Bill Text: NY S07018 | 2013-2014 | General Assembly | Amended

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Bill Title: Enacts the "Microbead-free waters act" to prohibit sale of personal cosmetic products containing microbeads.

Spectrum: Moderate Partisan Bill (Democrat 26-6)

Status: (Introduced - Dead) 2014-06-19 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S07018 Detail]

Download: New_York-2013-S07018-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7018--A
                                   I N  S E N A T E
                                    April 14, 2014
                                      ___________
       Introduced by Sens. GRISANTI, ADDABBO, AVELLA, BOYLE, BRESLIN, CARLUCCI,
         DIAZ,  DILAN,  ESPAILLAT, GIANARIS, GIPSON, HASSELL-THOMPSON, HOYLMAN,
         KENNEDY, KRUEGER, LARKIN, LATIMER, LAVALLE, MONTGOMERY, O'BRIEN, PARK-
         ER, PERALTA, PERKINS,  RITCHIE,  RIVERA,  ROBACH,  SERRANO,  SQUADRON,
         STAVISKY,  TKACZYK, VALESKY -- (at request of the Attorney General) --
         read twice and ordered printed, and when printed to  be  committed  to
         the  Committee  on Environmental Conservation -- committee discharged,
         bill amended, ordered reprinted as amended  and  recommitted  to  said
         committee
       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         prohibiting the manufacture, distribution and sale of personal cosmet-
         ic products containing 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                                 MICROBEADS
    5  SECTION 37-0901. SHORT TITLE.
    6          37-0903. DEFINITIONS.
    7          37-0905. PERSONAL COSMETIC PRODUCTS CONTAINING MICROBEADS.
    8          37-0907. PREEMPTION.
    9          37-0909. EXEMPTION.
   10          37-0911. RULES AND REGULATIONS.
   11  S 37-0901. SHORT TITLE.
   12    THIS  TITLE  SHALL  BE  KNOWN  AND MAY BE CITED AS THE "MICROBEAD-FREE
   13  WATERS ACT."
   14  S 37-0903. DEFINITIONS.
   15    1. THE TERM "MICROBEAD" SHALL MEAN  ANY  INTENTIONALLY  ADDED  PLASTIC
   16  PARTICLE MEASURED TO BE FIVE MILLIMETERS OR LESS IN SIZE USED TO EXFOLI-
   17  ATE OR CLEANSE IN A PERSONAL CARE PRODUCT.
   18    2.  THE  TERM  "PERSONAL  COSMETIC PRODUCT" SHALL MEAN ANY (A) ARTICLE
   19  INTENDED TO BE RUBBED, POURED,  SPRINKLED,  OR  SPRAYED  ON,  INTRODUCED
   20  INTO,  OR  OTHERWISE  APPLIED  TO THE HUMAN BODY OR ANY PART THEREOF FOR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13258-21-4
       S. 7018--A                          2
    1  CLEANSING,  BEAUTIFYING,  PROMOTING  ATTRACTIVENESS,  OR  ALTERING   THE
    2  APPEARANCE,  INCLUDING  BUT  NOT  LIMITED TO SOAP, EXFOLIATES, SHAMPOOS,
    3  TOOTHPASTES AND SCRUBS, AND (B) ARTICLE INTENDED FOR USE AS A  COMPONENT
    4  OF  ANY  SUCH  ARTICLE.   THE TERM "PERSONAL COSMETIC PRODUCT" SHALL NOT
    5  INCLUDE ANY PRODUCT FOR WHICH A PRESCRIPTION IS  REQUIRED  FOR  DISTRIB-
    6  UTION  OR  DISPENSATION AS PROVIDED IN SECTION TWO HUNDRED EIGHTY-ONE OF
    7  THE PUBLIC HEALTH LAW OR SECTION SIX THOUSAND EIGHT HUNDRED TEN  OF  THE
    8  EDUCATION LAW.
    9  S 37-0905. PERSONAL COSMETIC PRODUCTS CONTAINING MICROBEADS.
   10    NO  PERSON  SHALL SELL OR OFFER FOR SALE ANY PERSONAL COSMETIC PRODUCT
   11  WHICH CONTAINS MICROBEADS AS DEFINED IN THIS TITLE.
   12  S 37-0907. PREEMPTION.
   13    JURISDICTION IN ALL MATTERS PERTAINING TO MICROBEADS WHICH  ARE  REGU-
   14  LATED  PURSUANT  TO  THE PROVISIONS OF THIS TITLE SHALL BE VESTED EXCLU-
   15  SIVELY IN THE STATE.
   16  S 37-0909. EXEMPTION.
   17    UPON APPLICATION BY A MANUFACTURER, IN A FORM TO BE DETERMINED BY  THE
   18  DEPARTMENT,  THE DEPARTMENT MAY EXEMPT, FROM THE SALES PROHIBITION UNDER
   19  THIS TITLE, ANY PERSONAL CARE  PRODUCT  THAT  CONTAINS  MICROBEADS  THAT
   20  BIODEGRADE IN AN AQUATIC ENVIRONMENT IN A SAFE AND TIMELY MANNER.
   21  S 37-0911. RULES AND REGULATIONS.
   22    THE  DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGULATIONS
   23  AS IT SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
   24    S 2. Section 71-3703 of the environmental conservation law is  amended
   25  by adding a new subdivision 4 to read as follows:
   26    4.  ANY  PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
   27  PERFORM ANY DUTY IMPOSED BY SECTION 37-0905 OF THIS CHAPTER OR ANY  RULE
   28  OR  REGULATION PROMULGATED PURSUANT THERETO, SHALL BE LIABLE FOR A CIVIL
   29  PENALTY NOT TO EXCEED TWO THOUSAND FIVE HUNDRED  DOLLARS  FOR  EACH  DAY
   30  DURING  WHICH  SUCH  VIOLATION  CONTINUES, AND IN ADDITION THERETO, SUCH
   31  PERSON MAY BE ENJOINED FROM CONTINUING SUCH VIOLATION. SUCH PERSON SHALL
   32  FOR A SECOND VIOLATION BE LIABLE TO THE PEOPLE OF THE STATE FOR A  CIVIL
   33  PENALTY  NOT  TO  EXCEED FIVE THOUSAND DOLLARS FOR EACH DAY DURING WHICH
   34  SUCH VIOLATION CONTINUES AND SUCH PERSON MAY BE ENJOINED FROM CONTINUING
   35  SUCH VIOLATION.
   36    S 3. This act shall take effect December 31,  2016,  provided  however
   37  that  section  37-0905 of the environmental conservation law as added by
   38  section one of this act shall take effect on December 31, 2018.