SENATE BILL No. 158

 

 

February 25, 2015, Introduced by Senators BIEDA and WARREN and referred to the Committee on Government Operations.

 

 

 

     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 SUBJECTSPROHIBITED PRODUCTS

 

PART 162

 

PLASTIC IN PERSONAL CARE PRODUCTS

 

     Sec. 16201. As used in this part:

 

     (a) "Personal care product", subject to subdivision (b), means

 

any of the following:

 

     (i) An 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 appearance.

 

     (ii) An article intended for use as a component of an article

 

described in subparagraph (i).

 

     (b) Personal care product does not include a prescription drug

 

as defined in section 17708 of the public health code, 1978 PA 368,

 

MCL 333.17708.

 

     (c) "Plastic microbead" means an intentionally added plastic

 

particle that is 5 millimeters or less in every dimension.

 

     Sec. 16202. (1) Beginning January 1, 2019, a person shall not

 

sell or offer for promotional purposes in this state any personal

 

care product containing plastic microbeads.

 

     (2) Subsection (1) does not apply to a person that sells or

 

offers for promotional purposes a personal care product containing

 

plastic microbeads in less than 1 part per million (ppm) by weight.

 

     Sec. 16203. (1) If a person violates or prepares to violate

 

section 16202, the prosecuting attorney for the county where the

 

violation occurs or preparations are taken or the attorney general

 

may bring an action in a court of competent jurisdiction for

 

injunctive relief against the person.

 

     (2) A person that violates section 16202 may be ordered to pay

 

a civil fine of not more than $2,500.00 per day for each personal

 

care product that is the subject of the violation. The violation

 

may be prosecuted by the prosecuting attorney of the county where

 

the violation occurred or by the attorney general.