1Amending the act of April 14, 1972 (P.L.233, No.64), entitled
2"An act relating to the manufacture, sale and possession of
3controlled substances, other drugs, devices and cosmetics;
4conferring powers on the courts and the secretary and
5Department of Health, and a newly created Pennsylvania Drug,
6Device and Cosmetic Board; establishing schedules of
7controlled substances; providing penalties; requiring
8registration of persons engaged in the drug trade and for the
9revocation or suspension of certain licenses and
10registrations; and repealing an act," further providing for
11definitions and for prohibited acts and penalties.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. Section 2(b) of the act of April 14, 1972
15(P.L.233, No.64), known as The Controlled Substance, Drug,
16Device and Cosmetic Act, is amended by adding definitions to
17read:

18Section 2. Definitions.--* * *

19(b) As used in this act:

20* * *

21"Over-the-counter personal care drug" means a drug that is a
22personal care product that contains a label that identifies the

1product as a drug as required by 21 CFR 201.66 (relating to 
2format and content requirements for over-the-counter (OTC) drug 
3product labeling). An over-the-counter personal drug label
4includes:

5(1) a drug facts panel; or

6(2) a statement of the active ingredients with a list of the
7ingredients contained in the compound, substance or
8preparation.

9* * *

10"Personal care product" as follows:

11(1) The term means:

12(i) An article intended to be rubbed, poured, sprinkled or
13sprayed on, introduced into, or otherwise applied to the human
14body or any part of the human body for cleansing, beautifying,
15promoting attractiveness or altering the appearance.

16(ii) An article intended for use as a component of an
17article under subparagraph (i)

18(2) The term does not include a prescription drug.

19"Plastic" means a synthetic material made from linking
20monomers through a chemical reaction to create an organic
21polymer chain that can be molded or extruded at high heat into
22various solid forms retaining their defined shapes during life
23cycle and after disposal.

24* * *

25"Synthetic plastic microbead" means an intentionally added
26nonbiodegradable solid plastic particle measuring less than five
27millimeters in size and which is used to exfoliate or cleanse in
28a rinse-off product.

29* * *

30Section 2. Section 13(a)(40) of the act, amended July 9,
 

12013 (P.L.359, No.53), is amended and the section is amended by
2adding a subsection to read:

3Section 13. Prohibited Acts; Penalties.--(a) The following
4acts and the causing thereof within the Commonwealth are hereby
5prohibited:

6* * *

7(40) [(Reserved).] (i) Beginning after December 31, 2017, 
8the manufacture for sale of a personal care product, except for 
9an over-the-counter personal drug, that contains synthetic 
10plastic microbeads.

11(ii) Beginning after December 31, 2018, the acceptance for
12sale of a personal care product, except for an over-the-counter
13personal drug, that contains synthetic plastic microbeads.

14(iii) Beginning after December 31, 2018, the manufacture for
15sale of an over-the-counter personal drug that contains
16synthetic plastic microbeads.

17(iv) Beginning after December 31, 2019, the acceptance for
18sale of an over-the-counter personal drug that contains
19synthetic plastic microbeads.

20* * *

21(q) Any person who violates subsection (a)(40) shall be
22liable for a civil penalty of up to one thousand dollars
23($1,000) for the first violation and up to two thousand five
24hundred dollars ($2,500) for a second or subsequent violation.

25Section 3. This act shall take effect in 60 days.