SENATE, No. 2178
STATE OF NEW JERSEY
ADOPTED OCTOBER 9, 2014
Senator CHRISTOPHER "KIP" BATEMAN
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
Prohibits manufacture, sale or promotion of personal care products containing microbeads.
CURRENT VERSION OF TEXT
Substitute as adopted by the Senate Commerce Committee.
An Act prohibiting manufacture, sale or promotion of personal care 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:
“Over the counter drug” means a drug that contains a label which identifies the product as a drug, as required by 21 CFR 201.66. The label shall include:
(1) a “Drug Facts" panel; or
(2) a statement of the "active ingredient" or "active ingredients" with a list of those ingredients contained in the compound, substance or preparation.
“Personal care 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.
“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 thee life cycle and after disposal.
“Synthetic plastic microbead” means any intentionally added non-biodegradable, solid plastic particle measuring less than five millimeters in size and used to exfoliate or cleanse in a rinse-off product.
2. a. On or after January 1, 2018, no person shall produce or manufacture in the State a personal care product containing synthetic plastic microbeads, except for an over the counter drug.
b. On or after January 1, 2019, no person shall:
(1) sell, offer for sale, or offer for promotion in the State a personal care product containing synthetic plastic microbeads, except for an over the counter drug; or
(2) produce or manufacture in the State an over the counter drug that contains synthetic plastic microbeads.
c. On or after January 1, 2020, no person shall sell, offer for sale, or offer for promotion in the State an over the counter drug containing synthetic plastic microbeads.
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 Commissioner of Environmental Protection may institute a civil action for injunctive relief to enforce the provisions of section 2 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. The provisions of this act shall preempt any ordinance or resolution of a municipality, county or any other local government entity concerning synthetic plastic microbeads.
5. This act shall take effect immediately.