A bill to give the ability to regulate tobacco sales back to counties is getting attention at the state Legislature this session.
Lawmakers are considering a measure to repeal a 2018 state law known as Act 206 that preempts county tobacco sales measures.
More than 150 pages of testimony were submitted for House Bill 1563, although they were mixed.
But local officials and health advocates say counties have shown they’re better at tackling smoking than the state is. They also say that preemption laws are often used by the tobacco industry to skirt regulations.
“Over the past few months, the City and County of Honolulu and County of Hawaiʻi have passed bills to end flavored tobacco sales in their communities, sending a clear message to the state to protect our keiki statewide or restore their authority to regulate tobacco sales," said Luke Itomura of the Coalition for a Tobacco-Free Hawaiʻi Youth Council.
"These county councils stood by the youth and community advocates in passing these bills,” he said.
Both county councils have set up “trigger bans” for tobacco that would go into effect if the state law is repealed or suspended.
Pro-smoking organizations and stakeholders for businesses have opposed the measures.
Tina Yamaki, president of the Retail Merchants of Hawaiʻi, said in testimony that repealing the state law could lead to double taxation of businesses, which she said are already “over-regulated.”
In testimony opposing the bill, she said that “measures like this will also be very confusing to our kamaʻaina and visitors who are visiting the various islands. They can do one thing on this island but not on another island and the visitor may be unaware it’s a violation on that island, and it may lead to an arrest or fine.”
Another bill to end the sale of menthol and other flavored tobacco products across the state has also garnered mixed reactions from the public.
Both measures will be heard on Wednesday.
