HB 1429 - AS INTRODUCED
2016 SESSION
\t16-2040
\t08/10
HOUSE BILL\t1429
AN ACT\trelative to the use of microbeads in personal care products and over-the-counter drugs.
SPONSORS:\tRep. Pearson, Ches. 4; Rep. Suzanne Smith, Graf. 8; Rep. C. Chase, Ches. 8
COMMITTEE:\tHealth, Human Services and Elderly Affairs
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ANALYSIS
\tThis bill defines and prohibits the use of microbeads in personal care products and over-the-counter drugs.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2040
\t08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the use of microbeads in personal care products and over-the-counter drugs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Subdivision; Prohibition on Synthetic Plastic Microbeads. Amend RSA 146 by inserting after section 21 the following new subdivision:
Prohibition on Synthetic Plastic Microbeads
\t146:22 In this section:
\t\tI. "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 C.F.R. section 201.66. Such a label includes but is not limited to a drug facts panel or a statement of the active ingredients with a list of those ingredients contained in the base compound, substance, or preparation.
\t\tII. "Personal care product" means any substance intended to be rubbed, poured, sprinkled, or sprayed on, introduced into or otherwise applied to any part of the human body for cleansing, beautifying, promoting attractiveness or altering one's appearance, and any item intended for use as a component of any such substance. "Personal care product" shall not include a prescription drug as that term is defined in RSA 318:1, XVII.
\t\tIII. "Synthetic plastic microbead" means any intentionally added nonbiodegradable solid plastic particle measuring less than 5 millimeters in size and used to exfoliate or cleanse in a product intended to be rinsed off.
\t146:23 Manufacture of Personal Care Products Containing Synthetic Plastic Microbeads Prohibited. No person shall manufacture in this state a personal care product that contains synthetic plastic microbeads.
\t146:24 Penalty. Any person who violates this subdivision shall be subject to a civil penalty not to exceed $5,000 for each violation. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to procedures for notice and hearing prior to the imposition of a civil penalty under this section.
\t2 Manufacture and Sale of Personal Care Products and Manufacture of Over-the-Counter Drugs Containing Synthetic Microbeads; 2018. RSA 146:23 and RSA 146:24 are repealed and reenacted to read as follows:
\t146:23 Manufacture of Personal Care Products and Over-the-Counter Drugs Containing Synthetic Plastic Microbeads Prohibited. No person shall manufacture in this state a personal care product or over-the counter drug that contains synthetic plastic microbeads.
\t146:24 Sale of Personal Care Products Containing Synthetic Plastic Microbeads Prohibited. No person shall sell, offer for sale, offer for promotion, or otherwise distribute in the state a personal care product which contains synthetic plastic microbeads.
\t146:25 Penalty. Any person who violates this subdivision shall be subject to a civil penalty not to exceed $5,000 for each violation. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to procedures for notice and hearing prior to the imposition of a civil penalty under this section.
\t3 Manufacture and Sale of Personal Care Products and Over-the-Counter Drugs Containing Synthetic Microbeads; 2019. RSA 146:23 and RSA 146:24 are repealed and reenacted to read as follows:
\t146:23 Manufacture of Personal Care Products and Over-the-Counter Drugs Containing Synthetic Plastic Microbeads Prohibited. No person shall manufacture in this state a personal care product or over-the counter drug that contains synthetic plastic microbeads.
\t146:24 Sale of Personal Care Products and Over-the-Counter Drugs Containing Synthetic Plastic Microbeads Prohibited. No person shall sell, offer for sale, offer for promotion, or otherwise distribute in the state a personal care product or over-the counter drug which contains synthetic plastic microbeads.
\t\tI. Section 2 of this act shall take effect on December 31, 2018.
\t\tII. Section 3 of this act shall take effect on December 31, 2019.
\t\tIII. The remainder of this act shall take effect on December 31, 2017.