House File 439 - Introduced HOUSE FILE 439 BY HANSON , H. MILLER , LENSING , WINCKLER , ANDERSON , KEARNS , STUTSMAN , BERRY , KELLEY , JACOBY , ISENHART , and GASKILL A BILL FOR An Act prohibiting the production, manufacture, sale, or offer 1 for sale of personal care or dental products containing 2 microbeads in this state, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2278YH (4) 86 ad/nh
H.F. 439 Section 1. NEW SECTION . 455L.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Department” means the department of natural resources 4 created under section 455A.2. 5 2. “Microbead” means any plastic component of a personal 6 care or dental product measured to be five millimeters or less 7 in size. 8 3. a. “Personal care or dental product” means any of the 9 following: 10 (1) An article intended to be rubbed, poured, sprinkled, or 11 sprayed on, introduced into, or otherwise applied to the human 12 body or any part of the human body for cleansing, beautifying, 13 promoting attractiveness, or altering the appearance. 14 (2) An article intended for use as a component of an article 15 described in subparagraph (1). 16 b. “Personal care or dental product” does not include any 17 product for which a prescription is required. 18 Sec. 2. NEW SECTION . 455L.2 Personal care or dental 19 products with microbeads prohibited. 20 A person shall not produce, manufacture, sell, or offer 21 for sale in this state any personal care or dental product 22 that contains microbeads that were intentionally added to the 23 product. 24 Sec. 3. NEW SECTION . 455L.3 Civil actions for compliance 25 —— penalties. 26 1. The attorney general, on request of the department, 27 shall institute any legal proceeding necessary to enforce this 28 chapter, including a proceeding for a temporary injunction, or 29 to prosecute any person for a violation of this chapter or any 30 rule adopted pursuant to this chapter. 31 2. A person who violates this chapter shall be subject to a 32 civil penalty, not to exceed two thousand five hundred dollars 33 for each day of such violation for a first offense, and not to 34 exceed five thousand dollars for each day of such violation for 35 -1- LSB 2278YH (4) 86 ad/nh 1/ 2
H.F. 439 any subsequent offense. 1 Sec. 4. NEW SECTION . 455L.4 Rules. 2 The department shall adopt rules pursuant to chapter 17A to 3 administer this chapter. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill prohibits the production, manufacture, and sale 8 or offer for sale of any personal care or dental product that 9 contains microbeads that were intentionally added to the 10 product. The bill defines “microbead” as any plastic component 11 of a personal care or dental product measured to be five 12 millimeters or less in size. 13 The bill authorizes the attorney general, on request of the 14 department of natural resources, to conduct legal proceedings 15 necessary for enforcement of the bill. The bill provides a 16 maximum civil penalty of $2,500 per day of the violation for 17 a first offense and $5,000 per day of the violation for any 18 subsequent offense. 19 -2- LSB 2278YH (4) 86 ad/nh 2/ 2