HawaiiHawaii would require directory listings before vaping products can be sold
Manufacturers would certify covered products each year, and sellers could offer them in Hawaii only after they appear on a public state directory.
What it does
Manufacturers would certify each electronic smoking device and e-liquid sold in Hawaii every year, listing its brand, type, and flavor and paying $1,000 per product.
Starting in 2027, covered products would need to appear on the state's public directory to be sold for retail sale or to consumers in Hawaii.
The Attorney General's department could inspect sellers' records and premises and investigate suspected sales of products that violate these rules.
Sellers could face rising fines for each unlisted product they offer, while manufacturers could face $10,000 per product and misdemeanor charges for false certification statements.
Argument forA public directory could help sellers and shoppers check which products have the required federal authorization and an approved state listing.
Argument againstSellers could face escalating fines for each unlisted product, while manufacturers could face $10,000 per product and misdemeanor charges for false statements.
More detail
Manufacturers would file an annual certification with the Hawaii Department of the Attorney General for each covered product. The requirement covers every manufacturer of an electronic smoking device or e-liquid sold in Hawaii, directly or through an intermediary. The certification must state that the product has a federal marketing granted order and that the manufacturer follows listed state and federal laws. Each filing must list the product's brand, name, category, and flavor, include a copy of its federal order, and include a $1,000 payment per product. Manufacturers must notify the department within 30 days of a material change to the certification. The first certification is due by October 1, 2026, with annual filings after that.
The department would publish and maintain a directory of manufacturers and approved products; unlisted products could not be sold for retail sale or to consumers in Hawaii. The directory would cover manufacturers and products, including each product's brand name, product name, category, and flavor. The directory would list products with certifications submitted and approved by the department. After publication, unlisted products intended for retail sale or consumers could be seized, forfeited, and destroyed or disposed of; the person whose products are taken would pay those costs. An unregistered nonresident or foreign manufacturer must keep a United States agent available to receive legal papers to have its products listed or kept on the directory. The directory is due January 1, 2027, or when it becomes available online, whichever is later; the sales restriction begins at that same point.
The department could inspect records and sales locations, investigate suspected violations, and seize products or other property found in violation. These powers apply to businesses involved in selling electronic smoking devices or e-liquids. The department could inspect business operations, premises, storage areas, and vending machines during regular business hours. It could investigate or search a vehicle or premises when it has reasonable cause to believe products are being handled or sold in violation of the section.
Sellers could face civil penalties for offering unlisted products; manufacturers could face civil penalties for causing those sales and misdemeanor charges for false statements. Seller penalties apply to dealers, distributors, importers, retailers, and wholesalers; manufacturer penalties apply when a manufacturer causes an unlisted product to be sold. A seller's first violation carries a $500 penalty per product; later violations within 12 months carry higher penalties, rising to $1,500 to $2,000 per product for a fourth violation. A manufacturer that causes an unlisted product to be sold could face a $10,000 penalty per product. False information required on a certification form is a misdemeanor. Higher seller penalties apply to repeat violations within a 12-month period.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jul 7Act 190, 07/07/2026 (Gov. Msg. No. 1292).Latest
- Jul 7Act 190, on 07/07/2026 (Gov. Msg. No. 1292).Became Law
- Apr 24Received notice of passage on Final Reading in House (Hse. Com. No. 823).Minor
- Apr 23Received notice of House reconsideration of action in disagreeing to the amendments proposed by the Senate (Hse. Com. No. 815).Minor
- Vote recorded Passed Final Reading as amended in SD 1. Result: pass.Lower
- Apr 23Received notice of Senate conferees (Sen. Com. No. 725).Minor
- Apr 23House agrees to Senate amendment(s).
- Apr 23Passed Final Reading as amended in SD 1 with none voting aye with reservations; none voting no (0) and Representative(s) Evslin excused (1).Major
- Apr 23Transmitted to Governor.
- Apr 22Reconsideration of action taken on 04-16-26.
- Apr 22Senate Conferees Appointed: San Buenaventura Chair; Keohokalole, Rhoads, Kanuha Co-Chairs.
- Apr 17Received notice of disagreement (Hse. Com. No. 780).Minor
- Apr 16House disagrees with Senate amendment (s).Minor
- Apr 14Report adopted; Passed Third Reading. Ayes, 25; Aye(s) with reservations: none . Noes, 0 (none). Excused, 0 (none). Transmitted to House.Passed Senate
- Vote recorded Reconsider: Report adopted; Passed Third Reading. Result: pass.Upper
- Apr 14Returned from Senate (Sen. Com. No. 586) in amended form (SD 1).
- Apr 10Reported from JDC/WAM (Stand. Com. Rep. No. 3781) with recommendation of passage on Third Reading.
- Apr 10One Day Notice 04-14-26.
- Apr 8The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. The votes in WAM were as follows: 13 Aye(s): Senator(s) Dela Cruz, Moriwaki, DeCoite, Elefante, Hashimoto, Inouye, Kanuha, Kidani, Kim, Lee, C., Richards, Wakai, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
- Vote recorded The committee(s) on WAM recommend(s) that the measure be PASSED, UNAMENDED. Result: pass.Upper
- Vote recorded The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. Result: pass.Upper
- Apr 8The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 5 Aye(s): Senator(s) Rhoads, Gabbard, Chang, San Buenaventura, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
- Apr 6The committee(s) on JDC/WAM will hold a public decision making on 04-08-26 10:15AM; Conference Room 211 & Videoconference.
- Mar 30Reported from HHS/CPN (Stand. Com. Rep. No. 3236) with recommendation of passage on Second Reading, as amended (SD 1) and referral to JDC/WAM.
- Mar 30Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM.Minor
- Mar 24The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in CPN were as follows: 5 Aye(s): Senator(s) Keohokalole, Fukunaga, Lamosao, McKelvey, Awa; Aye(s) with reservations: none ; 0 No(es): none; and 0 Excused: none.Minor
- Vote recorded The committee(s) on CPN recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Mar 20The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. The votes in HHS were as follows: 4 Aye(s): Senator(s) San Buenaventura, Kanuha, Keohokalole, Fevella; Aye(s) with reservations: none ; 0 No(es): none; and 1 Excused: Senator(s) McKelvey.Minor
- Vote recorded The committee(s) on HHS recommend(s) that the measure be PASSED, WITH AMENDMENTS. Result: pass.Upper
- Mar 20The committee(s) on CPN deferred the measure until 03-24-26 9:30AM; Conference Room 229 & Videoconference.Minor
- Mar 16The committee(s) on HHS/CPN has scheduled a public hearing on 03-20-26 9:30AM; Conference Room 229 & Videoconference.
- Mar 12Received from House (Hse. Com. No. 245).Minor
- Mar 12Passed First Reading.Minor
- Mar 12Referred to HHS/CPN, JDC/WAM.Minor
- Mar 10Passed Third Reading as amended in HD 3 with none voting aye with reservations; none voting no (0) and Representative(s) Kong, Pierick excused (2). Transmitted to Senate.Passed House
- Vote recorded Reconsider: Passed Third Reading as amended in HD 3. Result: pass.Lower
- Mar 6Reported from JHA (Stand. Com. Rep. No. 1148-26) as amended in HD 3, recommending passage on Third Reading.
- Mar 6Forty-eight (48) hours notice Tuesday, 03-10-26.
- Feb 25The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Tarnas, Poepoe, Cochran, Hashem, Kahaloa, Sayama, Takayama, Garcia, Shimizu; Ayes with reservations: none; 0 Noes: none; and 1 Excused: Representative(s) Belatti.Minor
- Vote recorded The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Feb 23Bill scheduled to be heard by JHA on Wednesday, 02-25-26 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
- Feb 20Reported from CPC (Stand. Com. Rep. No. 686-26) as amended in HD 2, recommending referral to JHA.
- Vote recorded Report adopted; referred to the committee(s) on JHA as amended in HD 2. Result: pass.Lower
- Feb 20Report adopted; referred to the committee(s) on JHA as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Quinlan excused (1).Minor
- Feb 12The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Matayoshi, Grandinetti, Chun, Ilagan, Ichiyama, Kong, Lowen, Marten, Pierick; Ayes with reservations: Representative(s) Iwamoto; Noes: none; and 1 Excused: Representative(s) Tam.Minor
- Vote recorded The committee on CPC recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Feb 10Bill scheduled to be heard by CPC on Thursday, 02-12-26 2:00PM in House conference room 329 VIA VIDEOCONFERENCE.
- Feb 6Reported from HLT (Stand. Com. Rep. No. 45-26) as amended in HD 1, recommending passage on Second Reading and referral to CPC.
- Vote recorded Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC. Result: pass.Lower
- Feb 6Passed Second Reading as amended in HD 1 and referred to the committee(s) on CPC with none voting aye with reservations; none voting no (0) and none excused (0).Minor
- Feb 4The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) Takayama, Keohokapu-Lee Loy, Amato, Hartsfield, Marten, Olds, Takenouchi, Alcos, Garcia; Ayes with reservations: none; Noes: none; and Excused: none.Minor
- Vote recorded The committee on HLT recommend that the measure be PASSED, WITH AMENDMENTS. Result: pass.Lower
- Jan 30Bill scheduled to be heard by HLT on Wednesday, 02-04-26 9:00AM in House conference room 329 VIA VIDEOCONFERENCE.
- Jan 26Referred to HLT, CPC, JHA, referral sheet 1Minor
- Jan 21Introduced and Pass First Reading.Minor
- Jan 16Prefiled.Introduced
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