The New York State Senate

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

                                 8744--A
                                                        Cal. No. 490

                          I N  A S S E M B L Y

                            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:

  Section  1.  Legislative  intent.    The legislature hereby finds that
microbeads, a synthetic alternative ingredient to such natural materials
as ground almonds,  oatmeal  and  pumice,  found  in  over  one  hundred
personal  cosmetic  products,  including  facial cleansers, shampoos and
toothpastes, pose a serious threat to New York's environment.
  Microbeads have been documented to collect harmful pollutants, already
present in the environment, and harm fish and  other  aquatic  organisms
that form the base of the aquatic food chain.  Recently, microbeads have
been  recorded in New York's water bodies, and in particular, the waters
of Lake Erie. Research has suggested that the majority of  these  micro-
beads  are  entering water bodies through disposal down household drains
following the use of such personal cosmetic products.
  Without significant and costly improvements to  the  majority  of  New
York's  sewage  treatment  facilities,  microbeads contained in personal
cosmetic products will continue to pollute New York's waters and  hinder
the ongoing efforts to restore the state's lakes and rivers, recreation-
al  and  commercial  fisheries  as  well  as recent substantial economic
investments in redeveloping New York's waterfronts.
  S 2. Article 37 of the environmental conservation law  is  amended  by
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.
                                                           LBD13258-14-4

A. 8744--A                          2

                                 TITLE 9
                               MICROBEADS
SECTION 37-0901. SHORT TITLE.
        37-0903. DEFINITIONS.
        37-0905. PERSONAL COSMETIC PRODUCTS CONTAINING MICROBEADS.
        37-0907. PREEMPTION.
        37-0909. 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 PLASTIC COMPONENT OF A PERSONAL
COSMETIC PRODUCT MEASURED TO BE FIVE MILLIMETERS OR LESS IN SIZE.
  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
CLEANSING,   BEAUTIFYING,  PROMOTING  ATTRACTIVENESS,  OR  ALTERING  THE
APPEARANCE, 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 DISTRIBUTION OR DISPEN-
SATION 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  INTENTIONALLY-ADDED  MICROBEADS;  PROVIDED,  HOWEVER, A
PERSONAL COSMETIC PRODUCT THAT IS ALSO REGULATED AS A DRUG BY THE UNITED
STATES FOOD AND DRUG ADMINISTRATION MAY BE  SOLD  OR  OFFERED  FOR  SALE
UNTIL JANUARY FIRST, TWO THOUSAND SEVENTEEN.
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. 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 3. 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 4. This act shall take effect January 1, 2016.