[Adopted 10-6-2015 by L.L. No. 32-2015]
This Legislature hereby finds and determines that the County
of Suffolk is a leader in preserving the environment and clean water
for the health, safety and enjoyment of its residents and visitors.
This Legislature also finds and determines that over the past 10 years,
manufacturers of a variety of personal care products added small plastic
beads, commonly known as "microbeads," to their products. This Legislature
further finds and determines that microbeads are made of materials
including, but not limited to, polyethylene, polypropylene plastic,
polyethylene terephthalate, or nylon or poly (methyl) methacrylate.
This Legislature finds that microbeads can be found in facial scrubs,
body wash, toothpaste, soaps and shampoos. This Legislature determines
that microbeads are very small, with many measuring less than one
millimeter. This Legislature also finds that microbeads enter the
wastewater system when a product is used and washed off the body.
Due to their small size, microbeads are not filtered out by wastewater
treatment systems. This Legislature further finds that microbeads
can become coated with toxic chemicals like PCBs, DDT, flame retardants
and other industrial chemicals. This Legislature also determines that
the microbeads are similar in size to the food sources for a number
of fish, leading fish to ingest them and the toxins that cling to
the microbeads, contaminating the food chain. This Legislature further
determines that microbead pollution has been found in the Great Lakes,
the Hudson and Mohawk Rivers, the Erie Canal, as well as the Los Angeles
River and the Pacific Ocean. This Legislature finds that Suffolk County
would be directly impacted by the health hazards associated with contaminated
seafood, should local waterways be polluted with microbeads. This
Legislature also finds that microbeads can be easily replaced in personal
care products by natural exfoliates such as pumice, oatmeal, apricot
and ground walnut husks. This Legislature further determines that
the sale of personal care products containing microbeads has been
banned in the State of Illinois. This Legislature also finds that
Suffolk County should bar products containing microbeads to protect
the Atlantic Ocean, Long Island Sound, and the many surface waters
within the County. Therefore, the purpose of this law is to ban the
sale of personal care products containing microbeads in Suffolk County.
As used in this article, the following terms shall have the
meanings indicated:
An alternative to a synthetic polymer that is derived from
a living organism.
Intentionally added plastic particles used to exfoliate or
cleanse in a rinse-off personal care product that are made of synthetic
polymers or biopolymers, are either entirely solid or hollow, and
measure less than five millimeters in diameter.
Any natural person, individual, corporation, unincorporated
association, proprietorship, firm, partnership, joint venture, joint
stock association or any other entity or business organization of
any kind.
Any consumer product manufactured for use in personal hygiene
and beautification. Personal care products shall include, but not
be limited to, the following: antibacterial soaps; hand soaps; bar
soaps; liquid soaps; facial and body washes; facial and body cleansers;
facial masks; exfoliating products; face, foot and body scrubs; body,
skin and foot polishes; body, skin and foot buffers; body, skin and
foot foams; microtechnology items; acne treatment products; shampoos;
conditioners; toothpaste; shaving creams or gels; and foot care products.
This term shall not apply to any product for which a prescription
is required for distribution or dispensation as provided in NYS Public
Health Law § 281 or NYS Education Law § 6810.
Any 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 the material's life cycle and after disposal.
Effective January 1, 2018, no person shall sell or offer for
sale any personal care product which contains microbeads within the
County of Suffolk, except that this prohibition shall not apply to
any personal care product that is regulated by the United States Food
and Drug Administration until December 31, 2018, or in the case of
over-the-counter drugs until December 31, 2019.
A.
This article shall be enforced by the Department of Health Services.
B.
Beginning on July 1, 2017, the Department of Health Services will
inform retailers selling personal care products of the requirements
of this article.
C.
Enforcement of this article through the random inspection of at least
10 retailers per quarter shall commence on January 1, 2018.
(1)
At each retailer inspected, the Department will select no more than
10 personal care products for inspection to determine which contain
microbeads that are composed of the following ingredients: polyethylene,
polypropylene, polyethylene terephthalate, or nylon or poly (methyl)
methacrylate plastic, or any similar plastic ingredient.
(2)
The Department shall inform the retailer of products screened that
contain impermissible microbeads in this article. A retailer that
continues to offer for sale a personal care product found by the Department
to violate this article shall be issued a notice of violation.
D.
Enforcement of this article shall also be done upon complaint in the manner set forth in Subsection C of this section, with the inspection of at least five retailers associated with complaints per quarter, provided a minimum of five complaints have been received, beginning January 1, 2018. A record of complaints shall be retained by the Department of Health Services for the purposes of effectuating these quarterly inspections. Investigation upon complaint does not have to be completed during the quarter in which the complaint was originally filed.
A.
Any person who violates any portion of this article shall be subject
to a civil fine of up to $500 for a first offense, a fine of up to
$750 for a second offense and a fine of up to $1,000 for all subsequent
violations. Each act in violation of this article shall be considered
a separate and distinct violation.
B.
No penalties shall be imposed by the Department of Health Services
until a hearing is held by the Commissioner or his or her designee
and the alleged violator is given an opportunity to be heard.
The Commissioner of the Suffolk County Department of Health
Services is hereby authorized and empowered to promulgate such rules
and regulations as he or she deems necessary to implement this article.
This article shall apply to all sales of personal care products
occurring on or after the effective date of this article.
This article shall be null and void on the day that federal
and statewide legislation goes into effect, incorporating either the
same or substantially similar provisions as are contained in this
article, or in the event that a pertinent state or federal administrative
agency issues and promulgates regulations preempting such action by
the County of Suffolk. The County Legislature may determine via duly
enacted resolution whether or not identical or substantially similar
federal or statewide legislation or pertinent preempting state or
federal regulations have been enacted for the purpose of triggering
the provisions of this section.
