New state budget would ban “microbeads”

The budget bills under discussion and possible debate today, first in the Senate, then the House, would ban so-called microbeads, those small plastic chunks that are used as exfoliates and such.

Here’s a summary of the legislation from the Office of Legislative Research:

“The bill phases in bans on manufacturing for sale, importing, selling, or offering for sale personal care products and over-the-counter drugs with intentionally added synthetic solid plastic particles of five millimeters or less in size that are (1) used to exfoliate or cleanse and (2) intended to be rinsed or washed off the body and deposited into a sink, shower, or bathtub drain (i.e., microbeads).

The bill applies to:

1. products, or their components, intended for rubbing, pouring, sprinkling, spraying on, introducing into, or applying to the human body for cleansing, beautifying, promoting attractiveness, or altering its appearance (“personal care products”) and

2. personal care products with labels required by federal regulation identifying them as drugs (“over-the-counter drugs”).

It excludes products the Department of Consumer Protection (DCP) commissioner determines need a prescription to distribute or dispense.

Phased-in Bans

Personal care products. The bill prohibits, beginning December 31, 2017, manufacturing for sale in Connecticut personal care products with microbeads. And, starting December 31, 2018, it bans importing, selling, or offering them for sale.

But if the microbead study described below is not completed by its due date of December 15, 2017, the bans both take effect on July 1, 2018.

Over-the-counter drugs. Beginning December 31, 2018, the bill prohibits manufacturing for sale in Connecticut over-the-counter drugs with microbeads. And beginning December 31, 2019, it prohibits importing, selling, or offering them for sale.

Regulations

The bill allows the DEEP commissioner to adopt regulations, in consultation with the DCP commissioner, to implement the bill’s provisions.

Penalties

Violators of the bans or related DEEP regulations are subject to fines of up to (1) $5,000 for a first violation and (2) $10,000 for subsequent violations.

Biodegradable Microbeads Study

By August 15, 2016, the DEEP commissioner must accept an application on behalf of a personal care product manufacturer, for a study, at the commissioner’s request, by the Connecticut Academy of Science and Engineering (CASE). The study must determine whether a biodegradable microbead is available to use in personal care products that does not adversely impact the environment or publicly owned treatment works in the state.

Under the bill, the application must (1) require the microbead manufacturer to disclose the biodegradable microbead’s chemical parts or composition and (2) be in a form the commissioner prescribes.

The bill requires the commissioner to ask CASE to perform the study once he receives the application. CASE may establish a fee for doing so, which the manufacturer must pay through DEEP.

After receiving the request and fee from the commissioner, CASE must begin the study, which must include:

1. a CASE-appointed study committee to oversee it;

2. use of a CASE-selected research team with biodegradable microbead expertise to conduct relevant research and author the study report; and

3. study committee meetings that allow the applicant, DEEP, and interested people to obtain information about the study.

Under the bill, CASE must complete the study and issue a final study report to the commissioner by December 15, 2017. The commissioner must review the final report and forward it, and any of CASE’s legislative recommendations, to the Environment Committee by February 1, 2018.

The bill exempts from disclosure under the Freedom of Information Act, any study related-information or materials submitted by an applicant to DEEP or CASE that the applicant indicates is a trade secret or privileged at the time of submission.

EFFECTIVE DATE: Upon passage”