Bill Text: HI SB369 | 2019 | Regular Session | Introduced
Bill Title: Relating To Environmental Protection.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2019-01-24 - Referred to AEN/CPH, JDC/WAM. [SB369 Detail]
Download: Hawaii-2019-SB369-Introduced.html
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THE SENATE |
S.B. NO. |
369 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to environmental protection.
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 personal care products that contain synthetic plastic microbeads.
SECTION 2. Chapter 342H, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§342H- Prohibition of synthetic plastic
microbeads. (a) Beginning July 1, 2020, no person shall
manufacture for sale in Hawaii a personal care product, except for an
over-the-counter drug, that contains synthetic plastic microbeads.
(b) Beginning July 1, 2021, no person shall:
(1) Accept for sale
a personal care product, except for an over-the-counter drug; or
(2) Manufacture for
sale in Hawaii an over-the-counter drug,
that contains synthetic plastic microbeads.
(c) Beginning July 1, 2022, no person shall
accept for sale an over-the-counter drug that contains synthetic plastic
microbeads.
(d) Any person who violates this section shall be
liable for a civil penalty of up to $1,000 for the first violation and a civil
penalty of up to $2,500 for a second or subsequent violation.
(e) The department shall adopt rules, pursuant to
chapter 91, necessary for the purposes of implementing this section.
(f)
This section shall preempt any county ordinance concerning synthetic
plastic microbeads.
(g) As used in this section:
"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 title 21 Code of Federal
Regulations section 201.66. An "over-the-counter
drug" label includes a drug facts panel or a statement of the active
ingredients with a list of those ingredients contained in the compound,
substance, or preparation.
"Personal care product"
means any 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 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.
"Synthetic plastic microbead"
means any intentionally added non-biodegradable solid plastic particle measuring
less than five millimeters in size and used to exfoliate or cleanse in a
rinse-off product."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Health; Environmental Protection; Synthetic Plastic Microbeads; Prohibitions
Description:
Phases in a prohibition on the manufacture and sale of personal care products containing synthetic plastic microbeads.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
