September 16, 2014, Introduced by Senator BIEDA 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) "Personal care product", subject to subdivision (b), means
any of the following:
(i) An 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.
(ii) An article intended for use as a component of an article
described in subparagraph (i).
(b) Personal care product does not include a prescription drug
as defined in section 17708 of the public health code, 1978 PA 368,
MCL 333.17708.
(c) "Plastic microbead" means an intentionally added plastic
particle that is 5 millimeters or less in every dimension.
Sec. 16202. (1) Beginning January 1, 2019, a person shall not
sell or offer for promotional purposes in this state any personal
care product containing plastic microbeads.
(2) Subsection (1) does not apply to a person that sells or
offers for promotional purposes a personal care product containing
plastic microbeads in less than 1 part per million (ppm) by weight.
Sec. 16203. (1) If a person violates or prepares to violate
section 16202, the prosecuting attorney for the county where the
violation occurs or preparations are taken or the attorney general
may bring an action in a court of competent jurisdiction for
injunctive relief against the person.
(2) A person that violates section 16202 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 the violation. The violation
may be prosecuted by the prosecuting attorney of the county where
the violation occurred or by the attorney general.