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[114th Congress Public Law 114]
[From the U.S. Government Publishing Office]

[[Page 129 STAT. 3129]]

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. <<NOTE: Dec. 28, 2015 -  [H.R. 1321]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Microbead-Free 
Waters Act of 2015.>> 
SECTION 1. <<NOTE: 21 USC 301 note.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Effective dates. 21 USC 331 note.>>  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) <<NOTE: 21 USC 331 note.>>  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 129 STAT. 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) <<NOTE: 21 USC 331 note.>>  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:
---------------------------------------------------------------------------

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.

                                  <all>
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