Bill Text: IA HF439 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act prohibiting the production, manufacture, sale, or offer for sale of personal care or dental products containing microbeads in this state, and providing penalties.
Sponsorship: Partisan Bill (Democrat 12)
Status: (Introduced - Dead) 2015-03-02 - Introduced, referred to Environmental Protection. H.J. 434. [HF439 Detail]
Download: Iowa-2015-HF439-Introduced.html
House File 439 - Introduced HOUSE FILE BY HANSON, H. MILLER, LENSING, WINCKLER, ANDERSON, KEARNS, STUTSMAN, BERRY, KELLEY, JACOBY, ISENHART, and GASKILL A BILL FOR 1 An Act prohibiting the production, manufacture, sale, or offer 2 for sale of personal care or dental products containing 3 microbeads in this state, and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2278YH (4) 86 ad/nh PAG LIN 1 1 Section 1. NEW SECTION. 455L.1 Definitions. 1 2 As used in this chapter, unless the context otherwise 1 3 requires: 1 4 1. "Department" means the department of natural resources 1 5 created under section 455A.2. 1 6 2. "Microbead" means any plastic component of a personal 1 7 care or dental product measured to be five millimeters or less 1 8 in size. 1 9 3. a. "Personal care or dental product" means any of the 1 10 following: 1 11 (1) An article intended to be rubbed, poured, sprinkled, or 1 12 sprayed on, introduced into, or otherwise applied to the human 1 13 body or any part of the human body for cleansing, beautifying, 1 14 promoting attractiveness, or altering the appearance. 1 15 (2) An article intended for use as a component of an article 1 16 described in subparagraph (1). 1 17 b. "Personal care or dental product" does not include any 1 18 product for which a prescription is required. 1 19 Sec. 2. NEW SECTION. 455L.2 Personal care or dental 1 20 products with microbeads prohibited. 1 21 A person shall not produce, manufacture, sell, or offer 1 22 for sale in this state any personal care or dental product 1 23 that contains microbeads that were intentionally added to the 1 24 product. 1 25 Sec. 3. NEW SECTION. 455L.3 Civil actions for compliance 1 26 == penalties. 1 27 1. The attorney general, on request of the department, 1 28 shall institute any legal proceeding necessary to enforce this 1 29 chapter, including a proceeding for a temporary injunction, or 1 30 to prosecute any person for a violation of this chapter or any 1 31 rule adopted pursuant to this chapter. 1 32 2. A person who violates this chapter shall be subject to a 1 33 civil penalty, not to exceed two thousand five hundred dollars 1 34 for each day of such violation for a first offense, and not to 1 35 exceed five thousand dollars for each day of such violation for 2 1 any subsequent offense. 2 2 Sec. 4. NEW SECTION. 455L.4 Rules. 2 3 The department shall adopt rules pursuant to chapter 17A to 2 4 administer this chapter. 2 5 EXPLANATION 2 6 The inclusion of this explanation does not constitute agreement with 2 7 the explanation's substance by the members of the general assembly. 2 8 This bill prohibits the production, manufacture, and sale 2 9 or offer for sale of any personal care or dental product that 2 10 contains microbeads that were intentionally added to the 2 11 product. The bill defines "microbead" as any plastic component 2 12 of a personal care or dental product measured to be five 2 13 millimeters or less in size. 2 14 The bill authorizes the attorney general, on request of the 2 15 department of natural resources, to conduct legal proceedings 2 16 necessary for enforcement of the bill. The bill provides a 2 17 maximum civil penalty of $2,500 per day of the violation for 2 18 a first offense and $5,000 per day of the violation for any 2 19 subsequent offense. LSB 2278YH (4) 86 ad/nh
