Bill Text: AZ HB2464 | 2015 | Fifty-second Legislature 1st Regular | Introduced
Bill Title: Synthetic plastic microbead products; prohibition
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2015-02-04 - Referred to House EENR Committee [HB2464 Detail]
REFERENCE TITLE: synthetic plastic microbead products; prohibition
State of Arizona
House of Representatives
First Regular Session
Representatives Mendez, Cardenas, Sherwood, Steele: Andrade, Clark, Espinoza, Fernandez, Friese, Gabaldón, Velasquez
amending title 41, chapter 15, article 1, Arizona Revised Statutes, by adding section 41‑2053; amending title 44, Arizona Revised Statutes, by adding chapter 36; relating to synthetic plastic microbeads.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 15, article 1, Arizona Revised Statutes, is amended by adding section 41-2053, to read:
41-2053. Department of weights and measures enforcement fund
The department of weights and measures enforcement fund is established consisting of monies deposited pursuant to section 44-7852. The department shall administer the fund. Monies in the fund are continuously appropriated.
Sec. 2. Title 44, Arizona Revised Statutes, is amended by adding chapter 36, to read:
SYNTHETIC PLASTIC MICROBEADS
ARTICLE 1. GENERAL PROVISIONS
In this chapter, unless the context otherwise requires:
1. "Label" includes:
(a) A drug facts panel.
(b) A statement of the active ingredients with a list of those ingredients contained in the compound, substance or preparation.
2. "Over‑the‑counter drug" means a drug that is a personal care product that contains a label that identifies the product as a drug as required by 21 Code of Federal Regulations section 201.66.
3. "Personal care product":
(a) Means any article intended to be rubbed, poured, sprinkled or sprayed on, introduced into or otherwise applied to the human body or any part of the human body for cleansing, beautifying, promoting attractiveness or altering appearance and includes any article intended for use as a component of any such article.
(b) Does not include any prescription drug.
4. "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 defined shapes during their life cycle and after disposal.
5. "Synthetic plastic microbead" means any intentionally added nonbiodegradable solid plastic particle that measures less than five millimeters in size and that is used to exfoliate or cleanse in a rinse-off product.
44-7852. Synthetic plastic microbeads; prohibitions; civil penalty
A. Beginning January 1, 2018, a person may not manufacture for sale a personal care product, except for an over-the-counter drug, that contains synthetic plastic microbeads.
B. Beginning January 1, 2019, a person may not do either of the following:
1. Accept for sale a personal care product, except for an over‑the‑counter drug, that contains synthetic plastic microbeads.
2. Manufacture for sale an over‑the‑counter drug that contains synthetic plastic microbeads.
C. Beginning January 1, 2020, a person may not accept for sale an over‑the‑counter drug that contains synthetic plastic microbeads.
D. A person who violates this section is subject to a civil penalty of not more than one thousand dollars for the first violation and not more than two thousand five hundred dollars for a second or subsequent violation. A court shall collect the civil penalty and remit it to the state treasurer for deposit in the department of weights and measures enforcement fund established by section 41-2053.
The department of weights and measures shall enforce this chapter.