2015 - 2016 LEGISLATURE
February 3, 2015 - Introduced by Senators Wirch,
L. Taylor, Carpenter,
Erpenbach, Harris Dodd, Hansen, C. Larson, Lassa, Miller, Risser, Bewley,
Vinehout, Shilling and Ringhand, cosponsored by Representatives Ohnstad,
Barnes, Barca, Berceau, Brostoff, Considine, Danou, Doyle, Goyke,
Hesselbein, Hintz, Johnson, Kolste, Meyers, Milroy, Mason, Pope,
Sargent, Sinicki, Subeck, Spreitzer, Stuck, C. Taylor, Zamarripa, Hebl,
Kessler, Wachs, Young, Billings, Zepnick, Shankland, Genrich, Jorgensen,
Kahl, Bowen and Riemer. Referred to Committee on Natural Resources and
1An Act to create
100.275 of the statutes; relating to: the manufacture, sale, and
2distribution of products containing microbeads and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill generally prohibits, with certain exceptions, the manufacture of a
personal care product containing microbeads (small, nonbiodegradable plastic
particles) beginning January 1, 2016. "Personal care product" is defined in the bill.
The bill also prohibits, with certain exceptions, selling or distributing a personal care
product containing microbeads beginning January 1, 2017.
The bill creates different effective dates for these prohibitions for
over-the-counter drugs. "Over-the-counter drug" is also defined in the bill. Under
this bill, a person may not manufacture a personal care product that is an
over-the-counter drug containing microbeads beginning January 1, 2017, and may
not sell or distribute such a product beginning January 1, 2018. This bill does not
apply to the manufacture, sale, or distribution of prescription drugs.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
100.275 of the statutes is created to read:
1100.275 Products containing synthetic plastic microbeads. (1) 2Definitions.
In this section:
(a) "Over-the-counter drug" means a substance or product that may be 4
dispensed without a prescription and that contains a label which identifies the 5
product as a drug as required by 21 CFR 201.66
(b) "Personal care product" means any article, or a component of any article, 7
that is intended to be applied to or introduced into the human body for cleansing, 8
beautifying, promoting attractiveness, or altering appearance, except that "personal 9
care product" does not include a prescription drug.
(c) "Plastic" means a synthetic material made from linking monomers through 11
a chemical reaction to create an organic polymer chain that can be molded or 12
extruded at high heat into various solid forms that retain their defined shapes 13
throughout their life cycle and after their disposal.
(d) "Synthetic plastic microbead" means any intentionally added 15
nonbiodegradable, solid plastic particle measuring less than 5 millimeters at its 16
(a) Beginning on January 1, 2016, no person may produce 18
or manufacture a personal care product containing synthetic plastic microbeads, 19
except for a product that is an over-the-counter drug.
(b) Beginning on January 1, 2017, no person may do any of the following:
1. Sell, offer for sale, or distribute a personal care product containing synthetic 22
plastic microbeads, except for a product that is an over-the-counter drug.
2. Produce or manufacture a personal care product that is an over-the-counter 24
drug containing synthetic plastic microbeads.
(c) Beginning January 1, 2018, no person may sell, offer for sale, or distribute 2
a personal care product that is an over-the-counter drug containing synthetic 3
4(3) Penalty and enforcement.
Any person who violates sub. (2) shall be 5
required to forfeit not more than $1,000 for the first violation, and not more than 6
$2,500 for each subsequent violation.