Plastic Microbeads Banned in Many US States with Proposed National Legislation in US and Canada

Spurred by preliminary studies indicating that plastic microbeads are accumulating in our waterways with the potential of negatively affecting aquatic ecosystems, state, local and national governments are taking action to ban the use of plastic microbeads in cosmetics and personal care products.

In June 2014, Illinois was the first US state to ban the manufacture for sale or acceptance for sale of any personal care product containing synthetic plastic micro-beads. The timelines for the Illinois law to go into effect will be implemented in phases with the ban of manufacture by end of 2018 and ban the sale of products by end of 2019. (1) (2)

US States Banning Plastic Microbeads

Since then local governments such as Erie County, NY (3) and several states including Colorado (4), Connecticut (5), Indiana (6), Maine (7), New Jersey (8), Wisconsin (9) have followed suit with microbead bans and legislation pending in several other states. Most recently, California legislation passed in the senate 8 September 2015 has been enrolled and presented to the governor. (10)   
 
The terms of these laws typically include a time-phased implementation, detailing the dates when each phase of the ban goes into effect. The majority of laws include a ban on manufacture and sale of products containing plastic microbeads, but some focus only on plastics that are not biodegradable while others may include the prohibition of products for promotional purposes or indicate the possibility that future similar action will be taken for OTC drugs. (3) (10)

Proposed National Legislation

In early March of this year the “Microbead-Free Waters Act of 2015’’ was submitted to the United States congress for consideration. If enacted, the Act will “prohibit the sale or distribution of cosmetics containing synthetic plastic microbeads.” (11) (12) The Canadian government has taken measures as well by proposing that microbeads ”defined as synthetic polymer particles that, at the time of their manufacture, are greater than 0.1 μm and less than or equal to 5 mm in size,” be added to the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA 1999). (13)

References:

(1) Illinois Government News Network – Governor Quinn Signs Bill to Ban Microbeads, Protect Illinois Waterways – 8 June 2014

(2) Illinois General Assembly – An Act concerning safety (LRB098 18329 MGM 53464 b)

(3) Erie County Legislature – A Local Law in relation to prohibiting the sale of personal cosmetic products containing microbeads in Erie County – 3 June 2015

(4) Colorado State Legislature – House Bill 15-1144: Concerning the prohibition of synthetic plastic microbeads in personal care products – 26 March 2015
 
(5) Connecticut State Legislature (limited access to website outside the US)
 
(6) Indiana State Legislature – Prohibition on Certain Products that Contain Microbeads
 
(7) Maine State Legislature – An Act to Prohibit Synthetic Plastic Microbeads in Personal Care Products and Over-the-counter Drugs

(8) New Jersey State Legislature – Senate Committee Substitute for Senate, No. 2178 – 9 October 2014
 
(9) Wisconsin State Legislature – Chapter 299 – Environmental Provisions (299.50 – Products containing synthetic plastics microbeads)

(10) California State Legislature – Assembly Bill No. 888 – Waste management: plastic microbeads

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