HOUSE BILL No. 4345

 

March 12, 2015, Introduced by Rep. Outman and referred to the Committee on Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by amending the heading of chapter 5 of

 

article II and by adding part 162.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER 5

 

RECYCLING AND RELATED SUBJECTS PROHIBITED PRODUCTS

 

PART 162

 

PLASTIC IN PERSONAL CARE PRODUCTS

 

     Sec. 16201. As used in this part:

 

     (a) "Over-the-counter drug" means a drug that is a personal

 

care product that has a label that identifies the product as a drug

 

as required by 21 CFR 201.66.

 


     (b) "Personal care product" means an 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 appearance, and any article

 

intended for use as a component of any such article. Personal care

 

product does not include a prescription drug.

 

     (c) "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 their life cycle

 

and after disposal.

 

     (d) "Plastic microbead" means an intentionally added

 

nonbiodegradable sold plastic particle less than 5 millimeters in

 

all dimensions.

 

     Sec. 16202. (1) Effective December 31, 2017, a person shall

 

not manufacture for sale a personal care product, except for an

 

over-the-counter drug, that contains plastic microbeads.

 

     (2) Effective December 31, 2018, a person shall not accept for

 

sale a personal care product, except for an over-the-counter drug,

 

that contains plastic microbeads.

 

     (3) Effective December 31, 2018, a person shall not

 

manufacture for sale an over-the-counter drug that contains plastic

 

microbeads.

 

     (4) Effective December 31, 2019, a person shall not accept for

 

sale an over-the-counter drug that contains plastic microbeads.

 

     Sec. 16203. (1) Except as provided in subsection (2), a person

 

who violates this part may be ordered to pay a civil fine of not

 


more than $1,000.00.

 

     (2) A person who violates this part a second or subsequent

 

time may be ordered to pay a civil fine of not more than $2,500.00.