§342D-21 Sale and distribution of sunscreen containing oxybenzone or octinoxate, or both; prohibition. (a) Beginning January 1, 2021, it shall be unlawful to sell, offer for sale, or distribute for sale in the State any sunscreen that contains oxybenzone or octinoxate, or both, without a prescription issued by a licensed healthcare provider.
(b) No county shall enact any ordinance or regulatory restriction to prohibit the sale, use, labeling, packaging, handling, distribution, or advertisement of sunscreens containing oxybenzone or octinoxate, or both, prior to January 1, 2021.
(c) For purposes of this section:
"Licensed healthcare provider" means a physician or osteopathic physician licensed pursuant to chapter 453, or an advanced practice registered nurse licensed pursuant to chapter 457.
"Octinoxate" refers to the chemical (RS)-2-Ethylhexyl (2E)-3-(4-methoxyphenyl)prop-2-enoate under the International Union of Pure and Applied Chemistry chemical nomenclature registry; that has a chemical abstract service registry number 5466-77-3; the synonyms of which include but are not limited to ethylhexyl methoxycinnamate, octyl methoxycinnamate, Eusolex 2292, Neo Heliopan AV, NSC 26466, Parsol MOX, Parsol MCX, and Uvinul MC80; and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in a sunscreen.
"Oxybenzone" refers to the chemical (2-Hydroxy-4-methoxyphenyl)-phenylmethanone under the International Union of Pure and Applied Chemistry chemical nomenclature registry; that has a chemical abstract service registry number 131-57-7; the synonyms of which include but are not limited to benzophenone-3, Escalol 567, Eusolex 4360, KAHSCREEN BZ-3, Uvasorb MET/C, Syntase 62, UV 9, Uvinul 9, Uvinul M-40, Uvistat 24, USAF Cy-9, Uniphenone-3U, 4-methoxy-2-hydroxybenzophenone and Milestab 9; and is intended to be used as protection against ultraviolet light radiation with a spectrum wavelength from 370 nanometers to 220 nanometers in a sunscreen.
"Prescription" means an order for medication, that is dispensed to or for an ultimate user. "Prescription" shall not include an order for medication that is dispensed for immediate administration to the ultimate user, such as a chart order to dispense a drug to a bed patient for immediate administration in a hospital. "Prescription" includes an order for a sunscreen.
"Sunscreen" means a product marketed or intended for topical use to prevent sunburn. Sunscreen does not include products marketed or intended for use as a cosmetic, as defined in section 328-1, for the face. [L 2018, c 104, §2]
Structure Hawaii Revised Statutes
342D-6 Permits; procedures for.
342D-8 Inspection of premises.
342D-10 Emergency powers; procedures.
342D-11 Injunctive and other relief.
342D-14 Public records; confidential information; penalties.
342D-15 Nonliability of department personnel.
342D-17 Enforcement by state and county authorities.
342D-18 Other powers of department not affected.
342D-19 Effect of laws, ordinances, and rules.
342D-21 Sale and distribution of sunscreen containing oxybenzone or octinoxate, or both; prohibition.
342D-31 Administrative penalties.
342D-36 Treatment of single operational upset.
342D-37 Responsible corporate officer as "person".
342D-38 Hazardous substance defined.
342D-39 Disposition of collected fines and penalties.
342D-50.5 Treated or raw sewage; prohibition.
342D-51 Affirmative duty to report discharges.
342D-52 Testing of water and aquatic and other life.
342D-54 Wastewater treatment works; financial assistance; grants.
342D-55 Recordkeeping and monitoring requirements.
342D-56 Complaints; hearings; appointment of masters.
342D-57 Public participation activities; appointment of hearings officers.
342D-58 Consultation and advice.
342D-59 Research, educational, and training programs.
342D-61 Household aerobic unit approval.
342D-70 Use of gray water for irrigation purposes.
342D-72 Cesspools; mandatory upgrade, conversion, or connection.
342D-81 Declaration of policy.
342D-83 Revolving fund; establishment, purposes, coordination.
342D-85 Revolving fund; deposits.
342D-86 Revolving fund; fees, interest, and investment on accounts.
342D-87 Revolving fund; conditions.
342D-88 Revenue bonds; authorization.
342D-89 Revenue bonds; payment and security.
342D-90 Revenue bonds; amount issued.
342D-91 Revenue bonds; investment of proceeds, and redemption.
342D-92 Trustee; designation; duties.
342D-102 Prohibited discharges; limitations on discharges.
342D-103 Prohibited air emissions.
342D-104 Information-gathering requirements.
342D-105 Recordkeeping requirements.
342D-106 Reporting requirements.
342D-107 Memorandum of understanding; recognition program.
342D-108 Exemption for vessels in innocent passage.
342D-109 Activities of the department.
342D-110 Fine schedules for illegal discharges.
342D-111 Alternative terms and conditions of vessel discharges.