Bill Text: NJ A5011 | 2018-2019 | Regular Session | Introduced
Bill Title: Prohibits manufacture, sale, or promotion of consumer products containing microbeads.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Engrossed - Dead) 2019-06-10 - Received in the Senate, Referred to Senate Environment and Energy Committee [A5011 Detail]
Download: New_Jersey-2018-A5011-Introduced.html
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Prohibits manufacture, sale, or promotion of consumer products containing microbeads.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting the manufacture, sale, or promotion of consumer products containing microbeads, and amending P.L.2015, c.28.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2015, c.28 (C.58:10A-70) is amended to read as follows:
1. As used in [this act] P.L.2015, c.28 (C.58:10A-70 et seq.):
"Consumer product" means any article, product, or commodity, which is customarily produced or distributed for consumption by individuals, or use by individuals for purposes of personal care or in the performance of services ordinarily rendered within the household, and which is designed to be consumed or expended in the course of such consumption or use.
"Over the counter drug" means a drug that contains a label which identifies the product as a drug, as required by 21 CFR s.201.66. The label shall include:
(1) a "Drug Facts" panel; or
(2) a statement of the "active ingredient" or "active ingredients" with a list of those ingredients contained in the compound, substance or preparation.
"Personal care product" means any 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 the appearance, or any item intended for use as a component thereof.
"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 retaining their defined shapes during the life cycle and after disposal.
"Synthetic plastic microbead" means any intentionally added non-biodegradable, solid plastic particle measuring less than five millimeters in size and used to exfoliate or cleanse in a rinse-off product.
(cf: P.L.2015, c.28, s.1)
2. Section 2 of P.L.2015, c.28 (C.58:10A-71) is amended to read as follows:
2. a. On or after January 1, 2018, no person shall produce or manufacture in the State a personal care product containing synthetic plastic microbeads, except for an over the counter drug.
b. On or after January 1, 2019, no person shall:
(1) sell, offer for sale, or offer for promotion in the State a personal care product containing synthetic plastic microbeads, except for an over the counter drug; or
(2) produce or manufacture in the State an over the counter drug that contains synthetic plastic microbeads.
c. On or after January 1, 2020, no person shall sell, offer for sale, or offer for promotion in the State an over the counter drug containing synthetic plastic microbeads.
d. On or after January 1, 2022, no person shall produce or manufacture, sell, offer for sale, or offer for promotion a consumer product containing synthetic plastic microbeads.
(cf: P.L.2015, c.28, s.2)
3. This act shall take effect immediately.
STATEMENT
This bill would prohibit the manufacture, sale, and promotion of consumer products containing plastic microbeads, beginning on January 1, 2022. The bill defines "consumer products" as products that are customarily produced for consumption by individuals for personal care or for the performance of services ordinarily rendered within the household, and which are designed to be expended in the course of such use.
Microbeads are small plastic particles commonly used to exfoliate or cleanse. Although microbeads are effective abrasive agents, they end up in fresh waters and the ocean, where they are eaten by fish and other wildlife and enter the food chain. Some studies indicate that microbeads may absorb contaminants from the surrounding environment, such as harmful bacteria found in wastewater treatment plants. Microbeads also may contain chemicals left over from the manufacturing process.
Current State law prohibits the manufacture, sale, and promotion of personal care products containing microbeads. In addition, the federal "Microbead-Free Waters Act of 2015" prohibits the manufacturing, packaging, and distribution of rinse-off cosmetics containing microbeads. This bill would expand the prohibition to include all consumer products.
