Maui County Council Passes Historic Non-Mineral Sunscreen Prohibition Bill


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Dr. Craig Downs, Executive Director of the Haereticus Environmental Laboratory, collects coral samples in Honoloa Bay, Maui. His groundbreaking research taught the world about sunscreen chemicals and their role in coral reef decline. File image courtesy of the Maui Nui Marine Resource Council.

Councilor Kelly King. PC: courtesy.

Maui County Council unanimously passed Law No. 135, prohibiting the sale, distribution, or use of non-mineral sunscreens. The bill was introduced by Maui County Councilor Kelly Takaya King, Chair of the Council’s Committee on Climate Change, Resilience and the Environment.

Bill 135 recognizes that a number of non-mineral sunscreens were recently shown to pose a threat to the health of coastal waters, coral reefs and other marine species.

Zinc oxide and titanium dioxide are known as “mineral sunscreens”. Non-mineral sunscreens include chemical sunscreens such as Octinoxate, octocrylene and oxybenzone. Of the sixteen active ingredients currently used as UV filters in sun protection products, only zinc oxide and titanium dioxide are generally recognized as safe and effective by the US Food and Drug Administration.

“Non-mineral sunscreens are an aggressive pollutant,” said Councilor King. “Our coral reefs are our first line of defense against erosion from sea level rise and in addition to threats from climate change and ocean warming, storm runoff, and development and seepage from sewage injection wells, chemical sunscreens are causing great damage to our reef systems and marine life . Bill 135 is an important step in protecting the health and resilience of our reef and marine life by removing a major environmental stressor. ”

After the bill has been signed, Bill 135 will come into force on October 1, 2022. Under the bill, the county Department of Environmental Management is responsible for administering the new bans. Selling, distributing, or using prohibited non-mineral sunscreens would be considered a violation of the Maui County Code and subject to penalties and enforcement procedures. The fines are paid into the district environment and sustainability fund.

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“Our reefs are priceless,” said King. “Coral reefs are essential to the livelihood of many Maui Counties, maintaining cultural practices, and protecting coastal areas. Our marine environment offers opportunities for relaxation, inspiration and scenic beauty for residents and visitors. We have to do what is necessary to maintain and protect it. ”

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Bill 135 was supported by researchers, environmental groups, local youth, the county administration, and the Department of Land and Natural Resources.

Jeff Bagshaw of the DLNR Division of Forestry and Wildlife became one of the earliest proponents of banning non-mineral sunscreens while working at the hihi Kīnaʻu Natural Area Reserve in South Maui. He testified before the county council in support of the Maui ban.

Surf spot “Dumps” in Mākena near ʻĀhihi KÄ«naÊ»u. Photo 04/29/15 by Wendy Osher.

“I am delighted that Maui is leading the way in deterring harmful chemicals from our oceans,” said Bagshaw. “We look forward to a time when 55-gallon barrels of chemicals that kill and damage coral reefs are no longer an issue. That’s the amount of sunscreen that experts say is washed into Maui’s coastal waters every day. ”

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His DLNR colleague Peter Landon, who manages the ʻĀhihi KÄ«naÊ»u nature reserve, was also an early supporter of the total ban on non-mineral sunscreens. “You can see the shine of the chemicals up in the water column with your own eyes,” he said. “Imagine the impact this stuff is having on the coral reef ecosystem. I and many others applaud the county council for this landmark move. ”

Dr. Craig Downs, a leading expert in the field whose pioneering research linked the use of non-mineral sunscreens to coral reef decline, recognized the historic nature of the bill.

“Maui’s Bill 135 is the first ordinance in the US to protect its natural resources from all potentially polluting petrochemical sunscreen ingredients and only allow mineral sunscreens,” said Downs. “This bold move should inspire governments around the world that wise conservation measures can help make tourism environmentally sustainable and profitable while ensuring the conservation of one of its most precious natural resources.”

Healthy reefs ʽĀhihi Kīnaʽu. File photo PC: Jim Petruzzi via The Nature Conservancy of Hawaiʽi.

“I commend and thank the Council and all supporters of this courageous action, which is in line with the Council’s recent resolution on the protection of biodiversity,” said Councilor King.

As the only resident of Maui to attend the United Nations global climate change conference earlier this month, King was authorized by District resolution 21-166 and a mayoral proclamation to sign the Edinburgh Declaration on the Post-2020 Global Biodiversity Framework on behalf of Maui County.

Bill 135 is now going to the mayor for signature.

The first non-chemical sunscreen dispenser in a Hawaii State Park was unveiled Friday in the Waialea Bay section of the Hāpuna State Recreation Area on the west coast of the island of Hawaii. It is a nod to the growing movement and legislation driving ocean users and beachgoers to only use mineral-based sunscreens – to protect delicate coral reef systems across the state. PC: DLNR (11/19/2021)

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