HB 2794 Summary

• Requires electronic smoking device and e-liquid manufacturers to submit annual certifications to the Department of Taxation by August 1, 2024, and annually thereafter, confirming products have FDA marketing authorization or meet specified pre-August 2016 market conditions.

• Manufacturers must pay $500 per product on initial certification and $250 annually thereafter, and submit copies of FDA authorization or evidence of pending premarket tobacco product applications.

• Department of Taxation shall maintain and publicly post a directory of certified manufacturers and products; only products listed in the directory may be sold in Hawaii beginning October 1, 2024.

• Retailers selling unlisted products face civil penalties of $250 per day with escalating permit suspension requirements (14 days for second violation, 60 days for third, one year for fourth or subsequent violations within 24 months); manufacturers face $500 per day penalties.

• Products removed from the directory become contraband after 30 days; department shall conduct at least two unannounced compliance checks annually on retailers and wholesalers, with follow-up inspections within 30 days of violations.