SB 683: RELATING TO ENVIRONMENTAL PROTECTION.

A BILL FOR AN ACT

RELATING TO ENVIRONMENTAL PROTECTION.

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

     SECTION 1.  The legislature finds that perfluoroalkyl and polyfluoroalkyl substances (PFAS) are persistent, toxic substances that can contaminate drinking water, bioaccumulate in fish and wildlife, and have multiple adverse health effects on humans.  PFAS are utilized in a broad range of products, including clothing, textiles, food packaging, and cosmetic products, such as lotions, nail polish, shaving cream, and mascara.

     The legislature further finds that PFAS are often called "forever chemicals" because they do not naturally break down in the environment and can continue to pollute the environment for thousands of years.  PFAS can enter the human body when consumed, when applied directly on skin, and after eating food packaged in materials that contain PFAS.  Although the legislature enacted Act 152, Session Laws of Hawaii 2022, to prohibit PFAS in certain types of food packaging and firefighting foam by the end of 2024, it is evident that further action is needed.

     When these forever chemicals are brought into the State, they never leave.  Instead, they make their way into residents' bodies and the State's wastewater, landfills, and eventually groundwater and the drinking water supply.  The State can no longer afford to import toxic substances that contaminate the State's finite resources and risk residents' health.

     Accordingly, the purpose of this Act is to prohibit the manufacture, sale, offer for sale, distribution for sale, and distribution for use of any food packaging, food service ware, cosmetic, or personal care product that contains intentionally added PFAS.

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

     "§321-    Food packaging, food service ware, cosmetics, personal care products; prohibited items.  (a)  Beginning January 1, 2028, it shall be unlawful to manufacture, sell, offer for sale, distribute for sale, or distribute for use in the State any food packaging, food service ware, cosmetic, or personal care product that contains intentionally added PFAS; provided that this section shall not apply to:

     (1)  Hydrofluoroolefins used as propellants in cosmetics;

     (2)  A product that is regulated as a drug, medical device, or dietary supplement by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.) or the Dietary Supplement Health and Education Act of 1994; and

     (3)  A combination product as defined under title 21 Code of Federal Regulations section 3.2(e).

     (b)  For the purposes of this section:

     "Cosmetic" has the same meaning as defined in section 321‑30.4.

     "Food service ware" means all containers, bowls, bowl lids, clamshells, plates, trays, cups, cup lids, straws, forks, spoons, knives, napkins, utensils, chopsticks, cup sleeves, condiment packets and saucers, stirrers, splash sticks, cocktail sticks, toothpicks, and other like items that are designed for a single use for or alongside prepared foods, including but not limited to service ware for takeout foods or leftovers from partially consumed meals prepared by food vendors.

     "Intentionally added PFAS" means PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product.

     "Manufacturer" means:

     (1)  Any entity that produces or manufactures a product covered under this section; or

     (2)  In the case of a cosmetic, any person whose name appears on the label of a cosmetic product pursuant to the requirements of title 21 Code of Federal Regulations section 701.12.

     "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means fluorinated substances that contain a perfluoroalkyl moiety with two adjacent fully fluorinated carbons or perfluoroalkyl ether moiety, and at least one fully fluorinated methyl or methylene carbon atom without any hydrogen, chlorine, bromine, or iodine atom attached to it.  "PFAS" also means any chemical with at least a perfluorinated methyl group (–CF3) or a perfluorinated methylene group (– CF2–).

     "Personal care product" has the same meaning as defined in section 321-30.5."

     SECTION 3.  Section 321-602, Hawaii Revised Statutes, is repealed.

     ["[§321-602]  Food packaging; prohibited items.  (a)  Beginning December 31, 2024, it shall be unlawful to manufacture, sell, offer for sale, distribute for sale, or distribute for use in the State any food packaging specified in subsection (b) to which PFAS chemicals have been intentionally introduced in any amount.

     (b)  The prohibition under this section shall apply to wraps and liners, plates, food boats, and pizza boxes."]

     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; provided that section 3 of this Act shall take effect on January 1, 2028.

Report Title:

PFAS; Food Packaging; Food Service Ware; Cosmetics; Personal Care Products; Prohibition

Description:

Beginning 1/1/2028, prohibits the manufacture, sale, offer for sale, distribution for sale, and distribution for use of any food packaging, food service ware, cosmetic, or personal care product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances, with certain exceptions.  (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 ENVIRONMENTAL PROTECTION.

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

     SECTION 1.  The legislature finds that perfluoroalkyl and polyfluoroalkyl substances (PFAS) are persistent, toxic substances that can contaminate drinking water, bioaccumulate in fish and wildlife, and have multiple adverse health effects on humans.  PFAS are utilized in a broad range of products, including clothing, textiles, food packaging, and cosmetic products, such as lotions, nail polish, shaving cream, and mascara.

     The legislature further finds that PFAS are often called "forever chemicals" because they do not naturally break down in the environment and can continue to pollute the environment for thousands of years.  PFAS can enter the human body when consumed, when applied directly on skin, and after eating food packaged in materials that contain PFAS.  Although the legislature enacted Act 152, Session Laws of Hawaii 2022, to prohibit PFAS in certain types of food packaging and firefighting foam by the end of 2024, it is evident that further action is needed.

     When these forever chemicals are brought into the State, they never leave.  Instead, they make their way into residents' bodies and the State's wastewater, landfills, and eventually groundwater and the drinking water supply.  The State can no longer afford to import toxic substances that contaminate the State's finite resources and risk residents' health.

     Accordingly, the purpose of this Act is to prohibit the manufacture, sale, offer for sale, distribution for sale, and distribution for use of any food packaging, food service ware, cosmetic, or personal care product that contains intentionally added PFAS.

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

     "§321-    Food packaging, food service ware, cosmetics, personal care products; prohibited items.  (a)  Beginning January 1, 2028, it shall be unlawful to manufacture, sell, offer for sale, distribute for sale, or distribute for use in the State any food packaging, food service ware, cosmetic, or personal care product that contains intentionally added PFAS; provided that this section shall not apply to:

     (1)  Hydrofluoroolefins used as propellants in cosmetics;

     (2)  A product that is regulated as a drug, medical device, or dietary supplement by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.) or the Dietary Supplement Health and Education Act of 1994; and

     (3)  A combination product as defined under title 21 Code of Federal Regulations section 3.2(e).

     (b)  For the purposes of this section:

     "Cosmetic" has the same meaning as defined in section 321‑30.4.

     "Food service ware" means all containers, bowls, bowl lids, clamshells, plates, trays, cups, cup lids, straws, forks, spoons, knives, napkins, utensils, chopsticks, cup sleeves, condiment packets and saucers, stirrers, splash sticks, cocktail sticks, toothpicks, and other like items that are designed for a single use for or alongside prepared foods, including but not limited to service ware for takeout foods or leftovers from partially consumed meals prepared by food vendors.

     "Intentionally added PFAS" means PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect on the product.

     "Manufacturer" means:

     (1)  Any entity that produces or manufactures a product covered under this section; or

     (2)  In the case of a cosmetic, any person whose name appears on the label of a cosmetic product pursuant to the requirements of title 21 Code of Federal Regulations section 701.12.

     "Personal care product" has the same meaning as defined in section 321-30.5."

     SECTION 3.  Section 321-602, Hawaii Revised Statutes, is repealed.

     ["[§321-602]  Food packaging; prohibited items.  (a)  Beginning December 31, 2024, it shall be unlawful to manufacture, sell, offer for sale, distribute for sale, or distribute for use in the State any food packaging specified in subsection (b) to which PFAS chemicals have been intentionally introduced in any amount.

     (b)  The prohibition under this section shall apply to wraps and liners, plates, food boats, and pizza boxes."]

     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; provided that section 3 of this Act shall take effect on January 1, 2028.

Report Title:

PFAS; Food Packaging; Food Service Ware; Cosmetics; Personal Care Products; Prohibition

Description:

Beginning 1/1/2028, prohibits the manufacture, sale, offer for sale, distribution for sale, and distribution for use of any food packaging, food service ware, cosmetic, or personal care product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances, with certain exceptions.

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. 404

Honolulu, Hawaii

RE:    S.B. No. 683

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Agriculture and Environment, to which was referred S.B. No. 683 entitled:

"A BILL FOR AN ACT RELATING TO ENVIRONMENTAL PROTECTION,"

begs leave to report as follows:

     The purpose and intent of this measure is to, beginning January 1, 2028, prohibit the manufacture, sale, offer for sale, distribution for sale, and distribution for use of any food packaging, food service ware, cosmetic, or personal care product that contains intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS), with certain exceptions.

     Your Committee received testimony in support of this measure from the Hawaiʻi Reef and Ocean Coalition, Coalition Earth, Environmental Caucus of the Democratic Party of Hawaiʻi, Hawaiʻi Food+ Policy, Sierra Club of Hawaiʻi, and five individuals.

     Your Committee received testimony in opposition to this measure from the Retail Merchants of Hawaii.

     Your Committee received comments on this measure from the Department of Health.

     Your Committee finds that PFAS are toxic substances that do not naturally break down and pollute the environment for thousands of years once introduced.  Your Committee also finds that exposure to PFAS has been linked to adverse health outcomes.  Recognizing the harm of PFAS, the State prohibited the manufacture, sale, or distribution for sale or use of certain types of food packaging, beginning December 31, 2024, and fire extinguishing foam, beginning July 1, 2024, that contain PFAS through Act 152, Session Laws of Hawaii 2022.  This measure expands the State's ban on products with PFAS to protect the environment and human health from their detrimental and toxic effects.

     Your Committee has amended this measure by inserting a definition for "perfluoroalkyl and polyfluoroalkyl substances" or "PFAS".

     Your Committee notes that this measure does not contain any appropriation language.  According to testimony from the Department of Health, the following funding and personnel resources are necessary to implement this measure: at least four positions, specialized laboratory equipment costing approximately $1,000,000 to test potentially violative products to verify compliance, and an additional $225,000 of annual recurring costs for equipment maintenance and testing supplies.  Your Committee respectfully requests that subsequent Committees to which this measure is referred consider this request.

     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. 683, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 683, 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,