Assemblyman PATRICK J. DIEGNAN, JR.
District 18 (Middlesex)
Assemblyman PAUL D. MORIARTY
District 4 (Camden and Gloucester)
Assemblyman TIMOTHY J. EUSTACE
District 38 (Bergen and Passaic)
Prohibits manufacture, sale, or promotion of cosmetic products containing microbeads.
CURRENT VERSION OF TEXT
An Act prohibiting manufacture, sale, or promotion of cosmetic products containing microbeads and supplementing Title 58 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
“Microbeads” means any plastic component of a personal cosmetic product measured to be five millimeters or less in size.
“Personal cosmetic product” means any article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance, or any item intended for use as a component thereof.
2. a. On or after January 1, 2015, no person shall produce or manufacture in the State a personal cosmetic product containing microbeads for consumer use or any other purpose.
b. On or after January 1, 2018 or two years after the date of enactment of this act, whichever is sooner, no person shall sell, offer for sale, or offer for promotion in the State a personal cosmetic product containing microbeads for consumer use or any other purpose.
3. a. A person or entity who violates this act shall be subject to a penalty of not less than $1,000 and not more than $10,000 for each offense, to be collected in a civil action by a summary proceeding under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.). If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate, and distinct offense. The municipal court and Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.
b. The Department of Environmental Protection may institute a civil action for injunctive relief to enforce the provisions of section 1 of this act and to prohibit and prevent a violation of this act, and the court may proceed in the action in a summary manner.
4. This act shall take effect immediately.
This bill prohibits the production, manufacture, and sale of all personal cosmetic products containing microbeads. Microbeads are small plastic particles that are added to personal cosmetic products, such as soap and face wash. The microbeads are artificial replacements for natural additives such as crushed almonds and pumice.
The bill’s prohibition against production or manufacture of personal cosmetic products containing microbeads would commence January 1, 2015. The bill’s prohibition against the sale, offer for sale, or promotion of these items would commence January 1, 2018, or two years after the date of enactment of the bill into law, whichever is sooner.
Water management facilities around the country are not capable of filtering small microbeads. These microbeads reportedly contain harmful toxins, flow through water treatment facilities, and are directly deposited in our waterways. Microbeads in open water appear edible to fish, which then eat the toxin-covered plastic particles. These fish are then consumed by other fish or humans, resulting in microbeads covered with toxins entering the food chain.
Legislation has been introduced in New York, California, Michigan, and other states to address the environmental concerns caused by microbeads.