SF 507

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 02/13/2015 08:32am

A bill for an act
relating to environment; prohibiting sale of certain personal care products
containing synthetic plastic microbeads; 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.

[325E.382] CERTAIN PRODUCTS CONTAINING MICROBEADS
PROHIBITED.

Subdivision 1.

Definitions.

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

(b) "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 Code of Federal
Regulations, title 21, section 201.66. An "over-the-counter drug" label includes:

(1) a drug facts panel; or

(2) a statement of the active ingredients with a list of those ingredients contained in
the compound, substance, or preparation.

(c) "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 any such article. "Personal
care product" does not include prescription drugs.

(d) "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.

(e) "Synthetic plastic microbead" means any intentionally added plastic particle
measured less than five millimeters in size.

Subd. 2.

Prohibitions.

(a) Effective December 31, 2016, no person shall
manufacture or sell a personal care product, except for an over-the-counter drug, that
contains synthetic plastic microbeads.

(b) Effective December 31, 2017, no person shall manufacture or sell an
over-the-counter drug that contains synthetic plastic microbeads.

Subd. 3.

Exemptions.

A person may petition the commissioner of the Pollution
Control Agency for an exemption from the prohibitions in this section. The commissioner
may grant an exemption only if the person seeking the exemption provides clear and
convincing evidence that the synthetic plastic microbeads contained in a personal care
product or over-the-counter drug completely break down within two weeks in a natural
environment.

Subd. 4.

Penalties.

A person who violates this section is subject to a civil penalty
not to exceed $1,000 for the first violation. A person is subject to a civil penalty not to
exceed $2,500 for each repeat violation.

EFFECTIVE DATE.

This section is effective the day following final enactment.