Unlawful Sale of Sunscreen - effective December 1, 2022.
October 06, 2022
COUNTY OF HAWAII, STATE OF HAWAII
BILL NO. 167 (DRAFT 2)
ORDINANCE NO. 22 81
AN ORDINANCE AMENDING CHAPTER 14 OF THE HAWAII COUNTY CODE 1983
2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO
PROHIBITION OF NON- MINERAL SUNSCREEN.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Findings and Purpose. Healthy coral reefs protect our island coastal infrastructure, beaches, and community. The chemical compounds contained in non-mineral sunscreen inhibit coral growth and degrade the integrity of our reefs.
The purpose of this ordinance is to preserve the health, safety, and welfare of humans and the environment, by allowing only mineral sunscreens to be provided, sold, offered for sale, or distributed in the County.
SECTION 2. Chapter 14 of the Hawai`i County Code 1983 ( 2016 Edition, as amended), is amended by adding a new article 5 to read as follows:
Article 5. Prohibition of Non- mineral Sunscreen.
Section 14- 30. Definitions.
As used in this article, unless the context requires otherwise:
Sunscreen," " licensed healthcare provider," and " prescription" mean the same as defined in section 342D- 21, Hawai` i Revised Statutes.
Non-mineral sunscreen" means any sunscreen that uses an active ingredient other than titanium dioxide and zinc oxide.
Titanium dioxide" means the chemical titanium ( IV) oxide under the International Union of Pure and Applied Chemistry chemical nomenclature registry, has a chemical abstract service registry number 13463- 67- 7, and whose synonyms include Ti02, titania, rutile, anatase, brookite, akaogiite, titanium white, Pigment White 6 ( PW6), Colour Index (CI) 77891, oxido de titanio ( IV), and titandioxid, and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from four hundred nanometers to two hundred twenty nanometers in an epidermal sunscreen- protection personal- care product.
Zinc oxide" means the chemical oxozinc under the International Union of Pure and Applied Chemistry chemical nomenclature registry, has a chemical abstract service registry number 1314- 13- 2, and whose synonyms include ZnO, zinc white, calamine, Chinese White, flowers of zinc, and zinc oxide, and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from four hundred nanometers to two hundred twenty nanometers in an epidermal sunscreen- protection personal- care product.
Section 14- 31. Prohibitions.
It is unlawful to sell, offer for sale, or distribute for sale any non- mineral sunscreen without a prescription issued by a licensed healthcare provider.
Section 14- 32. Exceptions.
This article shall not apply to the sale, distribution, or offer of sale of sunscreens banned pursuant to chapter 342D, Hawai` i Revised Statutes.
Section 14- 33. Enforcement and administration.
Enforcement and administration of the provisions of this article shall be under the jurisdiction of the department of environmental management of the County, which department shall have the power to formulate any administrative rules necessary to carry out the provisions of this article.
Section 14-34. Violation and penalty.
a) Any person, corporation, public agency or other entity who violates this article shall be fined not more than$ 1, 000 per incident.
b) Money fromfines collected for violation of this article shall be deposited into the general fund and utilized by the department of parks and recreation for mineral sunscreen dispensers, educational materials, and related purposes.
c) In addition to the foregoing, any designee of the department of environmental management shall seize and dispose of any product in violation of this article.
Section 14- 35. No conflict with State or federal law.
Nothing in this article may be interpreted or applied so as to create any requirement or duty in conflict with any State or federal law."
SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect on December 1, 2022.
BILL NO. 167 (DRAFT 2)
ORDINANCE NO. 22 81
AN ORDINANCE AMENDING CHAPTER 14 OF THE HAWAII COUNTY CODE 1983
2016 EDITION, AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO
PROHIBITION OF NON- MINERAL SUNSCREEN.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Findings and Purpose. Healthy coral reefs protect our island coastal infrastructure, beaches, and community. The chemical compounds contained in non-mineral sunscreen inhibit coral growth and degrade the integrity of our reefs.
The purpose of this ordinance is to preserve the health, safety, and welfare of humans and the environment, by allowing only mineral sunscreens to be provided, sold, offered for sale, or distributed in the County.
SECTION 2. Chapter 14 of the Hawai`i County Code 1983 ( 2016 Edition, as amended), is amended by adding a new article 5 to read as follows:
Article 5. Prohibition of Non- mineral Sunscreen.
Section 14- 30. Definitions.
As used in this article, unless the context requires otherwise:
Sunscreen," " licensed healthcare provider," and " prescription" mean the same as defined in section 342D- 21, Hawai` i Revised Statutes.
Non-mineral sunscreen" means any sunscreen that uses an active ingredient other than titanium dioxide and zinc oxide.
Titanium dioxide" means the chemical titanium ( IV) oxide under the International Union of Pure and Applied Chemistry chemical nomenclature registry, has a chemical abstract service registry number 13463- 67- 7, and whose synonyms include Ti02, titania, rutile, anatase, brookite, akaogiite, titanium white, Pigment White 6 ( PW6), Colour Index (CI) 77891, oxido de titanio ( IV), and titandioxid, and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from four hundred nanometers to two hundred twenty nanometers in an epidermal sunscreen- protection personal- care product.
Zinc oxide" means the chemical oxozinc under the International Union of Pure and Applied Chemistry chemical nomenclature registry, has a chemical abstract service registry number 1314- 13- 2, and whose synonyms include ZnO, zinc white, calamine, Chinese White, flowers of zinc, and zinc oxide, and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from four hundred nanometers to two hundred twenty nanometers in an epidermal sunscreen- protection personal- care product.
Section 14- 31. Prohibitions.
It is unlawful to sell, offer for sale, or distribute for sale any non- mineral sunscreen without a prescription issued by a licensed healthcare provider.
Section 14- 32. Exceptions.
This article shall not apply to the sale, distribution, or offer of sale of sunscreens banned pursuant to chapter 342D, Hawai` i Revised Statutes.
Section 14- 33. Enforcement and administration.
Enforcement and administration of the provisions of this article shall be under the jurisdiction of the department of environmental management of the County, which department shall have the power to formulate any administrative rules necessary to carry out the provisions of this article.
Section 14-34. Violation and penalty.
a) Any person, corporation, public agency or other entity who violates this article shall be fined not more than$ 1, 000 per incident.
b) Money fromfines collected for violation of this article shall be deposited into the general fund and utilized by the department of parks and recreation for mineral sunscreen dispensers, educational materials, and related purposes.
c) In addition to the foregoing, any designee of the department of environmental management shall seize and dispose of any product in violation of this article.
Section 14- 35. No conflict with State or federal law.
Nothing in this article may be interpreted or applied so as to create any requirement or duty in conflict with any State or federal law."
SECTION 3. Severability. If any provision of this ordinance or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect on December 1, 2022.