II 
114TH CONGRESS 
1ST SESSION H. R. 1321 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 8, 2015 
Received 
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 cos-
metics containing intentionally-added plastic microbeads. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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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 de-
livery 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, begin-
ning on July 1, 2017, and with respect to intro-
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duction or delivery for introduction into inter-
state commerce, beginning on July 1, 2018; and 
(B) notwithstanding subparagraph (A), in 
the case of a rinse-off cosmetic that is a non-
prescription drug, with respect to manufac-
turing, beginning on July 1, 2018, and with re-
spect to the introduction or delivery for intro-
duction 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 po-
litical subdivision of a State may directly or indirectly es-
tablish under any authority or continue in effect restric-
tions with respect to the manufacture or introduction or 
delivery for introduction into interstate 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). 
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(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)). 
Passed the House of Representatives December 7, 
2015. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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