[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1321 Received in Senate (RDS)]

<DOC>
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 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 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)).

            Passed the House of Representatives December 7, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.