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SB4403 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4403--A
            Cal. No. 290
 
                               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
          -- 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:
 
     1    Section 1. Article 37 of the environmental conservation law is amended
     2  by adding a new title 9 to read as follows:
     3                                   TITLE 9
     4                        SYNTHETIC PLASTIC MICROBEADS
     5  Section 37-0901. Definitions.
     6          37-0903. Personal  care  products  and  over-the-counter   drugs
     7                     containing synthetic plastic microbeads.
     8          37-0905. Preemption.
     9  § 37-0901. Definitions.
    10    1.  The  term  "over-the-counter  drug"  shall  mean  a drug that is a
    11  personal care product that contains a label that identifies the  product
    12  as a drug as required by 21 CFR 201.66. An "over-the-counter drug" label
    13  includes:  (a)  a  drug  facts  panel,  or (b) a statement of the active
    14  ingredients with a list of those ingredients contained in the  compound,
    15  substance, or preparation.
    16    2. The term "personal care product" shall mean any article intended to
    17  be  rubbed, poured, sprinkled, or sprayed on, introduced into, or other-
    18  wise applied to the human body or any part thereof for cleansing,  beau-
    19  tifying,  promoting  attractiveness, or altering the appearance, and any
    20  article intended for use as a component of any such  article.  The  term
    21  "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
 
     1    3.  The term "plastic" shall mean a synthetic material made from link-
     2  ing monomers through a chemical reaction to create  an  organic  polymer
     3  chain  that  can  be  molded or extruded at high heat into various solid
     4  forms retaining  their  defined  shapes  during  life  cycle  and  after
     5  disposal.
     6    4. The term "synthetic plastic microbead" shall mean any intentionally
     7  added  solid  plastic particle measured five millimeters or less in size
     8  and used to exfoliate or cleanse in a rinse-off  product  and  does  not
     9  break  down  completely, in the environment that the substance is likely
    10  to encounter, within the context of the relevant International Standards
    11  for degradation through a physical, chemical or  biological  process  of
    12  decomposition.
    13  § 37-0903. Personal  care products and over-the-counter drugs containing
    14               synthetic plastic microbeads.
    15    1. Beginning December thirty-first, two thousand seventeen, no  person
    16  shall  manufacture for sale a personal care product, except for an over-
    17  the-counter drug, that contains synthetic plastic microbeads.
    18    2. Beginning December thirty-first, two thousand eighteen,  no  person
    19  shall  accept  for sale a personal care product, except for an over-the-
    20  counter drug, that contains synthetic plastic microbeads.
    21    3. Beginning December thirty-first, two thousand eighteen,  no  person
    22  shall  manufacture  for  sale  an  over-the-counter  drug  that contains
    23  synthetic plastic microbeads.
    24    4. Beginning December thirty-first, two thousand nineteen,  no  person
    25  shall  accept  for sale an over-the-counter drug that contains synthetic
    26  plastic microbeads.
    27  § 37-0905. Preemption.
    28    The provisions of this title shall preempt any ordinance or resolution
    29  of a municipality, county or any other local government entity  relating
    30  to synthetic plastic microbeads.
    31    §  2. Section 71-3703 of the environmental conservation law is amended
    32  by adding a new subdivision 4 to read as follows:
    33    4. Any person who violates any of the provisions of, or who  fails  to
    34  perform  any duty imposed by section 37-0903 of this chapter or any rule
    35  or regulation promulgated pursuant hereto, shall be liable for  a  civil
    36  penalty  not  to  exceed  five hundred dollars for each day during which
    37  such violation continues, and in addition thereto, such  person  may  be
    38  enjoined  from continuing such violation. Such person shall for a second
    39  and each subsequent violation be liable to the people of the state for a
    40  civil penalty not to exceed one thousand dollars  for  each  day  during
    41  which such violation continues.
    42    § 3. This act shall take effect immediately.
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