Bill Text: CA AB234 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Microparticles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB234 Detail]
Download: California-2023-AB234-Amended.html
NOYES
Local Program:
NO
SECTION 1.
Bill Title: Microparticles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB234 Detail]
Download: California-2023-AB234-Amended.html
|
Amended
IN
Assembly
March 23, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 234
| Introduced by Assembly Member Bauer-Kahan |
January 12, 2023 |
An act to add Chapter 5.8 (commencing with Section 42359) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 234, as amended, Bauer-Kahan.
Microparticles.
Existing law, the Plastic Microbeads Nuisance Prevention Law, prohibits a person from selling or offering for promotional purposes in the state any personal care products containing plastic microbeads that are used to exfoliate or cleanse in a rinse-off product, including, but not limited to, toothpaste.
This bill would enact the Synthetic Polymer Microparticles in Cosmetic and Cleaning Products Prevention Act. The bill would prohibit a synthetic polymer microparticle from being placed on the market in this state as a substance on its own or, where the synthetic polymer microparticles are present to confer a sought-after characteristic, in mixtures in a concentration equal to or greater than 0.01% by weight. The restriction would apply on and after specified
dates depending on the type of product, as described, except as otherwise provided. The bill would make a person who violates this prohibition liable for a civil penalty not to exceed $5,000 per day for each violation, in addition to any other penalty established by law. The bill would authorize the civil penalty to be assessed and recovered in a civil action brought by a city attorney, a district attorney, a county counsel, or the Attorney General in any court of competent jurisdiction.
Existing law requires the Ocean Protection Council, on or before December 31, 2024, to adopt and implement a Statewide Microplastics Strategy related to microplastic materials that pose an emerging concern for ocean health, as provided. Existing law declares the goal of the Statewide Microplastics Strategy to be the increase in the understanding of the scale and risks of microplastic materials on the marine environment and to identify proposed solutions to address the impacts of microplastic materials, to the extent feasible.
Existing law, the Microbeads Nuisance Prevention Law, prohibits a person from selling or offering for promotional purposes in the state any personal care products containing plastic microbeads that are used to exfoliate or cleanse in a rinse-off product, including, but not limited to, toothpaste.
This bill would express the intent of the Legislature to enact subsequent legislation that would prohibit the sale in this state of rinse-off cosmetics, detergents, waxes, and polishes that contain intentionally added synthetic polymer microparticles, including products identified in the synthetic polymer microparticle Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) restrictions adopted by the European Union (EU).
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature to prohibit the sale in this state of cosmetics, detergents, waxes, and polishes that contain intentionally added synthetic polymer microparticles by aligning with those restrictions under the European Union’s Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) legislation.SEC. 2.
Chapter 5.8 (commencing with Section 42359) is added to Part 3 of Division 30 of the Public Resources Code, to read:CHAPTER 5.8. Synthetic Polymer Microparticles in Cosmetic and Cleaning Products Prevention Act
42359.
For purposes of this chapter, the following terms have the following meanings:(a) “Cleaning products” or “detergents” means any substance or mixture containing soaps or other surfactants intended for washing and cleaning processes. Cleaning products may be in any form, including liquid, powder, paste, bar, cake, molded piece, or shape, and marketed for or used in household, institutional, or industrial purposes. Other products to be considered as detergents are any of the following:
(1) An auxiliary washing mixture intended for soaking, prewashing, rinsing, or bleaching clothes, household linens, or other fabrics.
(2) A cleaning
mixture intended for domestic all-purpose cleaners, or other cleaning of surfaces, or both.
(3) Laundry fabric softener that is intended to modify the feel of fabrics in processes that are to complement the washing of fabrics.
(4) Other cleaning and washing mixtures intended for any other washing and cleaning processes.
(b) “Cosmetic” means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced to, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and an article intended for use as a component of that type of article.
(c) “Leave-on product” means a cosmetic product that is intended to stay in prolonged contact with the skin, the hair, or
the mucous membranes.
(d) “Lip product” means a cosmetic product that is intended to be applied on the lips.
(e) “Liquid” means a substance or mixture that meets any of the following conditions:
(1) The substance or mixture at 50 degrees Celsius has a vapor pressure of not more than 300 kilopascals, is not completely gaseous at 20 degrees Celsius and at a standard pressure of 101.3 kilopascals, and has a melting point or initial melting point of 20 degrees Celsius or less at a standard pressure of 101.3 kilopascals.
(2) The substance or mixture fulfills the criteria in the American Society for Testing and Materials (ASTM) D 4359-90 standard test method for determining whether a material is a liquid or a solid.
(3) The substance or mixture passes the fluidity test.
(f) “Nail product” means a cosmetic product that is intended to be applied on nails.
(g) “Particle” means a minute piece of matter, other than single molecules, with defined physical boundaries.
(h) “Person” means an individual, business, or other entity.
(i) (1) “Synthetic polymer microparticles” are polymers that are solid and are either contained in particles and constitute at least 1 percent by weight of those particles, or build a continuous surface coating on particles, where at least 1 percent by weight of those particles fulfil either of the following conditions:
(A) Dimensions of the particles are equal to or less than 5 millimeters and greater than 0.1 microns.
(B) The length of the particles is equal to or less than 15 millimeters and greater than 0.3 microns in length and their length to diameter ratio is greater than 3 microns.
(2) The following polymers are excluded from the definition set forth in paragraph (1).
(A) Polymers that are the result of a polymerization process that has taken place in nature and are not chemically modified substances.
(B) Polymers that are degradable.
(C) Polymers that have a solubility greater than two grams per liter in accordance with the test
methodologies identified herein.
(D) Polymers that do not contain carbon atoms in their chemical structure.
(j) “Rinse-off cosmetic” means a cosmetic product that is intended to be removed after application on the skin, the hair, or the mucous membranes.
(k) “Solid” means a substance or a mixture other than liquid or gas.
(l) “Waxes and polishes” means a chemically formulated consumer product, including a polish, wax, or restorer labeled to indicate that the purpose of the product is to polish, protect, buff, condition, temporarily seal, or maintain furniture, floors, metal, leather, or other surfaces.
42359.1.
(a) A synthetic polymer microparticle shall not be placed on the market in this state as substances on their own or, where the synthetic polymer microparticles are present to confer a sought-after characteristic, in mixtures in a concentration equal to or greater than 0.01 percent by weight.(b) The restriction described in subdivision (a) applies as follows:
(1) On and after January 1, 2030, for synthetic polymer microparticles for use in the encapsulation of fragrances.
(2) On and after January 1, 2028, for rinse-off products, unless the products contain synthetic polymer microparticles for use as an
abrasive, such as to exfoliate, polish, or clean.
(3) On and after January 1, 2036, for lip products, nail products, and makeup.
(4) On and after January 1, 2030, for leave-on products.
(5) On and after January 1, 2029, for detergents, waxes, and polishes.
(c) The restriction described in subdivision (a) shall not apply to the following synthetic polymer microparticles:
(1) Synthetic polymer microparticles that are contained by technical means so that releases to the environment are prevented when used in accordance with the instructions for use during the intended end use.
(2) Synthetic polymer microparticles, the physical
properties of which are permanently modified during intended end use in a way that the polymer no longer falls within the scope of this entry.
(3) Synthetic polymer microparticles that are permanently incorporated into a solid matrix during intended end use.
(d) The restriction described in subdivision (a) shall not apply to the placing on the market in this state any of the following:
(1) Synthetic polymer microparticles for use at industrial sites.
(2) Prescription drugs and over-the-counter products regulated as a drug by the United States Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 321 et seq.), including combination products pursuant to Section 3.2(e) of Title 21 of the Code of Federal Regulations.
(3) Veterinary drugs.
(4) Fertilizers.
(5) Food and food additives.
(6) In vitro diagnostic devices.
42359.2.
(a) A person who violates Section 42359.1 is liable for a civil penalty not to exceed five thousand dollars ($5,000) per day for each violation, in addition to any other penalty established by law. That civil penalty may be assessed and recovered in a civil action brought by a city attorney, a district attorney, a county counsel, or the Attorney General in any court of competent jurisdiction.(b) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following:
(1) The nature and extent of the violation.
(2) The number and severity of the violations.
(3) The economic effect of the penalty on the violator.
(4) Whether the violator took good faith measures to comply with this chapter and when these measures were taken.
(5) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.
(6) Any other factors that justice may require.
It is the intent of the Legislature to enact subsequent legislation that would prohibit the sale in this state of rinse-off cosmetics, detergents, waxes, and polishes that contain intentionally added synthetic polymer microparticles, including products that are identified in the synthetic polymer microparticle Registration, Evaluation, Authorization and Restriction of Chemicals (REACH) restrictions adopted by the European Union (EU).
