Microbead-Free Waters Act of 2015
PL 114-114 (H.R.1321), enacted 12/28/2015

129 STAT. 3129 
PUBLIC LAW 114–114—DEC. 28, 2015 
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. 
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 sub-
section, 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 subdivi-
sion of a State may directly or indirectly establish under any 
authority or continue in effect restrictions with respect to the manu-
facture 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. 
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 restric-
tions 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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