This bill has been amended

Bill S4403-2015

Relates to prohibiting the manufacture and sale of personal care products and over-the-counter drugs containing synthetic plastic microbeads

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.

Details

Actions

  • Mar 26, 2015: ADVANCED TO THIRD READING
  • Mar 25, 2015: 2ND REPORT CAL.
  • Mar 24, 2015: 1ST REPORT CAL.290
  • Mar 18, 2015: REFERRED TO ENVIRONMENTAL CONSERVATION

Votes

VOTE: COMMITTEE VOTE: - Environmental Conservation - Mar 24, 2015
Ayes (4): O'Mara, Little, Ortt, Young
Ayes W/R (3): Funke, LaValle, Marcellino
Nays (6): Avella, Hoylman, Addabbo, Espaillat, Latimer, Serrano

Memo

BILL NUMBER:S4403

TITLE OF BILL: 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

PURPOSE:

The bill will prohibit the manufacture and sale of personal care products and over-the-counter drugs containing synthetic plastic microbeads.

SUMMARY OF PROVISIONS:

Section 1 amends Article 37 of the environmental conservation law by adding a new title 9 to read as follows "SYNTHETIC PLASTIC BEADS" which:

1. Defines the term "over-the-counter drug", "personal care product", "plastic", and "synthetic plastic microbead".

2. Sets the date upon which the manufacture for sale of a personal care product, except for over-the-counter drugs, which contain synthetic plastic microbeads is prohibited.

3. Sets the date upon which the acceptance of sale of a personal care product, except for over-the-counter drugs, which contain synthetic plastic microbeads is prohibited.

4. Sets the date upon which the manufacture for sale of over-the-counter drugs that contain synthetic plastic microbeads is prohibited.

5. Sets the date upon which the acceptance of sale of an over-the-counter drugs that contain synthetic plastic microbeads is prohibited.

6. This bill shall preempt any ordinance or resolution of a municipality, county or any other local government, relating to synthetic plastic microbeads.

Section 2 sets forth the effective date.

JUSTIFICATION:

This bill takes much needed steps to reduce plastic pollution in waters across New York State. Microbeads are commonly found in many different products including but not limited to facial scrubs, soaps, shampoos and toothpastes. Quite often these microbeads are made of plastics. Unfortunately due to the chemical composition of plastics used these microbeads tend to absorb various toxins.

One would expect that these microbeads to be filtered out in sewage treatment plants but because of their small size and buoyancy they escape treatment by sewage plants and eventually are discharged into our rivers, lakes and oceans.

Microbeads are often mistaken for food by small fish and wildlife. Due to biomagnification the level of toxins existent in an organism increases as we move higher in trophic levels, essentially up the food chain. Not only do these microbeads pose a potential threat to our bodies of water, but because of biomagnifications, higher levels of toxins are accumulating in fish and wildlife. which additionally poses harm to humans that may consume these animals.

It makes sense for New York to take action and prevent the continued use of microbeads in order to protect our aquatic environments, wildlife and public health.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4403 2015-2016 Regular Sessions IN SENATE 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 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: Section 1. Article 37 of the environmental conservation law is amended by adding a new title 9 to read as follows: TITLE 9 SYNTHETIC PLASTIC MICROBEADS SECTION 37-0901. DEFINITIONS. 37-0903. PERSONAL CARE PRODUCTS AND OVER THE COUNTER DRUGS CONTAINING SYNTHETIC PLASTIC MICROBEADS. 37-0905. PREEMPTION. S 37-0901. DEFINITIONS. 1. THE TERM "OVER-THE-COUNTER DRUG" SHALL MEAN A DRUG THAT IS A PERSONAL CARE PRODUCT THAT CONTAINS A LABEL THAT IDENTIFIES THE PRODUCT AS A DRUG AS REQUIRED BY 21 CFR 201.66. AN "OVER-THE-COUNTER DRUG" LABEL INCLUDES: (A) A DRUG FACTS PANEL, OR (B) A STATEMENT OF THE ACTIVE INGREDIENTS WITH A LIST OF THOSE INGREDIENTS CONTAINED IN THE COMPOUND, SUBSTANCE, OR PREPARATION. 2. THE TERM "PERSONAL CARE PRODUCT" SHALL MEAN ANY ARTICLE INTENDED TO BE RUBBED, POURED, SPRINKLED, OR SPRAYED ON, INTRODUCED INTO, OR OTHER- WISE APPLIED TO THE HUMAN BODY OR ANY PART THEREOF FOR CLEANSING, BEAU- TIFYING, PROMOTING ATTRACTIVENESS, OR ALTERING THE APPEARANCE, AND ANY ARTICLE INTENDED FOR USE AS A COMPONENT OF ANY SUCH ARTICLE. THE TERM "PERSONAL CARE PRODUCT" SHALL NOT INCLUDE PRESCRIPTION DRUGS. 3. THE TERM "PLASTIC" SHALL MEAN A SYNTHETIC MATERIAL MADE FROM LINK- ING MONOMERS THROUGH A CHEMICAL REACTION TO CREATE AN ORGANIC POLYMER CHAIN THAT CAN BE MOLDED OR EXTRUDED AT HIGH HEAT INTO VARIOUS SOLID
FORMS RETAINING THEIR DEFINED SHAPES DURING LIFE CYCLE AND AFTER DISPOSAL. 4. THE TERM "SYNTHETIC PLASTIC MICROBEAD" SHALL MEAN ANY INTENTIONALLY ADDED NON-BIODEGRADABLE SOLID PLASTIC PARTICLE MEASURED LESS THAN FIVE MILLIMETERS IN SIZE AND IS USED TO EXFOLIATE OR CLEANSE IN A RINSE-OFF PRODUCT. S 37-0903. PERSONAL CARE PRODUCTS AND OVER-THE-COUNTER DRUGS CONTAINING SYNTHETIC PLASTIC MICROBEADS. 1. BEGINNING DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN, NO PERSON SHALL MANUFACTURE FOR SALE A PERSONAL CARE PRODUCT, EXCEPT FOR AN OVER- THE-COUNTER DRUG, THAT CONTAINS SYNTHETIC PLASTIC MICROBEADS. 2. BEGINNING DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN, NO PERSON SHALL ACCEPT FOR SALE A PERSONAL CARE PRODUCT, EXCEPT FOR AN OVER-THE-COUNTER DRUG, THAT CONTAINS SYNTHETIC PLASTIC MICROBEADS. 3. BEGINNING DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN, NO PERSON SHALL MANUFACTURE FOR SALE AN OVER-THE-COUNTER DRUG THAT CONTAINS SYNTHETIC PLASTIC MICROBEADS. 4. BEGINNING DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN, NO PERSON SHALL ACCEPT FOR SALE AN OVER-THE-COUNTER DRUG THAT CONTAINS SYNTHETIC PLASTIC MICROBEADS. S 37-0905. PREEMPTION. THE PROVISIONS OF THIS TITLE SHALL PREEMPT ANY ORDINANCE OR RESOLUTION OF A MUNICIPALITY, COUNTY OR ANY OTHER LOCAL GOVERNMENT ENTITY RELATING TO SYNTHETIC PLASTIC MICROBEADS. S 2. This act shall take effect immediately.

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