Relates to prohibiting the manufacture and sale of personal care products and over-the-counter drugs containing synthetic plastic microbeads; civil penalty $500 for each day, second and subsequent violation liable for $1,000 each day.
STATE OF NEW YORK
Cal. No. 290
2015-2016 Regular Sessions
March 18, 2015
Introduced by Sen. O'MARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
-- reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
AN ACT to amend the environmental conservation law, in relation to
prohibiting the manufacture and sale of personal care products and
over-the-counter drugs containing synthetic plastic microbeads
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Article 37 of the environmental conservation law is amended
2 by adding a new title 9 to read as follows:
3 TITLE 9
4 SYNTHETIC PLASTIC MICROBEADS
5 Section 37-0901. Definitions.
6 37-0903. Personal care products and over-the-counter drugs
7 containing synthetic plastic microbeads.
8 37-0905. Preemption.
9 § 37-0901. Definitions.
10 1. The term "over-the-counter drug" shall mean a drug that is a
11 personal care product that contains a label that identifies the product
12 as a drug as required by 21 CFR 201.66. An "over-the-counter drug" label
13 includes: (a) a drug facts panel, or (b) a statement of the active
14 ingredients with a list of those ingredients contained in the compound,
15 substance, or preparation.
16 2. The term "personal care product" shall mean any article intended to
17 be rubbed, poured, sprinkled, or sprayed on, introduced into, or other-
18 wise applied to the human body or any part thereof for cleansing, beau-
19 tifying, promoting attractiveness, or altering the appearance, and any
20 article intended for use as a component of any such article. The term
21 "personal care product" shall not include prescription drugs.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
S. 4403--A 2
1 3. The term "plastic" shall mean a synthetic material made from link-
2 ing monomers through a chemical reaction to create an organic polymer
3 chain that can be molded or extruded at high heat into various solid
4 forms retaining their defined shapes during life cycle and after
6 4. The term "synthetic plastic microbead" shall mean any intentionally
7 added solid plastic particle measured five millimeters or less in size
8 and used to exfoliate or cleanse in a rinse-off product and does not
9 break down completely, in the environment that the substance is likely
10 to encounter, within the context of the relevant International Standards
11 for degradation through a physical, chemical or biological process of
13 § 37-0903. Personal care products and over-the-counter drugs containing
14 synthetic plastic microbeads.
15 1. Beginning December thirty-first, two thousand seventeen, no person
16 shall manufacture for sale a personal care product, except for an over-
17 the-counter drug, that contains synthetic plastic microbeads.
18 2. Beginning December thirty-first, two thousand eighteen, no person
19 shall accept for sale a personal care product, except for an over-the-
20 counter drug, that contains synthetic plastic microbeads.
21 3. Beginning December thirty-first, two thousand eighteen, no person
22 shall manufacture for sale an over-the-counter drug that contains
23 synthetic plastic microbeads.
24 4. Beginning December thirty-first, two thousand nineteen, no person
25 shall accept for sale an over-the-counter drug that contains synthetic
26 plastic microbeads.
27 § 37-0905. Preemption.
28 The provisions of this title shall preempt any ordinance or resolution
29 of a municipality, county or any other local government entity relating
30 to synthetic plastic microbeads.
31 § 2. Section 71-3703 of the environmental conservation law is amended
32 by adding a new subdivision 4 to read as follows:
33 4. Any person who violates any of the provisions of, or who fails to
34 perform any duty imposed by section 37-0903 of this chapter or any rule
35 or regulation promulgated pursuant hereto, shall be liable for a civil
36 penalty not to exceed five hundred dollars for each day during which
37 such violation continues, and in addition thereto, such person may be
38 enjoined from continuing such violation. Such person shall for a second
39 and each subsequent violation be liable to the people of the state for a
40 civil penalty not to exceed one thousand dollars for each day during
41 which such violation continues.
42 § 3. This act shall take effect immediately.