The New York State Senate

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

                                  5896

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 5, 2015
                               ___________

Introduced  by  M.  of  A. SCHIMEL, ENGLEBRIGHT, COLTON, JAFFEE, TITONE,
  CRESPO, GOTTFRIED, DINOWITZ, ROSENTHAL, ROBERTS, MILLER -- Multi-Spon-
  sored by -- M. of A. COOK, SOLAGES,  THIELE  --  (at  request  of  the
  Department of Law) -- read once and referred to the Committee on Envi-
  ronmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting the distribution and sale of  personal  cosmetic  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.
                                                           LBD09275-02-5

A. 5896                             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.