IPCPR Legislative | Restrictions in Hawaii

Restrictions in Hawaii

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Smoking, Age and Sampling Restrictions in Hawaii

Hawaii law prohibits smoking: in all enclosed or partially enclosed areas, including buildings and vehicles owned, leased, or operated by the State or any county; in all enclosed or partially enclosed areas open to the public, including airports, public transportation facilities and vehicles such as buses and taxicabs, ticket, boarding, and waiting areas of public transit depots, aquariums, galleries, libraries, museums, restrooms, lobbies, reception areas, hallways, other common areas of businesses open to the public, bars, bowling alleys, convention facilities, educational facilities, elevators, entertainment facilities, health care facilities, hotel and motel lobbies, lanais, laundromats, meeting rooms, and banquet facilities, licensed child care and adult care facilities, common areas of multi-unit residential buildings, nightclubs, polling places, restaurants, retail stores, rooms, chamber, places of meeting or public assembly, service lines, and shopping malls; in all enclosed or partially enclosed areas of places of employment, including auditoriums, cafeterias, classrooms, clubs, common work areas, conference rooms, elevators, employee lounges, hallways, medical facilities, meeting rooms, private offices, restrooms, and stairs; in sports arenas, outdoor arenas, stadiums, and amphitheaters; and within a presumptively reasonable minimum distance of 20 feet from entrances, exits, windows that open, and ventilation intakes that serve enclosed or partially enclosed areas where smoking is prohibited.

 

Haw. Rev. Stat. § 328J-1: Definitions
Haw. Rev. Stat. § 328J-2: Prohibition in facilities owned by the State or the counties
Haw. Rev. Stat. § 328J-3: Prohibition in enclosed or partially enclosed places open to the public
Haw. Rev. Stat. § 328J-4: Prohibition in enclosed or partially enclosed places of employment
Haw. Rev. Stat. § 328J-5: Prohibition in sports arenas, outdoor arenas, stadiums, and amphitheaters
Haw. Rev. Stat. § 328J-6: Presumptively reasonable distance

 

Clearly legible signs that include the words “Smoking Prohibited by Law” with letters of not less than one inch in height or the international “No Smoking” symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it, shall be clearly and conspicuously posted in and at the entrance to every place open to the public and place of employment where smoking is prohibited.

 

Haw. Rev. Stat. § 328J-9: Signs

 

State law does not supersede or in any manner affect a county smoking ordinance, provided that the ordinance is at least as protective of the rights of nonsmokers. State law does not prohibit a county from enacting more stringent ordinances.

 

Haw. Rev. Stat. § 328J-15: County ordinances

 

Exemptions

 

The following are exempt from the ban on smoking, subject to conditions:

  • Private residences, except when used as a licensed child care, adult day care, or health care facility
  • Designated hotel and motel guest rooms
  • Retail tobacco stores, provided that smoke from these places does not infiltrate into areas where smoking is prohibited
    • A “retail tobacco store” is a retail store used primarily for the sale of tobacco products and accessories.
  • Private and semiprivate rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom are smokers and have requested in writing to be placed in a room where smoking is permitted; provided that smoke from these places shall not infiltrate into areas where smoking is prohibited
  • Outdoor areas of places of employment, except where smoking has been specifically prohibited
  • Smoking that is part of a production being filmed
  • State correctional facilities, provided that smoking is only authorized for employees and volunteers of a correctional facility in an area outside the secure confines of a correctional facility restricted from access by inmates or detainees and designated by the warden of a correctional facility

 

Haw. Rev. Stat. § 328J-7: Exceptions
Haw. Rev. Stat. § 328J-1: Definitions

 

Hawaii state law does not contain a specific procedure for retail tobacco bars to qualify for an exemption from the smoking ban. Hawaii state law also does not contain an exemption from the smoking ban for bars or restaurants. These businesses therefore may not allow both smoking and drinking in their establishments.

Individuals under 18 years of age cannot purchase any tobacco product. Similarly, it is illegal to sell or furnish tobacco in any shape or form, including chewing tobacco and snuff, or an electronic smoking device to a minor under 18 years of age.

 

Haw. Rev. Stat. § 709-908(1, 3): Tobacco and electronic smoking devices prohibited; minors

 

Effective January 2016

 

Individuals under 21 years of age cannot purchase any tobacco product. Similarly, it is illegal to sell or furnish tobacco in any shape or form, including chewing tobacco and snuff, or an electronic smoking device to a minor under 21 years of age.

 

Haw. Rev. Stat. § 709-908(1, 3): Tobacco and electronic smoking devices prohibited; minors

 

Department of Labor and Industrial Relations staff reported that the Hawaii statutes contain no provisions that specify the minimum age to work in tobacco retail stores and that the minimum age to work is 14.

 

Signs using the statement, “The sale of tobacco products or electronic smoking devices to persons under 18 is prohibited,” must be posted on or near any vending machine in letters at least one-half inch high and at or near the point of sale of any other location where tobacco products or electronic smoking devices are sold in letters at least 1/2 inch high.

 

Haw. Rev. Stat. § 709-908(2): Tobacco and electronic smoking devices prohibited; minors

 

Effective January 1, 2016

 

Signs using the statement, “The sale of tobacco products or electronic smoking devices to persons under 21 is prohibited,” must be posted on or near any vending machine in letters at least one-half inch high and at or near the point of sale of any other location where tobacco products or electronic smoking devices are sold in letters at least 1/2 inch high.

 

Haw. Rev. Stat. § 709-908(2): Tobacco and electronic smoking devices prohibited; minors

 

Hawaii law contains no specific provisions concerning state preemption of local youth access laws, so local communities may pass more stringent laws or ordinances in this area.

Federal regulations prohibit free samples of cigarettes and limit free samples of smokeless tobacco products to certain age-restricted venues under several conditions.

 

Regulations Restricting the Sale, Distribution, and Marketing of Cigarettes, Cigarette Tobacco, and Smokeless Tobacco: Consumer Fact Sheet
http://www.fda.gov/downloads/TobaccoProducts/PublicHealthEducation/ProtectingKidsfromTobacco/RegsRestrictingSale/UCM265540.pdf

 

In Hawaii, it is illegal for any person to distribute samples of tobacco products, or coupons redeemable for tobacco products, in or on any public street, sidewalk, or park, or within 1,000 feet of any elementary, middle, or intermediate, or high school. It is also illegal for any person to distribute tobacco promotional materials, or coupons redeemable for tobacco promotional materials, within 1,000 feet of any elementary, middle, or intermediate, or high school. These prohibitions do not apply:

  • Within private commercial establishments, such as stores and restaurants, where tobacco products are sold, as long as distribution is not visible to the public from outside the establishment, or
  • To commercial establishments where access to the premises by persons under 18 years of age is prohibited by law

 

“Distribute” means to pass out to members of the general public free of charge for the exclusive purpose of promoting a product.

 

Haw. Rev. Stat. § 328J-17: Distribution of sample cigarette or tobacco products, cigarette or tobacco promotional materials, and coupons redeemable for cigarette or tobacco products or promotional materials

 

Department of Taxation staff reported that distribution of tobacco samples is subject to tax and licensing requirements.

 

Hawaii law contains no specific provision concerning state preemption of sampling, so local communities may pass more stringent laws or ordinances on tobacco sampling.

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