limited the number of ingredients categorized as GRASE to just two. To account for the unknown and potentially damaging effects of ingredients not categorized as GRASE, this measure prohibits the sale, offer for sale, and distribution of sunscreen products not categorized as GRASE. Your Committee further finds, however, that the current form of this measure would have the unintended effect of removing an explicit ban on oxybenzone and octinoxate.

Accordingly, your Committee has amended this measure by:

(1) Restoring existing statutory language that prohibits oxybenzone and oxtinoxate;

(2) Specifying that the prohibition of active ingredients that are not generally recognized as safe and effective begins January 1, 2023;

(3) Inserting an effective date of January 1, 2050, to encourage further discussion; and

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

As affirmed by the record of votes of the members of your Committee on Agriculture and Environment that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3001, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3001, S.D. 1, and be referred to your Committees on Commerce and Consumer Protection and Judiciary.

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

________________________________

MIKE GABBARD, Chair