State ProgramsPlastic Microbeads Nuisance Prevention Law

Section § 42360

Explanation

This law emphasizes the negative impact of plastic pollution, especially microplastics, which do not biodegrade naturally and endanger the environment and human health. Plastic pollution predominantly affects marine environments and poses a public nuisance. Microplastics, those smaller than five millimeters, are ingested by marine life and eventually by humans through seafood consumption. Consumer products like facial cleansers contribute to this issue by containing non-biodegradable plastic microbeads that wastewater treatment cannot filter out. Alternatives to plastic microbeads, such as biodegradable materials, are available and viable.

The Legislature finds and declares all of the following:
(a)CA Public Resources Code § 42360(a) Plastic does not biodegrade into elements or compounds commonly found in nature like other organic materials, but, instead, upon exposure to the elements photodegrades into smaller pieces of plastic causing land and water pollution that is virtually impossible to remediate.
(b)CA Public Resources Code § 42360(b) Plastic pollution is the dominant type of anthropogenic debris found throughout the marine environment.
(c)CA Public Resources Code § 42360(c) Plastic pollution is an environmental and human health hazard and a public nuisance.
(d)CA Public Resources Code § 42360(d) Microplastics that are five millimeters or less in diameter become bioavailable as soon as they enter the marine environment and are ingested by marine organisms.
(e)CA Public Resources Code § 42360(e) Microplastics are persistent organic compounds that attract other pollutants commonly present in the environment, many of which are recognized to have serious deleterious impacts on human health or the environment, including DDT, DDE, PCBs, and flame retardants.
(f)CA Public Resources Code § 42360(f) PAHs, PCBs, and PBDEs from plastic transfer to fish tissue when ingested and bioaccumulate.
(g)CA Public Resources Code § 42360(g) Fish that humans consume have been found to ingest microplastics, which are then ingested by the humans who consume these fish.
(h)CA Public Resources Code § 42360(h) Consumer personal care products such as facial scrubs, soaps, and toothpaste increasingly contain thousands of microplastics in the form of plastic microbeads that are flushed down drains or make their way into the environment by other means as part of their intended use.
(i)CA Public Resources Code § 42360(i) Plastic microbeads in personal care products are generally not recoverable through ordinary wastewater treatment and can be released into the environment.
(j)CA Public Resources Code § 42360(j) Plastic microbeads have been found in surface waters within the United States, as well as in fish, marine mammals, reptiles, mussels, and worms.
(k)CA Public Resources Code § 42360(k) There are economically feasible alternatives to plastic microbeads used in personal care products, as evidenced by the current use of biodegradable, natural, abrasive materials in personal care products such as beeswax, shells, nuts, seeds, and sand.
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Section § 42361

Explanation

This section provides definitions for specific terms used in the chapter. A "person" can be an individual or a business. "Personal care product" refers to items applied to the body for cleaning or beautifying but doesn't include prescription drugs. "Plastic microbead" describes small solid plastic particles used in products.

As used in this chapter, the following terms have the following meanings:
(a)CA Public Resources Code § 42361(a) “Person” means an individual, business, or other entity.
(b)Copy CA Public Resources Code § 42361(b)
(1)Copy CA Public Resources Code § 42361(b)(1) “Personal care product” means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced to, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and an article intended for use as a component of that type of article.
(2)CA Public Resources Code § 42361(b)(2) “Personal care product” does not include a prescription drug, as defined in Section 110010.2 of the Health and Safety Code.
(c)CA Public Resources Code § 42361(c) “Plastic microbead” means an intentionally added solid plastic particle measuring five millimeters or less in every dimension.
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Section § 42362

Explanation

Starting January 1, 2020, it is illegal in California to sell or give away personal care products with plastic microbeads used for exfoliating or cleaning in products that are rinsed off, like toothpaste.

On and after January 1, 2020, a person shall not sell or offer for promotional purposes in this state any personal care products containing plastic microbeads that are used to exfoliate or cleanse in a rinse-off product, including, but not limited to, toothpaste.
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Section § 42363

Explanation

This law states that the restriction in Section 42362 doesn't apply if a personal care product contains a very tiny amount of plastic microbeads, specifically less than 1 part per million by weight.

Section 42362 shall not apply to a person that sells or offers for promotional purposes a personal care product containing plastic microbeads in an amount less than 1 part per million (ppm) by weight.
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Section § 42364

Explanation

This law states that if someone violates or threatens to violate Section 42362, they can be legally stopped by a court. If they have already violated it, they may have to pay a civil penalty of up to $2,500 for each day the violation continues. A court will determine the penalty amount based on factors like the violation's seriousness, its economic impact on the violator, efforts to comply, and whether the penalty will prevent future violations. Legal actions can be initiated by the Attorney General, a district attorney, or city attorneys/prosecutors. The fines collected will go to whichever office initiated the legal action.

(a)CA Public Resources Code § 42364(a) A person who violates or threatens to violate Section 42362 may be enjoined in any court of competent jurisdiction.
(b)Copy CA Public Resources Code § 42364(b)
(1)Copy CA Public Resources Code § 42364(b)(1) A person who has violated Section 42362 is liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) per day for each violation in addition to any other penalty established by law. That civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.
(2)CA Public Resources Code § 42364(b)(2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following:
(A)CA Public Resources Code § 42364(b)(2)(A) The nature and extent of the violation.
(B)CA Public Resources Code § 42364(b)(2)(B) The number of, and severity of, the violations.
(C)CA Public Resources Code § 42364(b)(2)(C) The economic effect of the penalty on the violator.
(D)CA Public Resources Code § 42364(b)(2)(D) Whether the violator took good faith measures to comply with this chapter and when these measures were taken.
(E)CA Public Resources Code § 42364(b)(2)(E) The deterrent effect that the imposition of the penalty would have on both the violator and the regulated community as a whole.
(F)CA Public Resources Code § 42364(b)(2)(F) Any other factor that justice may require.
(c)CA Public Resources Code § 42364(c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city attorney, or by a city prosecutor in a city or city and county having a full-time city prosecutor.
(d)CA Public Resources Code § 42364(d) Civil penalties collected pursuant to this section shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action.
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Section § 42366

Explanation

This law section clarifies that it does not change or reduce any legal responsibilities that already exist by other laws or regulations. It also doesn't provide any new defenses in legal cases. Any penalties or sanctions under this chapter are added on top of any other legal penalties or sanctions that might apply.

This chapter does not alter or diminish any legal obligation otherwise required in common law or by statute or regulation, and this chapter does not create or enlarge any defense in any action to enforce the legal obligation. Penalties and sanctions imposed pursuant to this chapter shall be in addition to any penalties or sanctions otherwise prescribed by law.
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