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
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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
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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
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