SB 2112: Additives in Food; Petroleum-Based Synthetic Food Dyes; Synthetic Chemicals; Prohibited

A BILL FOR AN ACT

RELATING TO ADDITIVES IN FOOD.

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

     SECTION 1.  Chapter 328, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§328-    Additives in food; petroleum-based synthetic dyes and synthetic chemicals prohibited.  Beginning January 1, 2027, it shall be unlawful to manufacture, sell, offer for sale, distribute for sale, or distribute for use in the State any food for human consumption that contains any petroleum-based synthetic dyes and synthetic chemical additives."

     SECTION 2.  Section 328-6, Hawaii Revised Statutes, is amended to read as follows:

     "§328-6  Prohibited acts.  The following acts and the causing thereof within the State by any person are prohibited:

     (1)  The manufacture, sale, delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded;

     (2)  The adulteration or misbranding of any food, drug, device, or cosmetic;

     (3)  The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise;

     (4)  The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of section 328-11, 328-12, or 328-17;

     (5)  The dissemination of any false advertisement;

     (6)  The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by sections 328-22 and 328-23 to 328-27, or to permit access to or copying of any record as authorized by section 328-23;

     (7)  The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the State from whom the person received in good faith the food, drug, device, or cosmetic;

     (8)  The removal or disposal of a detained or embargoed article in violation of sections 328-25 to 328-27;

     (9)  The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic, if the act is done while the article is held for sale and results in the article being adulterated or misbranded;

    (10)  Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by rules adopted under this part or regulations adopted under the Federal Act;

    (11)  The use, on the labeling of any drug or in any advertisement relating to the drug, of any representation or suggestion that an application with respect to the drug is effective under section 328-17, or that the drug complies with that section;

    (12)  The use by any person to the person's own advantage, or revealing other than to the department of health or to the courts when relevant in any judicial proceeding under this part, any information acquired under authority of section 328-11, 328-12, 328-17, or 328‑23, concerning any method or process which as a trade secret is entitled to protection;

    (13)  In the case of a prescription drug distributed or offered for sale in [this] the State, the failure of the manufacturer, packer, or distributor thereof to maintain for transmittal, or to transmit, to any practitioner who makes written request for information as to the drug, true and correct copies of all printed matter [which] that is required to be included in any package in which that drug is distributed or sold, or [such] other printed matter as is approved under the Federal Act.  Nothing in this paragraph shall be construed to exempt any person from any labeling requirement imposed by or under other provisions of this part;

     (14) (A)  Placing or causing to be placed upon any drug or device or container thereof, with intent to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing; [or]

          (B)  Selling, dispensing, disposing of, or causing to be sold, dispensed, or disposed of, or concealing or keeping in possession, control, or custody, with intent to sell, dispense, or dispose of, any drug, device, or any container thereof, with knowledge that the trade name or other identifying mark or imprint of another or any likeness of any of the foregoing has been placed thereon in a manner prohibited by subparagraph (A); or

          (C)  Making, selling, disposing of, or causing to be made, sold, or disposed of, or keeping in possession, control, or custody, or concealing, with intent to defraud, any punch, die, plate, or other thing designed to print, imprint, or reproduce that trade name or other identifying mark or imprint of another or any likeness of any of the foregoing upon any drug, device, or container thereof;

    (15)  Except as provided in part VI and section 461-1, dispensing or causing to be dispensed a different drug or brand of drug in place of the drug or brand of drug ordered or prescribed without express permission in each case of the person ordering or prescribing;

    (16)  The distribution in commerce of a consumer commodity as defined in this part, if [such] the commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to this part and of rules adopted under authority of this part; provided that this prohibition shall not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that [such] the persons:

          (A)  Are engaged in the packaging or labeling of [such] the commodities; or

          (B)  Prescribe or specify by any means the manner in which [such] the commodities are packaged or labeled;

    (17)  The selling or dispensing in restaurants, soda fountains, drive-ins, lunch wagons, or similar public eating establishments of imitation milk and imitation milk products in place of fresh milk and fresh milk products respectively; of liquid or dry products [which] that simulate cream but do not comply with content requirements for cream in place of cream; of non-dairy frozen desserts [which] that do not comply with content requirements for dairy frozen desserts in place of dairy frozen desserts; and of any other imitation food or one made in semblance of a genuine food in place of [such] the genuine food, unless the consumer is notified by either proper labeling or conspicuous posted signs or conspicuous notices on menu cards and advertisements informing of [such] the substitution, to include but not be limited to the substitution of imitation milk in milk shake and malted milk drinks;

    (18)  Wilfully and falsely representing or using any devices, substances, methods, or treatment as effective in the diagnosis, cure, mitigation, treatment, or alleviation of cancer.  This paragraph shall not apply to any person who depends exclusively upon prayer for healing in accordance with teachings of a bona fide religious sect, denomination, or organization, nor to a person who practices [such] those teachings;

    (19)  The selling or offering for sale at any food facility [which] that serves or sells over the counter directly to the consumer an unlabeled or unpackaged food that is a confectionery [which] that contains alcohol in excess of one-half of one per cent by weight unless the consumer is notified of that fact by either proper labeling or conspicuous posted signs or conspicuous notices on menu cards and advertisements;

    (20)  The sale to a person below the age of twenty-one years of any food [which] that is a confectionery [which] that contains alcohol in excess of one-half of one per cent by weight[.]; and

    (21)  The manufacturing, selling, offering for sale, distributing for sale, or distributing for use any food for human consumption in violation of section 328-  ."

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

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Additives in Food; Petroleum-Based Synthetic Food Dyes; Synthetic Chemicals; Prohibited

Description:

Beginning January 1, 2027, bans the manufacture, sale, offer of sale, or distribution in the State of any food for human consumption that contains petroleum-based synthetic food dyes and synthetic chemical additives.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

Relating to additives IN FOOD.

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

     SECTION 1.  Chapter 328, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§328-    Additives in food; petroleum-based synthetic dyes and synthetic chemicals prohibited.  Beginning January 1, 2027, it shall be unlawful to manufacture, sell, offer for sale, distribute for sale, or distribute for use in the State any food that contains any petroleum-based synthetic dyes and synthetic chemical additives."

     SECTION 2.  Section 328-6, Hawaii Revised Statutes, is amended to read as follows:

     "§328-6  Prohibited acts.  The following acts and the causing thereof within the State by any person are prohibited:

     (1)  The manufacture, sale, delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded;

     (2)  The adulteration or misbranding of any food, drug, device, or cosmetic;

     (3)  The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise;

     (4)  The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of section 328-11, 328-12, or 328-17;

     (5)  The dissemination of any false advertisement;

     (6)  The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by sections 328-22 and 328-23 to 328-27, or to permit access to or copying of any record as authorized by section 328-23;

     (7)  The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the State from whom the person received in good faith the food, drug, device, or cosmetic;

     (8)  The removal or disposal of a detained or embargoed article in violation of sections 328-25 to 328-27;

     (9)  The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic, if the act is done while the article is held for sale and results in the article being adulterated or misbranded;

    (10)  Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by rules adopted under this part or regulations adopted under the Federal Act;

    (11)  The use, on the labeling of any drug or in any advertisement relating to the drug, of any representation or suggestion that an application with respect to the drug is effective under section 328-17, or that the drug complies with that section;

    (12)  The use by any person to the person's own advantage, or revealing other than to the department of health or to the courts when relevant in any judicial proceeding under this part, any information acquired under authority of section 328-11, 328-12, 328-17, or 328‑23, concerning any method or process which as a trade secret is entitled to protection;

    (13)  In the case of a prescription drug distributed or offered for sale in [this] the State, the failure of the manufacturer, packer, or distributor thereof to maintain for transmittal, or to transmit, to any practitioner who makes written request for information as to the drug, true and correct copies of all printed matter [which] that is required to be included in any package in which that drug is distributed or sold, or [such] the other printed matter as is approved under the Federal Act.  Nothing in this paragraph shall be construed to exempt any person from any labeling requirement imposed by or under other provisions of this part;

     (14) (A)  Placing or causing to be placed upon any drug or device or container thereof, with intent to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing; [or]

          (B)  Selling, dispensing, disposing of, or causing to be sold, dispensed, or disposed of, or concealing or keeping in possession, control, or custody, with intent to sell, dispense, or dispose of, any drug, device, or any container thereof, with knowledge that the trade name or other identifying mark or imprint of another or any likeness of any of the foregoing has been placed thereon in a manner prohibited by subparagraph (A); or

          (C)  Making, selling, disposing of, or causing to be made, sold, or disposed of, or keeping in possession, control, or custody, or concealing, with intent to defraud, any punch, die, plate, or other thing designed to print, imprint, or reproduce that trade name or other identifying mark or imprint of another or any likeness of any of the foregoing upon any drug, device, or container thereof;

    (15)  Except as provided in part VI and section 461-1, dispensing or causing to be dispensed a different drug or brand of drug in place of the drug or brand of drug ordered or prescribed without express permission in each case of the person ordering or prescribing;

    (16)  The distribution in commerce of a consumer commodity as defined in this part, if [such] the commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to this part and of rules adopted under authority of this part; provided that this prohibition shall not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that [such] the persons:

          (A)  Are engaged in the packaging or labeling of [such] the commodities; or

          (B)  Prescribe or specify by any means the manner in which [such] the commodities are packaged or labeled;

    (17)  The selling or dispensing in restaurants, soda fountains, drive-ins, lunch wagons, or similar public eating establishments of imitation milk and imitation milk products in place of fresh milk and fresh milk products respectively; of liquid or dry products [which] that simulate cream but do not comply with content requirements for cream in place of cream; of non-dairy frozen desserts [which] that do not comply with content requirements for dairy frozen desserts in place of dairy frozen desserts; and of any other imitation food or one made in semblance of a genuine food in place of [such] the genuine food, unless the consumer is notified by either proper labeling or conspicuous posted signs or conspicuous notices on menu cards and advertisements informing of [such] the substitution, to include but not be limited to the substitution of imitation milk in milk shake and malted milk drinks;

    (18)  Wilfully and falsely representing or using any devices, substances, methods, or treatment as effective in the diagnosis, cure, mitigation, treatment, or alleviation of cancer.  This paragraph shall not apply to any person who depends exclusively upon prayer for healing in accordance with teachings of a bona fide religious sect, denomination, or organization, nor to a person who practices such teachings;

    (19)  The selling or offering for sale at any food facility [which] that serves or sells over the counter directly to the consumer an unlabeled or unpackaged food that is a confectionery [which] that contains alcohol in excess of one-half of one per cent by weight unless the consumer is notified of that fact by either proper labeling or conspicuous posted signs or conspicuous notices on menu cards and advertisements;

    (20)  The sale to a person below the age of twenty-one years of any food [which] that is a confectionery [which] that contains alcohol in excess of one-half of one per cent by weight[.]; and

    (21)  The manufacturing, selling, offering for sale, distributing for sale, or distributing for use any food in violation of section 328-  ."

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

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Additives in Food; Petroleum-Based Synthetic Food Dyes; Synthetic Chemicals; Prohibited

Description:

Beginning January 1, 2027, bans the manufacture, sale, offer of sale, or distribution in the State of any food that contains petroleum-based synthetic food dyes and synthetic chemical additives.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 2568

Honolulu, Hawaii

RE:     S.B. No. 2112

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Agriculture and Environment, to which was referred S.B. No. 2112 entitled:

"A BILL FOR AN ACT RELATING TO ADDITIVES IN FOOD,"

begs leave to report as follows:

     The purpose and intent of this measure is to, beginning January 1, 2027, ban the manufacture, sale, offer of sale, or distribution in the State of any food that contains petroleum-based synthetic food dyes and synthetic chemical additives.

     Your Committee received testimony in support of this measure from three individuals.

     Your Committee received testimony in opposition to this measure from the National Confectioners Association, Hawaii Food Industry Association, America Beverage Association, Consumer Healthcare Products Association, and Food Ingredient Safety Coalition.

     Your Committee received comments on this measure from the Department of Health, Pet Food Institute, and Animal Health Institute.

     Your Committee finds that numerous petroleum-based synthetic food dyes and chemical additives have been scientifically linked to adverse health effects, including cancer, organ damage, and reproductive harm in addition to hyperactivity, behavioral issues, and neurological problems in children.  Furthermore, the United States Department of Health and Human Services announced its initiative to phase out petroleum-based food dyes from the American food supply as these compounds offer zero nutritional benefit and pose dangers to child development and public health.  Your Committee further finds that other jurisdictions have banned, phased out, or highly regulated chemical additives in food including the European Union, Japan, Australia, and other states such as California and West Virginia.  Therefore, this measure supports a strong statewide food safety system that aligns with related federal and existing international health regulations.

     Your Committee acknowledges the concerns raised in testimony by the Animal Health Institute that pet food has a distinct regulatory framework that manages pet food best practices.  Therefore, amendments to this measure are necessary to address this concern.

     Accordingly, your Committee has amended this measure by:

     (1)  Specifying that the ban on manufacturing, selling, or distributing in the State of any food that contains certain petroleum-based synthetic food dyes and synthetic chemical additives shall only apply to food meant for human consumption; and

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

Your Committee notes the testimony of the Department of Health, which requests additional funding to effectuate the prohibition on certain petroleum-based synthetic food dyes and synthetic chemical additives.  Your Committee respectfully requests that any subsequent Committees hearing this measure, as it moves through the legislative process, consider the Department of Health's request for:

     (1)  $600,000 for specialized laboratory equipment to test potentially violative products to verify compliance; and

     (2)  Annual funding in the amount of $200,000 for:

          (A)  Two full-time equivalent (2.0 FTE) laboratory chemist positions;

          (B)  Two full-time equivalent (2.0 FTE) inspector positions; and

          (C)  Equipment maintenance and laboratory supplies.

     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. 2112, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2112, S.D. 1, and be referred to your Committee on Commerce and Consumer Protection.

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