[Adopted 12-4-2015 by L.L. No. 10-2015]
The Legislature hereby finds and determines that microbeads,
a synthetic alternative ingredient to such natural materials as ground
almonds, oatmeal and pumice, found in over 100 personal care products,
including facial cleansers, shampoos and toothpastes, pose a serious
threat to Albany County's environment.
The Legislature hereby further finds that microbeads have been
documented to collect harmful pollutants, already present in the environment,
and harm fish and other aquatic organisms that form the base of the
aquatic food chain.
The Legislature hereby further finds that microbeads have been
found in high quantity in New York State's water bodies.
The Legislature hereby further finds that research has indicated
that the majority of these microbeads are entering bodies of water
through disposal down household drains following the use of such personal
care products.
The Legislature hereby further finds that without significant
and costly improvements to Albany County's sewage treatment facilities,
microbeads contained in personal care products will continue to pollute
water bodies within Albany County.
As used in this article, the following terms shall have the
meanings indicated:
Any intentionally added plastic particle measured to be five
millimeters or less in size used in a personal care product.
(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, including but not limited to soap, exfoliates,
shampoos, toothpastes and scrubs; or any article intended for use
as a component of any such article. The term "personal care product"
shall not include any product for which a prescription is required
for distribution or dispensation as provided in New York State Public
Health Law § 281 or New York State Education Law § 6810.
It shall be unlawful for any person, firm, corporation or any
other entity no matter how constructed to sell, offer or expose for
sale, give or furnish any personal care product which contains microbeads
as defined herein.
A.
The County of Albany, through its Office of Weights and Measures
("the Office"), in consultation with the Department of Health, shall
have sole jurisdiction to enforce the provisions of this article.
B.
Any person, firm, corporation or other entity who or which violates § 146-19 of this article shall be liable for a civil penalty not to exceed $2,500 for each day during which such violation continues; and in addition thereto, such person, firm, corporation or other entity may be enjoined from continuing such violation. For a second violation, such person, firm, corporation or other entity shall be liable for a civil penalty not to exceed $5,000 for each day during which such violation continues; and in addition thereto, such person, firm, corporation or other entity may be enjoined from continuing such violation.
C.
The Albany County Attorney may bring an action in the name of the
Office to recover the civil penalty provided by this article in any
court of competent jurisdiction.
This article shall become effective 180 days after filing with
the Secretary of State.
