PRINTER'S NO. 1489
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
672
Session of
2015
INTRODUCED BY WILEY, ALLOWAY, YAW, COSTA, HUGHES, FONTANA,
RAFFERTY, BREWSTER, DINNIMAN AND LEACH, JANUARY 13, 2016
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 13, 2016
AN ACT
Providing for a synthetic plastic microbead prohibition.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Synthetic
Plastic Microbead Prohibition Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Over-the-counter drug." Any drug that contains a label
which identifies the product as a drug, as required by 21 CFR
201.66 (relating to format and content requirements for over-
the-counter (OTC) drug product labeling). The label shall
include:
(1) "Drug Facts" panel;
(2) a statement of the active ingredient or active
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ingredients with a list of those ingredients contained in the
compound, substance or preparation.
"Personal care product." Any article intended to be
introduced into or applied to the human body for cleansing,
beautifying, promoting attractiveness or altering the
appearance, or any item intended for use as a component thereof.
"Plastic." A synthetic material made from linking monomers
through a chemical reaction to create an organic polymer chain
that can be molded or extruded at high heat into various solid
forms retaining their defined shapes during the life cycle and
after disposal.
"Secretary." The Secretary of Environmental Protection of
the Commonwealth.
"Synthetic plastic microbead." Any intentionally added solid
plastic particle that is not biodegradable in water and
measuring less than five millimeters in size and used to
exfoliate or cleanse in a rinse-off product.
Section 3. Prohibition.
(1) On or after January 1, 2018, no person shall produce
or manufacture in this Commonwealth a personal care product
containing synthetic plastic microbeads, except for an over-
the-counter drug.
(2) On or after January 1, 2019, no person shall:
(i) sell, offer for sale or offer for promotion in
this Commonwealth a personal care product containing
synthetic plastic microbeads, except for an over-the-
counter drug; or
(ii) produce or manufacture in this Commonwealth an
over-the-counter drug that contains synthetic plastic
microbeads.
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(3) On or after January 1, 2020, no person shall sell,
offer for sale or offer for promotion in this Commonwealth an
over-the-counter drug containing synthetic plastic
microbeads.
Section 4. Penalties.
(a) First offense.--A first violation of section 3 shall be
a misdemeanor of the third degree. An individual convicted under
this subsection shall pay a fine of not less than $1,000 and not
more than $10,000 for each offense.
(b) Second and subsequent offenses.--If the violation is of
a continuing nature, each day during which it continues
constitutes an additional, separate and distinct offense.
(c) Powers and duties of secretary.--The secretary may
institute a civil action for injunctive relief to enforce the
provisions of section 3 and to prohibit and prevent a violation
of this act.
Section 5. Preemption.
The provisions of this act shall preempt any ordinance or
resolution of a municipality, county or other local government
entity concerning synthetic plastic microbeads.
Section 6. Effective date.
This act shall take effect in 60 days.
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