senate Bill S7018A

Enacts the "Microbead-free waters Act" to prohibit the sale of personal cosmetic products containing microbeads

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Apr / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 15 / Jun / 2014
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 15 / Jun / 2014
    • PRINT NUMBER 7018A
  • 19 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES

Summary

Enacts the "Microbead-free waters act" to prohibit sale of personal cosmetic products containing microbeads.

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Bill Details

Versions:
S7018
S7018A
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Add Art 37 Title 9 §§37-0901 - 37-0911, amd §71-3703, En Con L

Sponsor Memo

BILL NUMBER:S7018A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to prohibiting the manufacture, distribution and sale of
personal cosmetic products containing microbeads

PURPOSE:

The bill would prohibit the sale of personal cosmetic products which
contain microbeads.

SUMMARY OF PROVISIONS:

Section one amends article 37 of the environmental conservation law by
adding a new title 9 which:

1. establishes the title of the Act as the "Microbead-free Waters
Act";

2. defines the terms "microbead" and "personal cosmetic product";

3. prohibits the sale of personal cosmetic products which contain
microbeads;

4. vests all matters pertaining to microbeads in personal cosmetic
products with the State; and

5. permits manufacturer's to apply and the department of environmental
conservation to grant an exemption for microbeads that safely
biodegrade in water;

6. authorizes the Department of Environmental Conservation to
promulgate rules and regulations to implement Title 9.

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

Section three contains the effective dates.

JUSTIFICATION:

New York State has spent a tremendous amount of money to revitalize
and redevelop its waterfronts. Recently, microbeads, a plastic product
often measured to be as small as a grain of sand, have been found in
high concentrations in the Great Lakes. The source of this pollution
appears to be the sinks, bathtubs and showers in our own homes.
Consumers using personal cosmetics that contain microbeads, like
shampoos, soaps and toothpastes, are washing away what most believe
are harmless consumer waste. Unfortunately, our wastewater treatment
plants are unable, absent costly upgrades, to filter out these tiny
plastics.

In response to this new source of pollution, some major corporations
have pledged to phase out the use of microbeads in their personal
cosmetic products. To this end, the Microbead-free Waters Act seeks to
ensure all other personal cosmetic companies follow suit by


prohibiting the manufacture, distribution, and sale of personal
cosmetic products that contain microbeads.

LEGISLATIVE HISTORY:

This is new legislation.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect December 31, 2016.

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

                                 7018--A

                            I N  S E N A T E

                             April 14, 2014
                               ___________

Introduced by Sens. GRISANTI, ADDABBO, AVELLA, BOYLE, BRESLIN, CARLUCCI,
  DIAZ,  DILAN,  ESPAILLAT, GIANARIS, GIPSON, HASSELL-THOMPSON, HOYLMAN,
  KENNEDY, KRUEGER, LARKIN, LATIMER, LAVALLE, MONTGOMERY, O'BRIEN, PARK-
  ER, PERALTA, PERKINS,  RITCHIE,  RIVERA,  ROBACH,  SERRANO,  SQUADRON,
  STAVISKY,  TKACZYK, VALESKY -- (at request of the Attorney General) --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on Environmental Conservation -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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:

  Section 1. Article 37 of the environmental conservation law is amended
by adding a new title 9 to read as follows:
                                 TITLE 9
                               MICROBEADS
SECTION 37-0901. SHORT TITLE.
        37-0903. DEFINITIONS.
        37-0905. PERSONAL COSMETIC PRODUCTS CONTAINING MICROBEADS.
        37-0907. PREEMPTION.
        37-0909. EXEMPTION.
        37-0911. RULES AND REGULATIONS.
S 37-0901. SHORT TITLE.
  THIS  TITLE  SHALL  BE  KNOWN  AND MAY BE CITED AS THE "MICROBEAD-FREE
WATERS ACT."
S 37-0903. DEFINITIONS.
  1. THE TERM "MICROBEAD" SHALL MEAN  ANY  INTENTIONALLY  ADDED  PLASTIC
PARTICLE MEASURED TO BE FIVE MILLIMETERS OR LESS IN SIZE USED TO EXFOLI-
ATE OR CLEANSE IN A PERSONAL CARE PRODUCT.
  2.  THE  TERM  "PERSONAL  COSMETIC PRODUCT" SHALL MEAN ANY (A) ARTICLE
INTENDED TO BE RUBBED, POURED,  SPRINKLED,  OR  SPRAYED  ON,  INTRODUCED
INTO,  OR  OTHERWISE  APPLIED  TO THE HUMAN BODY OR ANY PART THEREOF FOR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13258-21-4

S. 7018--A                          2

CLEANSING,  BEAUTIFYING,  PROMOTING  ATTRACTIVENESS,  OR  ALTERING   THE
APPEARANCE,  INCLUDING  BUT  NOT  LIMITED TO SOAP, EXFOLIATES, SHAMPOOS,
TOOTHPASTES AND SCRUBS, AND (B) ARTICLE INTENDED FOR USE AS A  COMPONENT
OF  ANY  SUCH  ARTICLE.   THE TERM "PERSONAL COSMETIC PRODUCT" SHALL NOT
INCLUDE ANY PRODUCT FOR WHICH A PRESCRIPTION IS  REQUIRED  FOR  DISTRIB-
UTION  OR  DISPENSATION AS PROVIDED IN SECTION TWO HUNDRED EIGHTY-ONE OF
THE PUBLIC HEALTH LAW OR SECTION SIX THOUSAND EIGHT HUNDRED TEN  OF  THE
EDUCATION LAW.
S 37-0905. PERSONAL COSMETIC PRODUCTS CONTAINING MICROBEADS.
  NO  PERSON  SHALL SELL OR OFFER FOR SALE ANY PERSONAL COSMETIC PRODUCT
WHICH CONTAINS MICROBEADS AS DEFINED IN THIS TITLE.
S 37-0907. PREEMPTION.
  JURISDICTION IN ALL MATTERS PERTAINING TO MICROBEADS WHICH  ARE  REGU-
LATED  PURSUANT  TO  THE PROVISIONS OF THIS TITLE SHALL BE VESTED EXCLU-
SIVELY IN THE STATE.
S 37-0909. EXEMPTION.
  UPON APPLICATION BY A MANUFACTURER, IN A FORM TO BE DETERMINED BY  THE
DEPARTMENT,  THE DEPARTMENT MAY EXEMPT, FROM THE SALES PROHIBITION UNDER
THIS TITLE, ANY PERSONAL CARE  PRODUCT  THAT  CONTAINS  MICROBEADS  THAT
BIODEGRADE IN AN AQUATIC ENVIRONMENT IN A SAFE AND TIMELY MANNER.
S 37-0911. RULES AND REGULATIONS.
  THE  DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS
AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
  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 37-0905 OF THIS CHAPTER OR ANY  RULE
OR  REGULATION PROMULGATED PURSUANT THERETO, SHALL BE LIABLE FOR A CIVIL
PENALTY NOT TO EXCEED TWO THOUSAND 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 VIOLATION BE LIABLE TO THE PEOPLE OF THE STATE FOR A  CIVIL
PENALTY  NOT  TO  EXCEED FIVE THOUSAND DOLLARS FOR EACH DAY DURING WHICH
SUCH VIOLATION CONTINUES AND SUCH PERSON MAY BE ENJOINED FROM CONTINUING
SUCH VIOLATION.
  S 3. This act shall take effect December 31,  2016,  provided  however
that  section  37-0905 of the environmental conservation law as added by
section one of this act shall take effect on December 31, 2018.

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