NY State Senate Bill 2015-S4403A

Senate Bill S4403A

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to environmental conservation
Jun 25, 2015	committed to rules
Apr 27, 2015	amended on third reading 4403a
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

- Mar 24, 2015 - Environmental Conservation Committee Vote
  S4403A
  
  4
  
  Aye
  
  6
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Mar 24, 2015
      
      aye (4)
      
      Little
      
      O'Mara
      
      Ortt
      
      Young
      
      nay (6)
      
      Addabbo Jr.
      
      Avella
      
      Espaillat
      
      Hoylman-Sigal
      
      Latimer
      
      Serrano
      
      aye wr (3)
      
      Funke
      
      LaValle
      
      Marcellino

Bill Amendments

Original

A (Active)

2015-S4403 - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 9 §§37-0901 - 37-0905, En Con L

2015-S4403 - Summary

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.

2015-S4403 - Sponsor 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.

2015-S4403 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4403

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09340-01-5

S. 4403                             2

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.

2015-S4403A (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 37 Title 9 §§37-0901 - 37-0905, En Con L

2015-S4403A (ACTIVE) - Summary

2015-S4403A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4403A

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
micro-beads.

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 amends section 71-3703 of the environmental conservation law
to establish penalties for violations.

Section 3 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.

2015-S4403A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4403--A
    Cal. No. 290

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             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:

  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD09340-03-5

S. 4403--A                          2

  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  SOLID  PLASTIC PARTICLE MEASURED FIVE MILLIMETERS OR LESS IN SIZE
AND USED TO EXFOLIATE OR CLEANSE IN A RINSE-OFF  PRODUCT  AND  DOES  NOT
BREAK  DOWN  COMPLETELY, IN THE ENVIRONMENT THAT THE SUBSTANCE IS LIKELY
TO ENCOUNTER, WITHIN THE CONTEXT OF THE RELEVANT INTERNATIONAL STANDARDS
FOR DEGRADATION THROUGH A PHYSICAL, CHEMICAL OR  BIOLOGICAL  PROCESS  OF
DECOMPOSITION.
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. Section 71-3703 of the environmental conservation law is amended
by adding a new subdivision 4 to read as follows:
  4. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO  FAILS  TO
PERFORM  ANY DUTY IMPOSED BY SECTION 37-0903 OF THIS CHAPTER OR ANY RULE
OR REGULATION PROMULGATED PURSUANT HERETO, SHALL BE LIABLE FOR  A  CIVIL
PENALTY  NOT  TO  EXCEED  FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH
SUCH VIOLATION CONTINUES, AND IN ADDITION THERETO, SUCH  PERSON  MAY  BE
ENJOINED  FROM CONTINUING SUCH VIOLATION. SUCH PERSON SHALL FOR A SECOND
AND EACH SUBSEQUENT VIOLATION BE LIABLE TO THE PEOPLE OF THE STATE FOR A
CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS  FOR  EACH  DAY  DURING
WHICH SUCH VIOLATION CONTINUES.
  S 3. This act shall take effect immediately.

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