SENATE BILL NO. 503

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding subpart 3 to part 147.

the people of the state of michigan enact:

SUBPART 3

PLASTIC MICROBEADS

Sec. 14731. As used in this subpart:

(a) "Air care product" means a chemically formulated consumer product labeled to indicate that the purpose of the product is to enhance or condition the indoor environment by eliminating unpleasant odors or freshening the air.

(b) "Cleaning product" means either of the following:

(i) An automotive product, general cleaning product, or floor polish or floor maintenance product used primarily for janitorial, household, or institutional cleaning purposes.

(ii) An air care product.

(c) "Department" means the department of environment, Great Lakes, and energy.

(d) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.

(e) "Personal care product" means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for cleansing, beautifying, promoting attractiveness, or altering appearance, whether or not the article is intended to be rinsed off, and any material intended for use as a component of such an article. Personal care product does not include a prescription drug.

(f) "Plastic" means a synthetic material composed of organic polymers produced by linking monomers through a chemical reaction, which may include chemical additives or other substances. Plastic does not include polymers that are naturally occurring and have not been chemically modified.

(g) "Plastic microbead" means an intentionally added solid plastic particle generally measuring 5 millimeters or less in every dimension.

Sec. 14732. A person shall not do any of the following:

(a) Beginning January 1, 2026, manufacture, offer for promotional purposes, sell, or distribute a material that contains plastic microbeads and is intended for use in this state. This subdivision does not apply to a personal care product or cleaning product.

(b) Beginning January 1, 2027, offer for promotional purposes, sell, or distribute a personal care product or cleaning product that contains plastic microbeads and is intended for use in this state. This subdivision does not apply if the amount of plastic microbeads is less than 1 part per million by weight.

Sec. 14733. (1) A person who violates section 14732 or a rule promulgated to implement section 14732 is subject to a civil fine of not more than $2,000.00 per day of violation. The prosecutor of the county in which the violation occurred or the attorney general may bring an action to collect a fine under this subsection. A fine collected shall be deposited in the state general fund.

(2) In determining the amount of a civil fine under subsection (1), the court shall consider all of the following:

(a) The nature and extent of the violation.

(b) The number and severity of violations.

(c) The economic effect of the penalty on the violator.

(d) Whether the violator took good-faith measures to comply with this subpart and when these measures were taken.

(e) The deterrent effect that the imposition of the fine would have on both the violator and other persons regulated under section 14732.

(f) Any other factor that justice may require.

Sec. 14734. The department shall do all of the following:

(a) Administer and enforce this subpart.

(b) Provide on the department's publicly accessible website a summary of the prohibitions of section 14732 and a means for persons to report violations of this subpart.

(c) By July 1, 2028 and each year thereafter, prepare, post on the department's website, and provide to the chairs of the standing legislative committees and appropriations subcommittees with primary responsibility for environmental protection issues a report on both of the following:

(i) The enforcement of this subpart.

(ii) Progress in achieving the goals of section 14732.

Sec. 14735. Pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the department may promulgate rules to implement this subpart.