Bill Text: HI SB1198 | 2018 | Regular Session | Introduced

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Bill Title: Relating To Environmental Protection.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2017-11-30 - Carried over to 2018 Regular Session. [SB1198 Detail]

Download: Hawaii-2018-SB1198-Introduced.html

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THE SENATE	S.B. NO.	1198
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to environmental protection.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that synthetic plastic microbeads pose a serious threat to the natural environment.  Synthetic plastic microbeads are an ingredient in many personal care products and are used for exfoliating dead skin cells.  However, sewage waste treatment facilities are unable to filter synthetic plastic microbeads out of wastewater because of their small size.  As a result, synthetic plastic microbeads are often discharged into the ocean along with the treated wastewater and absorb toxic pollutants in the water.  Marine life is endangered because fish and other wildlife easily swallow the synthetic plastic microbeads, potentially causing DNA damage and even death.

     The legislature also finds that Congress passed the Microbead-Free Waters Act of 2015, which prohibits:

     (1)  The manufacture of rinse-off cosmetics, except nonprescription drugs, that contain intentionally added plastic microbeads beginning on July 1, 2017, and introduction or delivery for introduction into interstate commerce rinse-off cosmetics, except nonprescription drugs, beginning on July 1, 2018; and

     (2)  The manufacture of rinse-off cosmetics that are nonprescription drugs beginning on July 1, 2018, and introduction or delivery for introduction into interstate commerce rinse-off cosmetics that are nonprescription drugs beginning on July 1, 2019.

Furthermore, the State has an interest in protecting its natural environment and decreasing the amount of waste flowing into its waters.  To address similar environmental concerns, Illinois and California recently enacted a gradual ban for the elimination of synthetic plastic microbeads from personal care products.

     The purpose of this Act is to phase in a prohibition on the manufacture and sale in Hawaii of personal care products that contain synthetic plastic microbeads.

     SECTION 2.  Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§342H-    Prohibition of synthetic plastic microbeads.  (a)  Beginning December 31, 2019, no person shall manufacture for sale in Hawaii a personal care product, except for an over-the-counter drug, that contains synthetic plastic microbeads.

     (b)  Beginning December 31, 2020, no person shall accept for sale a personal care product, except for an over-the-counter drug, that contains synthetic plastic microbeads.

     (c)  Beginning December 31, 2020, no person shall manufacture for sale in Hawaii an over-the-counter drug that contains synthetic plastic microbeads.

     (d)  Beginning December 31, 2021, no person shall accept for sale an over-the-counter drug that contains synthetic plastic microbeads.

     (e)  Any person who violates this section shall be liable for a civil penalty of up to $1,000 for the first violation of this section and a civil penalty of up to $2,500 for a second or subsequent violation of this section.

     (f)  The department shall adopt rules, pursuant to chapter 91, necessary for the purposes of implementing this section.

     (g)  This section shall preempt any ordinance or resolution of a municipality, county, or any other local government entity concerning synthetic plastic microbeads.

     (h)  As used in this section:

     "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 title 21 Code of Federal Regulations section 201.66.  An "over-the-counter drug" label includes a drug facts panel or a statement of the 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 or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and any article intended for use as a component of the article.  "Personal care product" does not include any prescription drug.

     "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 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."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2017.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Health; Environmental Protection; Synthetic Plastic Microbeads; Marine Life

 

Description:

Phases in a prohibition on the manufacture and sale of personal care products containing synthetic plastic microbeads.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.