New Jersey Microbeads Bill Advances With Aggressive Phase-Out Timeline
This article was originally published in The Rose Sheet
Executive Summary
Production and sale of microbead-containing cosmetics would be outlawed at the start of calendar years 2015 and 2018, respectively, under New Jersey’s bill, which passed the state’s general assembly at the end of September. The proposed timeline is considerably more aggressive than that in Illinois’ ban, which became law in June with industry’s support.
A New Jersey bill to ban the manufacture and sale of cosmetic products containing plastic microbeads, passed by the state’s general assembly Sept. 29, would impose tighter deadlines for the ingredients’ phase-out than Illinois law backed by industry.
A3083 would prohibit the manufacture of microbead-containing personal-care products beginning Jan. 1, 2015. Sale of such products could continue until Jan. 1, 2018, or two years after the act’s enactment, “whichever is sooner,” according to the text.
Sponsored by Assemblymen Patrick Diegnan (D-Middlesex) and Paul Moriarty (D-Camden, Gloucester), the bill passed the lower house of New Jersey’s legislature by a vote of 72-0, and a counterpart bill has been introduced in the state senate and is under committee consideration.
Violators of the proposed New Jersey bill would be subject to penalties between $1,000 and $10,000 for each offense, with “continuing” violations constituting separate daily offenses.
The bill’s deadlines for phasing out microbeads’ use as exfoliants in personal-cleansing products are more aggressive than those in a similar Illinois bill, signed into law in June, which would ban the production and sale of cosmetic microbeads by the close of calendar 2017 and 2018, respectively (Also see "PCPC Holds Up Illinois Microbeads Ban As Standard For Legislation" - HBW Insight, 1 Sep, 2014.).
Faced with microbeads legislation in states across the U.S. – with varying timelines for implementation, some more manageable than others – the Personal Care Products Council has been supportive of the Illinois framework, holding it up as the standard for other states to follow.
Like the Illinois bill, A3083 cites environmental concerns as the basis for regulatory action against microbeads’ use. “Water-management facilities around the country are not capable of filtering small microbeads,” which consequently “are directly deposited in our waterways,” endangering aquatic life and posing potential toxicity risks for humans at the top of the food chain, the bill suggests.
It proposes a system in which the state’s Department of Environmental Protection could pursue civil action for injunctive relief to enforce the act’s provisions. Violators would be subject to penalties between $1,000 and $10,000 for each offense. The bill notes that “if the violation is of a continuing nature, each day during which it continues constitutes an additional, separate and distinct offense.”
The proposed penalties are potentially steeper than those in the Illinois bill, which subjects violators to a $1,000 fine for an initial offense and a $2,500 fine for each subsequent violation.
Illinois’ law also prohibits the production and marketing of over-the-counter drugs containing synthetic plastic microbeads, giving manufacturers and sellers until 2019 and 2020, respectively, to come into compliance.
Lack Of Bill Uniformity Poses Challenges
The personal-care industry has maintained the safety of microbead-containing products for consumer use as well as its commitment to environmental stewardship while questioning the extent of its role in marine microbeads pollution.
Other stakeholders, including alternative material innovators, have stressed the importance of uniformity in emerging legislation.
The New Jersey bill defines “microbeads” as “any plastic component of a personal cosmetic product measured to be five millimeters or less in size.” The cited dimensions are consistent with terms in the Illinois legislation.
However, A3083 does not specify that the synthetic microbeads targeted for elimination are non-biodegradable, which could outlaw alternative organic polymers in development that degrade in marine environments (Also see "Suppliers Ready Microbead Alternatives, Touting Value Despite Expense" - HBW Insight, 25 Aug, 2014.). Instead, the bill notes that crushed almonds and pumice can be used as natural exfoliants in personal-care products.
New York, Pennsylvania, Ohio and Michigan also are exploring cosmetic microbeads legislation.
At the federal level, Rep. Frank Pallone, D-N.J., introduced a bill in June that would prohibit the sale or distribution of personal-care products that contain synthetic plastic microbeads, effective Jan. 1, 2018 (Also see "In Brief: House Microbead Bill; “Wrinkle-Prone” U.S. States; Pantene’s “Not Sorry”" - HBW Insight, 23 Jun, 2014.).
The legislation, H.R. 4895, has been referred to the House Energy and Commerce Subcommittee on Health, while a companion bill, S. 2902, is under consideration by the Senate HELP Committee.
Firms including Procter & Gamble Co., Unilever PLC and the Colgate-Palmolive Company have outlined plans to eliminate plastic microbeads from their offerings nationwide.