|SAME AS||No same as|
|COSPNSR||Schimel, Peoples-Stokes, Jaffee, Kavanagh, Otis, Englebright, Zebrowski, Rosenthal, Fahy, Lifton, Kearns, Nojay, Weprin, Colton, Lupardo, Jacobs, Clark, Ryan, Rozic, Cusick, Abinanti, Ortiz, Barrett, Titone, Hevesi, Paulin, Buchwald, Gottfried|
|MLTSPNSR||Crespo, Galef, Glick, Montesano, Mosley, O'Donnell, Perry, Stirpe|
|Add Art 37 Title 9 SS37-0901 - 37-0909, amd S71-3703, En Con L|
|Enacts the "Microbead-free waters act" to prohibit the sale of personal cosmetic products containing microbeads.|
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STATE OF NEW YORK ________________________________________________________________________ 8744--A Cal. No. 490 IN ASSEMBLY February 11, 2014 ___________ Introduced by M. of A. SWEENEY, SCHIMEL, PEOPLES-STOKES, JAFFEE, KAVANAGH, OTIS, ENGLEBRIGHT, ZEBROWSKI, ROSENTHAL, FAHY, LIFTON, KEARNS, NOJAY, WEPRIN, COLTON, LUPARDO, JACOBS, CLARK, RYAN -- Multi- Sponsored by -- M. of A. GALEF, GLICK, MONTESANO, PERRY, STIRPE -- (at request of the Department of Law) -- read once and referred to the Committee on Environmental Conservation -- reported and referred to the Committee on Codes -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the environmental conservation law, in relation to prohibiting the manufacture, distribution and sale of personal cosmet- ic products containing microbeads The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. The legislature hereby finds that 2 microbeads, a synthetic alternative ingredient to such natural materials 3 as ground almonds, oatmeal and pumice, found in over one hundred 4 personal cosmetic products, including facial cleansers, shampoos and 5 toothpastes, pose a serious threat to New York's environment. 6 Microbeads have been documented to collect harmful pollutants, already 7 present in the environment, and harm fish and other aquatic organisms 8 that form the base of the aquatic food chain. Recently, microbeads have 9 been recorded in New York's water bodies, and in particular, the waters 10 of Lake Erie. Research has suggested that the majority of these micro- 11 beads are entering water bodies through disposal down household drains 12 following the use of such personal cosmetic products. 13 Without significant and costly improvements to the majority of New 14 York's sewage treatment facilities, microbeads contained in personal 15 cosmetic products will continue to pollute New York's waters and hinder 16 the ongoing efforts to restore the state's lakes and rivers, recreation- 17 al and commercial fisheries as well as recent substantial economic 18 investments in redeveloping New York's waterfronts. 19 § 2. Article 37 of the environmental conservation law is amended by 20 adding a new title 9 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13258-14-4A. 8744--A 2 1 TITLE 9 2 MICROBEADS 3 Section 37-0901. Short title. 4 37-0903. Definitions. 5 37-0905. Personal cosmetic products containing microbeads. 6 37-0907. Preemption. 7 37-0909. Rules and regulations. 8 § 37-0901. Short title. 9 This title shall be known and may be cited as the "microbead-free 10 waters act." 11 § 37-0903. Definitions. 12 1. The term "microbead" shall mean any plastic component of a personal 13 cosmetic product measured to be five millimeters or less in size. 14 2. The term "personal cosmetic product" shall mean any (a) article 15 intended to be rubbed, poured, sprinkled, or sprayed on, introduced 16 into, or otherwise applied to the human body or any part thereof for 17 cleansing, beautifying, promoting attractiveness, or altering the 18 appearance, and (b) article intended for use as a component of any such 19 article. The term "personal cosmetic product" shall not include any 20 product for which a prescription is required for distribution or dispen- 21 sation as provided in section two hundred eighty-one of the public 22 health law or section six thousand eight hundred ten of the education 23 law. 24 § 37-0905. Personal cosmetic products containing microbeads. 25 No person shall sell or offer for sale any personal cosmetic product 26 which contains intentionally-added microbeads; provided, however, a 27 personal cosmetic product that is also regulated as a drug by the United 28 States Food and Drug Administration may be sold or offered for sale 29 until January first, two thousand seventeen. 30 § 37-0907. Preemption. 31 Jurisdiction in all matters pertaining to microbeads which are regu- 32 lated pursuant to the provisions of this title shall be vested exclu- 33 sively in the state. 34 § 37-0909. Rules and regulations. 35 The department is authorized to promulgate such rules and regulations 36 as it shall deem necessary to implement the provisions of this title. 37 § 3. Section 71-3703 of the environmental conservation law is amended 38 by adding a new subdivision 4 to read as follows: 39 4. Any person who violates any of the provisions of, or who fails to 40 perform any duty imposed by section 37-0905 of this chapter or any rule 41 or regulation promulgated pursuant thereto, shall be liable for a civil 42 penalty not to exceed two thousand five hundred dollars for each day 43 during which such violation continues, and in addition thereto, such 44 person may be enjoined from continuing such violation. Such person shall 45 for a second violation be liable to the people of the state for a civil 46 penalty not to exceed five thousand dollars for each day during which 47 such violation continues and such person may be enjoined from continuing 48 such violation. 49 § 4. This act shall take effect January 1, 2016.