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Committee advances HB 380 to restore local control over flavored tobacco rules
Summary
The committee voted to pass HB 380 with amendments that add a savings clause and technical renumbering. The bill would restore county authority to enact more stringent rules on tobacco products at point of sale, a change supporters say is needed to curb youth vaping; opponents warned of economic impacts and urged alternative approaches.
The House Committee on Consumer Protection and Commerce on Jan. 29 voted to pass House Bill 380 with amendments that add a savings clause and technical renumbering; the committee's action would remove the statutory preemption that has blocked counties from adopting stricter point‑of‑sale tobacco controls.
State public‑health agencies, local governments and national health organizations urged passage. Chelsea Okamoto, deputy attorney general with the Tobacco Enforcement Unit, said the AG's office supported the bill with a recommendation to add a "savings clause" and to renumber sections. Lola Irvin, speaking for the Department of Health, said restoring county authority would let counties use local knowledge to adopt stronger protections — including restrictions on flavored tobacco products — that address higher youth use in some counties.
Advocacy groups including the American Cancer Society, American Lung Association and the Coalition for Tobacco Free Hawaii said county-level control is necessary to address youth vaping and flavored-product marketing. Kevin Ramirez of the Coalition for Tobacco Free Hawaii told the committee counties and mayors "worked with youth to pass these policies" and that several counties have passed flavored-product ordinances that cannot take effect while state preemption remains.
Small-business owners and a taxpayer‑advocacy group opposed or asked for caution. Travis Yoshinaga, who identified himself as a neighborhood store owner, said an outright ban or tighter restrictions could harm small retailers and risk creating black‑market sales. Lindsey Stroud of the Taxpayers Protection Alliance argued Hawaii's progress on smoking rates merited further study and said shifting policy to local control could warrant additional analysis.
Vote: the chair's recommendation to pass HB 380 with the AG's amendment (adding a savings clause and renumbering) and to defer the effective date to July 1, 3000 for drafting was adopted. One member voiced a recorded "no" during the roll call; the chair announced the recommendation was adopted.
Next steps: the bill moves forward with the AG's suggested language and a savings clause; counties said they had requested the bill and are prepared to implement local ordinances once state preemption is removed.
