Update to Hawaii’s clean indoor law – E-cigarettes
Electronic smoking devices (ESDs) will be prohibited wherever smoking is prohibited by state law (Chapter 328J, HRS).
Electronic smoking devices produce an aerosol of undetermined and potentially harmful substances. In recent years, ESDs have grown in popularity among youth and young adults both nationally and in Hawaii. Between the years of 2011 and 2013 experimentation with electronic smoking devices (ESDs) or e-cigarettes tripled among high school students and quadrupled among middle school students. Nicotine exposure to young developing brains is dangerous according to the Centers for Disease Control and Prevention (CDC). Manufacturing of the products is currently unregulated, leaving the safety of the products’ contents in question.
Not only does this new law protect people from the dangers of secondhand smoke, it also protects individuals from exposure to harmful chemicals found in aerosols emitted from ESDs. Eliminating the act of smoking or using e-cigarettes in public places also dissociates unhealthy behaviors from places where people gather. This is an important way to discourage youth from starting and also help people who want to quit smoking.
New definition of tobacco, electronic smoking device and smoke/smoking
“Electronic smoking device” means any product that can be used to aerosolize and deliver nicotine or other substances to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic cigarillo, or electronic pipe, and any cartridge or other component of the device or related product.
“Smoke” or “smoking” means inhaling, exhaling, burning, or carrying any lighted or heated tobacco product or plant product intended for inhalation in any manner or in any form. “Smoking” includes the use of an electronic smoking device.
What is the new update to the smoke-free law?
Where is smoking prohibited by this law?
- Enclosed or partially enclosed public places and places of employment. This includes buses and taxicabs, sports arenas, outdoor arenas, stadiums, and amphitheaters
- Facilities owned by the state or the counties.
- Hawaii airports from cabin to curb
- Enclosed or partially enclosed common areas of any apartment or condominium (including but not limited to lobbies, elevators, hallways, etc.)
- 20 feet from any entrances, exits or operable windows or ventilation intakes to partially enclosed or enclosed public places or places of employment.
What do we need to do to comply with this new law?
- Post a sign at each entrance with “Smoking Prohibited by Law” with words at least one-inch high and legible [symbol] 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. The Department of Health highly recommends adding the words: “including e-cigarettes and all other electronic smoking devices” and the “No Smoking” symbol including a pictorial representation of an e-cigarette as illustrated here:
- The Sign must be legible, prominently posted, and properly maintained.
- You must not allow customers or workers to smoke or use ESDs in your establishment or within 20 feet of your entrances, exits, and ventilation intake
If I am a restaurant, bar or business owner, can I establish my entire property as smoke-free (including ESDs)?
How do I deal with people who want to smoke or use e-cigarettes?
What do I do about a customer who refuses to comply?
What are the fines for this law?
Where can I get information about the new law?
Visit the Hawaii State Capitol website and search for “HRS 328J”
How can I file a complaint?
Are there any resources available to help businesses educate their employees or inform customers about the new law? Where can businesses go if they have questions or need assistance?
How can I support my employees and patrons if they want to quit smoking?
You may include the following in any Email blasts or newsletters to employees or patrons:
See the Hawaii State Department of Health’s website for more information and to order free decals or temporary signage
Listed below are media you may copy or download:
To order decals and temporary signage
You may cut and paste the following template into the body of an email and fill in the needed information:
- Contact name:
- Phone number:
- Mailing address:
- Walk-in address:
- Quantity of decals:
- A. Quantity (cling only)
- B. Quantity (cling)
- B. Quantity (sticker)
- C. Quantity (cling)
- C. Quantity (sticker)
- Quantity of temporary signs (6″ x 8″ cardstock)
- Temp sign quantity
|A. 2.5″x 8″ window cling only||B. B) 4” X 11” cling or sticker|
|C. 5″ window cling or sticker||Temporary card stock, 6″ x 8″|
Tobacco Prevention & Education Program – 1250 Punchbowl St. Rm 217- Honolulu, HI 96813
Phone: (808) 586-4613 / Fax: (808) 586-8252