[United States Statutes at Large, Volume 129, 114th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 114-114
114th Congress

An Act


 
To amend the Federal Food, Drug, and Cosmetic Act to prohibit the
manufacture and introduction or delivery for introduction into
interstate commerce of rinse-off cosmetics containing intentionally-
added plastic microbeads. <>

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <>
SECTION 1. <>  SHORT TITLE.

This Act may be cited as the ``Microbead-Free Waters Act of 2015''.
SEC. 2. PROHIBITION AGAINST SALE OR DISTRIBUTION OF RINSE-OFF
COSMETICS CONTAINING PLASTIC MICROBEADS.

(a) In General.--Section 301 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 331) is amended by adding at the end the following:
``(ddd)(1) The manufacture or the introduction or delivery for
introduction into interstate commerce of a rinse-off cosmetic that
contains intentionally-added plastic microbeads.
``(2) <>  In this paragraph--
``(A) the term `plastic microbead' means any solid plastic
particle that is less than five millimeters in size and is
intended to be used to exfoliate or cleanse the human body or
any part thereof; and
``(B) the term `rinse-off cosmetic' includes toothpaste.''.

(b) <>  Applicability.--
(1) In general.--The amendment made by subsection (a)
applies--
(A) with respect to manufacturing, beginning on July
1, 2017, and with respect to introduction or delivery
for introduction into interstate commerce, beginning on
July 1, 2018; and
(B) notwithstanding subparagraph (A), in the case of
a rinse-off cosmetic that is a nonprescription drug,
with respect to manufacturing, beginning on July 1,
2018, and with respect to the introduction or delivery
for introduction into interstate commerce, beginning on
July 1, 2019.
(2) Nonprescription drug.--For purposes of this subsection,
the term ``nonprescription drug'' means a drug not subject to
section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 353(b)(1)).

(c) <>  Preemption of State Laws.--No State
or political subdivision of a State may directly or indirectly establish
under any authority or continue in effect restrictions with respect to
the manufacture or introduction or delivery for introduction into
interstate

[[Page 3130]]

commerce of rinse-off cosmetics containing plastic microbeads (as
defined in section 301(ddd) of the Federal Food, Drug, and Cosmetic Act,
as added by subsection (a)) that are not identical to the restrictions
under such section 301(ddd) that have begun to apply under subsection
(b).

(d) <>  Rule of Construction.--Nothing in
this Act (or the amendments made by this Act) shall be construed to
apply with respect to drugs that are not also cosmetics (as such terms
are defined in section 201 of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 321)).

Approved December 28, 2015.

LEGISLATIVE HISTORY--H.R. 1321:
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HOUSE REPORTS: No. 114-371 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD, Vol. 161 (2015):
Dec. 7, considered and passed House.
Dec. 18, considered and passed Senate.