THE SENATE

S.B. NO.

2326

THIRTIETH LEGISLATURE, 2020

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO MICROBEADS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The purpose of this Act is to phase in a prohibition on the manufacture and sale in Hawaii of certain personal care products and non-prescription drugs that contain synthetic plastic microbeads.  The legislature notes that nothing in this Act shall be construed to apply to rinse-off cosmetics and rinse-off cosmetics that are also non-prescription drugs, as these products are exclusively regulated by the federal government pursuant to the federal Microbead-Free Waters Act of 2015.

     SECTION 2.  Chapter 328, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§328-    Prohibition of synthetic plastic microbeads; personal care products; non-prescription drugs.  (a)  Beginning July 1, 2021, no person shall manufacture in the State a personal care product, except for a non-prescription drug, that contains synthetic plastic microbeads.

     (b)  Beginning July 1, 2022, no person shall:

     (1)  Sell or offer for sale in the State a personal care product, except for a non-prescription drug, that contains synthetic plastic microbeads; or

     (2)  Manufacture in the State a non-prescription drug that contains synthetic plastic microbeads.

     (c)  Beginning July 1, 2023, no person shall sell or offer for sale in the State a non-prescription drug that contains synthetic plastic microbeads.

     (d)  This section shall preempt any county ordinance concerning synthetic plastic microbeads.

     (e)  Nothing in this section shall be construed to apply to any rinse-off cosmetic or rinse-off cosmetic that is also a non-prescription drug as regulated pursuant to the federal Microbead-Free Waters Act of 2015, Public Law 114-114.

     (f)  As used in this section:

     "Personal care product" means 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 the appearance, and any article intended for use as a component of the article.  "Personal care product" does not include any prescription drug.

     "Plastic" means a synthetic material derived from fossil fuels or biomass and 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 life cycle and after disposal, including but not limited to polyethylene, polypropylene, polyethylene terephthalate, polymethlyl methacrylate, or nylon.

     "Synthetic plastic microbead" means any intentionally added solid plastic particle measuring two millimeters in size or larger."

     SECTION 3.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

Report Title:

Synthetic Plastic Microbeads; Manufacture or Sale; Personal Care Products; Non-prescription Drugs; Prohibition

 

Description:

Beginning 7/1/2021:  bans the manufacture of a personal care product, except a non-prescription drug, that contains synthetic plastic microbeads.  Beginning 7/1/2022:  bans the sale or offer for sale of a personal care product, except a non-prescription drug, that contains synthetic plastic microbeads and bans the manufacture of a non-prescription drug that contains synthetic plastic microbeads.  Beginning 7/1/2023:  bans the sale or offer for sale of a non-prescription drug that contains synthetic plastic microbeads.  Specifically exempts rinse-off cosmetics and rinse-off cosmetics that are also non-prescription drugs regulated by the federal Microbead-Free Waters Act of 2015.  (SD1)

 

 

 

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