Bill Text: MI SB1027 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Trade; consumer goods and services; manufacture and acceptance for sale of personal care products containing plastic microbeads; prohibit. Amends heading of ch. 5, art. II of 1994 PA 451 (MCL 324.101 - 24.90106) & adds pt. 162.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-09-09 - Referred To Committee On Government Operations [SB1027 Detail]

Download: Michigan-2013-SB1027-Introduced.html

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SENATE BILL No. 1027

 

 

September 9, 2014, Introduced by Senator WHITMER and referred to the Committee on Government Operations.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by amending the heading of chapter 5 of

 

article II and by adding part 162.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER 5

 

RECYCLING AND RELATED SUBJECTSPROHIBITED PRODUCTS

 

PART 162

 

PLASTIC IN PERSONAL CARE PRODUCTS

 

     Sec. 16201. As used in this part:

 

     (a) "Over-the-counter drug" means a personal care product that

 

has a label under 21 CFR 201.66 identifying the product as a drug.

 

     (b) "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

 

appearance, and any article intended for use as a component of any

 

such article. Personal care product does not include a prescription

 

drug.

 

     (c) "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.

 

     (d) "Plastic microbead" means any intentionally added non-

 

biodegradable plastic particle less than 5 millimeters in each

 

dimension and used to exfoliate or cleanse in a rinse-off product.

 

 

     Sec. 16202. A person shall not do any of the following:

 

     (a) Beginning January 1, 2018, manufacture for sale a personal

 

care product, except for an over-the-counter drug, that contains

 

plastic microbeads.

 

     (b) Beginning January 1, 2019, accept for sale a personal care

 

product, except for an over-the-counter drug, that contains plastic

 

microbeads.

 

     (c) Beginning January 1, 2019, manufacture for sale an over-

 

the-counter drug that contains plastic microbeads.

 

     (d) Beginning January 1, 2020, accept for sale an over-the-

 

counter drug that contains plastic microbeads.

 

     Sec. 16203. (1) Subject to subsection (2), a person who

 

violates section 16202 may be ordered to pay a civil fine of not

 

more than $1,000.00 per day for each personal care product that is

 

the subject of a violation.

 

     (2) A person who violates section 16202 a second or subsequent

 

time may be ordered to pay a civil fine of not more than $2,500.00

 

per day for each personal care product that is the subject of a

 

violation.

 

     (3) A violation of section 16202 may be prosecuted by the

 

prosecuting attorney of the county where the violation occurred or

 

by the attorney general.