PUBLIC LAW 114–114—DEC. 28, 2015 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 rinseoff cosmetics containing intentionally-added plastic microbeads. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. 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) 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) 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) 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 

21 USC 331 note. 

Effective dates. 

21 USC 331 note. 

Definition. 

21 USC 301 note. 

Microbead-Free 

Waters Act of 

2015. 

Dec. 28, 2015 

[H.R. 1321] 


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129 STAT. 3130 PUBLIC LAW 114–114—DEC. 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. 

Æ 

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) 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. 

21 USC 331 note. 


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