Bill Text: MI HB4819 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Trade; consumer goods and services; personal care products containing plastic microbeads; prohibit manufacture and acceptance for sale. Amends heading of ch. 5, art. II, heading of pt. 163 & secs. 16301 & 16303 of 1994 PA 451 (MCL 324.16301 & 324.16303) & adds secs. 16307 & 16309.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-07-31 - Bill Electronically Reproduced 07/31/2019 [HB4819 Detail]
Download: Michigan-2019-HB4819-Introduced.html
HOUSE BILL No. 4819
July 25, 2019, Introduced by Rep. Pohutsky and referred to the Committee on Natural Resources and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending the heading of chapter 5 of article II, the heading of
part 163, and sections 16301 and 16303 (MCL 324.16301 and
324.16303), and by adding sections 16307 and 16309.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER 5: RECYCLING AND RELATED SUBJECTSPROHIBITED PRODUCTS
PART 163 PLASTIC MICROBEADS AND DEGRADABLE CONTAINERS
Sec. 16301. As used in this part:
(a) "Containers" means glass, metal, or plastic bottles, cans,
jars, or other receptacles that contain any substance.
(b) "Degradable" means capable of being broken down by
biodegradation, photodegradation, or chemical degradation into
component parts within 360 days under exposure to the elements.
(c) "Over-the-counter drug" means a personal care product that
has a label under 21 CFR 201.66 identifying the product as a drug.
(d) "Personal care product" means an article intended to be
rubbed, poured, sprinkled, or sprayed on, introduced into, or
otherwise applied to the human body for cleansing, beautifying,
promoting attractiveness, or altering appearance, and any article
intended for use as a component of any such article. Personal care
product does not include a prescription drug.
(e) "Plastic" means 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 that retain their shapes during their life cycle and
after disposal.
(f) "Plastic microbead" means a plastic particle less than 5
millimeters in each dimension intentionally added to a personal
care product.
Sec.
16303. A person who violates this part section 16302 is
guilty of a misdemeanor punishable by a fine of $500.00 for each
day
this part section 16302 is violated.
Sec. 16307. A person shall not do any of the following:
(a) Beginning January 1, 2021, manufacture for sale a personal
care product, except for an over-the-counter drug, that contains
plastic microbeads.
(b) Beginning January 1, 2022, accept for sale a personal care
product, except for an over-the-counter drug, that contains plastic
microbeads.
(c) Beginning January 1, 2022, manufacture for sale an over-
the-counter drug that contains plastic microbeads.
(d) Beginning January 1, 2024, accept for sale an over-the-
counter drug that contains plastic microbeads.
Sec. 16309. (1) Subject to subsection (2), a person who
violates section 16307 may be ordered to pay a civil fine of not
more than $1,000.00 per day for each personal care product
universal product code that is the subject of a violation.
(2) A person who violates section 16307 a second or subsequent
time may be ordered to pay a civil fine of not more than $2,500.00
per day for each personal care product universal product code that
is the subject of a violation.
(3) A violation of section 16307 may be prosecuted by the
prosecuting attorney of the county where the violation occurred or
by the attorney general.
