Relates to prohibiting the manufacture and sale of personal care products and over-the-counter drugs containing synthetic plastic microbeads

BILL NUMBER:S4403A

Title of bill

An act to amend the environmental conservation law, in relation to prohibiting the manufacture and sale of personal care products and over-the-counter drugs containing synthetic plastic microbeads

Purpose

The bill will prohibit the manufacture and sale of personal care products and over-the-counter drugs containing synthetic plastic micro-beads.

Summary of provisions

Section 1 amends Article 37 of the environmental conservation law by adding a new title 9 to read as follows "SYNTHETIC PLASTIC BEADS" which:

1. Defines the term "over-the-counter drug", "personal care product", "plastic", and "synthetic plastic microbead".

2. Sets the date upon which the manufacture for sale of a personal care product, except for over-the-counter drugs, which contain synthetic plastic microbeads is prohibited.

3. Sets the date upon which the acceptance of sale of a personal care product, except for over-the-counter drugs, which contain synthetic plastic microbeads is prohibited.

4. Sets the date upon which the manufacture for sale of over-the-counter drugs that contain synthetic plastic microbeads is prohibited.

5. Sets the date upon which the acceptance of sale of an over-the-counter drugs that contain synthetic plastic microbeads is prohibited.

6. This bill shall preempt any ordinance or resolution of a municipality, county or any other local government, relating to synthetic plastic microbeads.

Section 2 amends section 71-3703 of the environmental conservation law to establish penalties for violations.

Section 3 sets forth the effective date.

Justification

This bill takes much needed steps to reduce plastic pollution in waters across New York State. Microbeads are commonly found in many different products including but not limited to facial scrubs, soaps, shampoos and toothpastes. Quite often these microbeads are made of plastics. Unfortunately due to the chemical composition of plastics used these microbeads tend to absorb various toxins.

One would expect that these microbeads to be filtered out in sewage treatment plants but because of their small size and buoyancy they escape treatment by sewage plants and eventually are discharged into our rivers, lakes and oceans.

Microbeads are often mistaken for food by small fish and wildlife. Due to biomagnification the level of toxins existent in an organism increases as we move higher in trophic levels, essentially up the food chain. Not only do these microbeads pose a potential threat to our bodies of water, but because of biomagnifications, higher levels of toxins are accumulating in fish and wildlife, which additionally poses harm to humans that may consume these animals.

It makes sense for New York to take action and prevent the continued use of microbeads in order to protect our aquatic environments, wildlife and public health.

Legislative history

New Bill

Fiscal implications for state and local governments

None

Effective date

This act shall take effect immediately.