Connecticut Bans Plastic Microbeads In OTCs, Personal Care Products; Considers Biodegradables
This article was originally published in The Tan Sheet
Executive Summary
The state will accept manufacturers’ applications through Aug. 15, 2016 to use biodegradable plastic microbeads in personal care products. The Connecticut Academy of Science and Engineering will determine the "fate and transport" of proposed microbeads.
OTC drug and personal care product manufacturers have just over a year to apply for potential use of biodegradable microbeads in Connecticut, under the terms of a ban on synthetic plastic microbeads signed into law June 30.
Connecticut's ban, wrapped into the state's 2016-2017 budget
(Sec. 50), will prohibit the manufacture of "intentionally added synthetic solid plastic particle[s] measured to be 5 millimeters or less in size" for use in personal care – rinse-off cleansing or exfoliating – products by the end of 2017, and their sale will be prohibited one year later.
Manufacturing in the state OTC drug products containing microbeads must stop by the end of 2018 and sales of the product a year later.
Firms interested in continuing to use biodegradable substitutes in OTC drugs or personal care products must provide Connecticut's Department of Energy and Environmental Protection with ingredient information, including chemical constituents and composition, by Aug. 15, 2016, as well as pay a yet-established fee for a study on their proposed replacement.
The studies will be conducted by research teams with relevant experience at the non-profit Connecticut Academy of Science and Engineering – patterned after the National Academy of Sciences, according to its website – which will explore "the fate and transport" of the biodegradable microbeads at issue, affording opportunity through committee meetings for applicants and other interested persons to receive updates.
Unlike Illinois and other states that have passed microbead legislation, Connecticut's ban is not limited to "non-biodegradable" plastic, terminology that environmental advocates say provides a loophole for use of replacements that may not represent meaningful improvements.
The legislation includes protections to ensure confidential business information is not disclosed.
According to the bill, final study reports will be due to Connecticut's DEEP by Dec. 15, 2017. The DEEP commissioner will then have until Feb. 1, 2018 to forward the final study report and any recommendations for legislation on use of biodegradable microbeads in personal care products to a joint standing committee of the state's General Assembly.
The legislation notes biodegradable microbeads for which studies are not completed by the Dec. 15, 2017, deadline will be prohibited from use in personal-care products manufactured or sold in the state starting July 1, 2018.
Like other states that have passed cosmetic microbeads legislation, Connecticut aims to cut down on plastic pollution in its waterways by eliminating use of synthetic plastic microbeads, which can wash down consumers' drains and escape filtration in water-treatment plants.
Connecticut's compliance timeline is consistent with that in Illinois, the first state to pass such legislation. Indiana and Wisconsin joined the field in recent weeks, passing legislation for cosmetic microbead bans inspired by Illinois' model.
Unlike Illinois and those states, however, Connecticut's ban does not include language that would limit the measure to "non-biodegradable" plastic microbeads. Environmental advocates have lobbied aggressively for such language to be struck from recent state bills, contending that it provides a loophole for manufacturers to use replacements that may not represent significant ecological improvements over the microbeads widely used at present.
There are questions on whether biodegradable replacement microbeads will break down rapidly in marine environments rather than in specialized industrial composting facilities (Also see "Biodegradable Debate Could Affect PHAs' Viability As Microbead Stand-Ins" - HBW Insight, 11 Jun, 2015.).
California is mulling legislation that, similar to Connecticut's, would ban plastic microbeads outright, regardless of biodegradability considerations, because from state lawmakers' point of view, "plastic is plastic" (Also see "'Plastic Is Plastic' Under California's Pending Microbeads Bill" - HBW Insight, 4 Jun, 2015.).
Firms including Johnson & Johnson oppose to California's bill, calling it overly restrictive. Meanwhile, suppliers of biodegradable microbead replacements, such as TerraVerdae BioWorks, say such blanket bans would not only limit industry's options severely, but also potentially put consumers at risk (Also see "Overreaching Microbeads Legislation Would Be Disservice – TerraVerdae" - HBW Insight, 11 Jun, 2015.).
Congress is considering the Microbead Free Waters Act to fold biodegradables into its proposed microbeads ban, as current definitions in the bill are hazily sketched (Also see "Industry Weighs In On Federal Microbead Bill At Committee Hearing" - HBW Insight, 7 May, 2015.).
(“The Rose Sheet” also published this article.)