IB Union Calendar No. 283 114th CONGRESS 1st Session H. R. 1321 [Report No. 114–371] IN THE HOUSE OF REPRESENTATIVES March 4, 2015 Mr. Pallone (for himself and Mr. Upton ) introduced the following bill; which was referred to the Committee on Energy and Commerce December 7, 2015 Additional sponsors: Mr. Kildee , Mr. Connolly , Mr. Price of North Carolina , Mrs. Miller of Michigan , Mr. Farr , Ms. Lofgren , Mr. Lowenthal , Mr. McDermott , Mr. Moulton , Mr. Honda , Mr. DeSaulnier , Mr. Schiff , Mrs. Bustos , Mr. Dold , Mr. Blumenauer , Mr. Beyer , Mr. O'Rourke , Mr. Huffman , Mr. Grijalva , Mr. Ted Lieu of California , Mr. Welch , Mr. Larsen of Washington , Mr. Trott , Mr. DeFazio , Mrs. Napolitano , Mr. Lipinski , Mr. Ellison , Ms. Stefanik , Ms. Schakowsky , Mr. Polis , Ms. Slaughter , Ms. DelBene , Mr. Cicilline , Mrs. Lawrence , Mr. Quigley , and Ms. McCollum December 7, 2015 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on March 4, 2015 A BILL To prohibit the sale or distribution of cosmetics containing synthetic plastic microbeads.

1. Short title This Act may be cited as the Microbead-Free Waters Act of 2015 . 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 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 )).

Amend the title so as to read: A bill 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. .

December 7, 2015 Reported with amendments, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed