HF 2414

as introduced - 88th Legislature (2013 - 2014) Posted on 02/27/2014 03:32pm

A bill for an act
relating to environment; prohibiting the sale of certain personal care products
containing microplastics; providing civil penalties; proposing coding for new
law in Minnesota Statutes, chapter 325E.

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

Section 1.

new text begin [325E.382] CERTAIN PRODUCTS CONTAINING MICROPLASTICS
PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given.
new text end

new text begin (b) "Microplastic" means a plastic with a diameter of five millimeters or less.
new text end

new text begin (c) "Personal care product" means a nonmedicinal consumable product that is
intended to be used in the topical care and grooming of the body and hair and that is rubbed,
poured, sprinkled, or sprayed on, or otherwise applied to a human body, for cleansing,
beautifying, promoting attractiveness, or altering the appearance without affecting the
body's structure or functions. Personal care products are specifically for use in such
activities as cleansing, toning, moisturizing, hydrating, exfoliating, conditioning, anointing,
massaging, coloring or decorating, soothing, deodorizing, perfuming, and styling.
new text end

new text begin (d) "Plastic" means a synthetic material made from a polymer chain that can be
molded, catalyzed, or extruded into various forms.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition; exemptions. new text end

new text begin (a) Except as provided in paragraph (b), after
July 1, 2015, no person may sell or offer for sale in this state a personal care product
that contains microplastics.
new text end

new text begin (b) Paragraph (a) does not apply:
new text end

new text begin (1) to a personal care product containing microplastics in less than one part per
million by weight; or
new text end

new text begin (2) if it is demonstrated to the commissioner of the Pollution Control Agency that an
otherwise prohibited personal care product is designed in a manner or for such uses that
it will not, through normal use, enter into the waters of this state, as defined in section
97A.015, subdivision 54.
new text end

new text begin Subd. 3. new text end

new text begin Penalties. new text end

new text begin A person who violates this section is subject to a civil penalty
not to exceed $250 for each unit of personal care product sold or offered for sale in this
state in addition to any other penalty provided in law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end