THE SENATE

S.B. NO.

2230

THIRTY-THIRD LEGISLATURE, 2026

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to lung cancer Screening.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  The legislature finds that, according to the American Lung Association, lung cancer is the leading cause of cancer death in the State, with the disease disproportionately affecting Asian Americans, Native Hawaiians, and other Pacific Islanders.  The legislature additionally finds that early stage diagnosis through annual low-dose computed tomography screening increases survival rates by detecting and treating the cancer early.

     Accordingly, the purpose of this Act is to:

     (1)  Require the department of health to develop no later than December 31, 2026, standardized educational materials relating to lung cancer screening and language on lung cancer screening information to be included in signage and written notices to be used by retailers of tobacco products; and

     (2)  Beginning January 1, 2027, require retailers engaged in the retail sale of tobacco products to display signage on lung cancer screening at each point of sale and provide written notice on lung cancer screening to each buyer of a tobacco product.

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

"   .  Retail Sale of Tobacco; Signage and Notices

     §321-    Lung cancer screening awareness, signage and notice.  (a)  No later than December 31, 2026, the department of health shall develop and make available to the public:

     (1)  Standardized educational materials describing:

          (A)  Eligibility criteria for lung cancer screening using low-dose computed tomography;

          (B)  Locations of federally qualified health centers and hospitals offering lung cancer screening; and

          (C)  The benefits and importance of early detection of lung cancer;

     (2)  Language on lung cancer screening to be included in signage to be displayed at each point of sale of tobacco products; and

     (3)  Language on lung cancer screening to be included in written notice to be provided to each buyer of a tobacco product.

     (b)  Beginning January 1, 2027, every retailer engaged in the retail sale of tobacco products shall:

     (1)  Prominently display signage including language developed pursuant to subsection (a)(2) at each point of sale of a tobacco product, including on vending machines; and

     (2)  Provide to each buyer of a tobacco product a written notice including language developed pursuant to subsection (a)(3).

     (c)  If this section or any provision of this section conflicts at any time with federal law, then the federal law shall prevail and this section or the relevant provisions of this section shall become ineffective and invalid.  The ineffectiveness or invalidity of this section or any of its provisions shall not affect any other provisions or applications of this section which shall be given effect without the invalid provision or application, and to this end, the provisions of this section are severable.

     (d)  For the purposes of this section:

     "Retailer" has the same meaning as defined in section 245‑1.

     "Retail sale of tobacco products" has the same meaning as "retail sale" or "tobacco retailing" as those terms are defined in section 245-1.

     §321-    Rules.  The department of health may adopt rules in accordance with chapter 91 for the purposes of implementing this subpart."

     SECTION 3.  Chapter 321, Hawaii Revised Statutes, is amended as follows:

     1.  By designating section 321-211 as subpart A, and inserting a title before section 321-211 to read:

"A.  General Provisions"

     2.  By designating sections 321-212 to 321-214 as subpart B, and inserting a title before section 321-212 to read:

"B.  Possession or Consumption of Tobacco Products"

     SECTION 4.  Section 321-213, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§321-213[]]  Exemptions.  This [part] subpart shall not apply to:

     (1)  Any person under twenty-one years of age, with parental authorization, who is participating in a controlled purchase as part of a law enforcement activity or a study authorized by the department of health under the supervision of law enforcement to determine the level of incidence of tobacco sales to persons under twenty-one years of age; or

     (2)  Possession of tobacco products by a person under twenty-one years of age in the course of delivery, pursuant to the direction of the person's employer lawfully engaged in business necessitating the delivery."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________


 


 


 

Report Title:

DOH; Lung Cancer Screening; Educational Materials; Signage; Written Notice; Cigarettes; Tobacco Products; Retailers

 

Description:

Requires the Department of Health to develop by 12/31/2026, standardized educational materials relating to lung cancer screening and language on lung cancer screening information to be included in signage and written notices to be used by retailers of tobacco products.  Beginning 1/1/2027, requires retailers engaged in the retail sale of tobacco products to display signage on lung cancer screening at each point of sale and provide written notice on lung cancer screening to each buyer of a tobacco product.

 

 

 

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