HB644 HD2

SECTION 1. The legislature finds that per- and polyfluoroalkyl substances (PFAS) are highly toxic chemicals that are sometimes used in food packaging to make it waterproof and greaseproof. PFAS are highly persistent and are sometimes called "forever chemicals," are highly mobile and can migrate into food, are water soluble, and can contaminate groundwater and the environment. People can be exposed to PFAS by consuming contaminated food or water, using products that contain PFAS, or breathing air that contains PFAS. PFAS have been linked to higher cancer risk, including kidney and testicular cancer, weaker immune response, lower birth weight, hormone disruption, liver and kidney toxicity, and reproductive and developmental toxicity. The United States Food and Drug Administration has ended the sales of grease-proofing materials containing PFAS sold by manufacturers for use in food contact packaging, a positive step forward towards reevaluating chemicals authorized for use with, and in food, and the protection of consumers from potentially harmful food-contact chemicals. California, New York, Washington, Vermont, Connecticut, Colorado, and Minnesota have already passed laws restricting the use of PFAS in food packaging.

The purpose of this Act is to establish a prohibition on the distribution, sale, and use of single-use plastic food ware containing regulated PFAS by businesses beginning on January 1, 2028.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321- Single-use plastic food ware containing perfluoroalkyl and polyfluoroalkyl substances; prohibited. (a) Beginning January 1, 2028, no business where food or beverages that are packaged and sold on the business' premises for individual consumption shall distribute, sell, or use single-use plastic food ware that contains plastic with regulated perfluoroalkyl and polyfluoroalkyl substances.

(b) Enforcement and administration of this section shall be under the jurisdiction of the department of health. Any business violating any provision of this section or any rule adopted pursuant to this section shall:

(1) Be ordered to discontinue the distribution, sale, or use of items prohibited by this section; and

(2) If the business continues the distribution, sale, or use despite the order, be subject to a fine of no less than $100 nor more than $1,000 for each day of violation.

The director of health may institute a civil action in any court of competent jurisdiction for injunctive relief to correct or abate violations of this section or any rule adopted pursuant to this section, collect administrative penalties, or obtain other relief.

(c) Nothing in this section shall prohibit a county from enacting an ordinance that is more stringent in the prohibition of single-use plastic food ware that contains plastic with regulated perfluoroalkyl and polyfluoroalkyl substances, or supersede any such ordinance.

(d) For the purposes of this section:

"Business" means any commercial enterprise or establishment operating in the State, including an individual proprietorship, joint venture, partnership, corporation, limited liability company, or other legal entity, whether for profit or not for profit, and includes all employees of the business or any independent contractors associated with the business.

"Food ware" means hot and cold beverage cups, cup lids, straws, utensils, stirrers, cup stoppers, splash sticks, plates, bowls, clamshell containers, trays, or other containers and their lids that are intended to hold or package food or beverages.

"Plastic":

(1) Means a synthetic or semisynthetic material chemically synthesized by the polymerization of organic substances that can be shaped into various rigid and flexible forms;

(2) Includes, without limitation, polyethylene terephthalate, high density polyethylene, polyvinyl chloride, low density polyethylene, polypropylene, polystyrene, polylactic acid, and aliphatic biopolyesters, such as polyhydroxyalkanoate and polyhydroxybutyrate; and

(3) Does not include natural rubber, aluminum, glass, paper, bamboo, sugarcane, coconut husk, cassava, polymers such as proteins or starches or other biomass, or reusable containers.

"Regulated perfluoroalkyl and polyfluoroalkyl substances" or "PFAS":

(1) Means a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom; and

(2) Includes:

(A) Perfluoroalkyl and polyfluoroalkyl substances that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the perfluoroalkyl and polyfluoroalkyl substance components of intentionally added chemicals and perfluoroalkyl and polyfluoroalkyl substances that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product; or

(B) The presence of perfluoroalkyl and polyfluoroalkyl substances in a product or product component at or above one hundred parts per million, as measured in total organic fluorine.

"Single-use" means conventionally disposed of after a single use or not sufficiently durable or washable to be, or not intended to be, reusable or refillable."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	644
THIRTY-THIRD LEGISLATURE, 2025		H.D. 2
STATE OF HAWAII