2015 Regular Session
To: Public Health and Human Services
By: Representative Moak
AN ACT TO PROVIDE DEFINITIONS FOR SYNTHETIC MICROBEADS; TO PROHIBIT THE SALE AND MANUFACTURE OF MICROBEAD PRODUCTS AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION. 1. (1) This act shall be known and referred to as the "Anti-Microbead Act."
(2) The following words shall have the meanings ascribed herein, unless the contents, clearly state otherwise:
(a) "Over-the-counter drug" means a drug that is a personal care product that contains a label that identifies the product as a drug, as required by 21 CFR 201.66.
An "over-the-counter drug" label includes:
(i) A drug facts panel; or
(ii) A statement of the active ingredients with a list of those ingredients contained in the compound, substance, or preparation.
(b) "Personal care product" means any item 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 item intended for use as a component of any such item. "Personal care product" does not include any prescription drugs.
(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 life cycle and after disposal.
(d) "Synthetic plastic microbead" means any intentionally added nonbiodegradable solid plastic particles measured less than five (5) millimeters in size and is used to exfoliate or cleanse in a rinse-off product.
(3) The Mississippi Legislature hereby finds that microbeads, a synthetic alternative ingredient to such natural materials as ground almonds, oatmeal, and pumice, found in over one hundred (100) personal care products, including facial cleansers, shampoos, and toothpastes, pose a serious threat to the State's environment. Microbeads have been documented to collect harmful pollutants already present in the environment and harm fish and other aquatic organisms that form the base of the aquatic food chain. Although synthetic plastic microbeads are a safe and effective mild abrasive ingredient effectively used for gently removing dead skin, there are recent concerns about the potential environmental impact of these materials. More research is needed on any adverse consequences, but a number of cosmetic manufacturers have already begun a voluntary process for identifying alternatives that allay those concerns. Those alternatives will be carefully evaluated to assure safety and implemented in a timely manner. Without significant and costly improvements to the majority of the state's sewage treatment facilities, microbeads contained in products will continue to pollute.
(4) (a) From and after December 31, 2017, no person shall
manufacture for sale in the State of Mississippi a personal care product, except for an over-the-counter drug, that contains synthetic plastic microbeads as defined in this section.
(b) From and after December 31, 2018, no person shall accept for sale in the State of Mississippi a personal care product, except for an over-the-counter drug, that contains synthetic plastic microbeads as defined in this section.
(c) From and after December 31, 2018, no person shall
manufacture for sale in the State of Mississippi an over-the-counter drug that contains synthetic plastic microbeads as defined in this section.
(d) From and after December 31, 2019, no person shall accept for sale an over-the-counter drug that contains synthetic plastic microbeads as defined in this section.
SECTION 2. This act shall take effect and be in force from and after July 1, 2015.