[Congressional Record Volume 161, Number 176 (Monday, December 7, 2015)]
[House]
[Pages H9021-H9022]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   MICROBEAD-FREE WATERS ACT OF 2015

  Mr. UPTON. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1321) to prohibit the sale or distribution of cosmetics 
containing synthetic plastic microbeads, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1321

       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)).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Michigan (Mr. Upton) and the gentleman from New Jersey (Mr. Pallone) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Michigan.


                             General Leave

  Mr. UPTON. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
insert extraneous materials in the Record on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Michigan?
  There was no objection.
  Mr. UPTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in strong support of H.R. 1321, the 
Microbead-Free Waters Act of 2015.
  I am pleased to have partnered with my friend, Energy and Commerce 
Committee Ranking Member Frank Pallone from New Jersey, on this very 
important bill to begin the phaseout of plastic microbeads, which you 
can see in this picture, literally the size of a pinhead sometimes on a 
penny, to begin the phaseout of plastic microbeads from personal care 
products on July 1, 2017.
  Many folks might be wondering, what exactly is a microbead? Well, I 
am sure many of you here and at home are using products that contain 
microbeads without even realizing it. Microbeads are those tiny little 
scrubbers in cleansers, body scrubs, and even toothpaste. On their own, 
they are nearly invisible, smaller than a pinhead, as I indicated.
  But once they are flushed down the drain, that is when the problem 
really begins. They are so small they easily flow through the water 
filtration systems and end up in our bodies of water, obviously, 
including the Great Lakes, where I hail from. They are known to absorb 
pollutants and often mistaken as food by fish and wildlife. Simply put, 
microbeads are causing megaproblems.
  As someone who grew up on Lake Michigan and represents a large chunk 
of the Michigan coastline, I understand firsthand how important it is 
to maintain the beauty and integrity of our Great Lakes and all of our 
water systems. The Great Lakes have survived many a foe--severe 
pollution, oil spills, discharge from refineries, zebra mussels, and 
attempts to steal our water, just to name a few. We are going to fight 
any activity that puts our beloved Great Lakes in jeopardy.
  Many State and local governments have created a patchwork of 
differing laws, which creates problems for interstate commerce. This 
bipartisan legislation will also preempt all State and local laws 
related to microbeads in cosmetics, which will ensure certainty for 
manufacturers and other job creators across the country.
  I urge all my colleagues to join me in ending this pesky problem of 
microbeads. They are tiny plastic, but big time pollution. As 
Michigan's Holland Sentinel editorialized this past spring, ``There's 
no reason keeping our faces feeling clean should require us to trash 
our lakes.''
  I urge all Members to support this legislation, and I reserve the 
balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 1321, the Microbead-
Free Waters Act of 2015.
  This legislation sets up a strong Federal program to ban the use of 
plastic microbeads in personal care products. I would like to 
personally thank Chairman Fred Upton for working with me to introduce 
and move this important legislation.
  Plastic microbeads have been in use in cosmetic products, such as 
face washes and toothpaste, for many years. These tiny plastic beads 
are often used as exfoliants, removing dead skin cells from the surface 
of the skin. While these plastic particles are not harmful to the user 
of the product, in recent years, studies have shown that these tiny 
particles that are often washed down the drain are making it through 
the wastewater treatment process and ending up in our Nation's 
waterways. We must put a stop to this unnecessary and avoidable 
pollution.

[[Page H9022]]

  Mr. Speaker, studies conducted in the Great Lakes, the world's 
largest source of freshwater, have turned up alarmingly high levels of 
microplastic. In addition to contributing to the buildup of plastic 
pollution in waterways, microbeads can often be mistaken by fish and 
other organisms as food. I have serious concerns about fish and other 
aquatic life potentially ingesting these particles and the effect this 
could have on humans who consume fish that have ingested the plastic.
  Numerous natural, biodegradable alternatives to plastic microbeads 
already exist in commerce and product supply chains, including apricot 
seeds, walnut shells, and pecan shell powder. Several personal care 
product companies have already announced plans to phase out the use of 
plastic microbeads in their products in favor of natural exfoliants.
  Beginning with Illinois in 2014, nine States have enacted some form 
of a ban on plastic microbeads in personal care products. Yet, in my 
opinion, we need a national solution. Our Nation's waterways do not 
always respect State boundaries. In order to put a stop to these 
plastic particles making their way into our oceans, lakes, and streams, 
we need to ban plastic microbeads in every State.
  The legislation before us today is the product of bipartisan input 
since it has moved through the committee process. Chairman Upton and I 
have worked to strengthen and clarify a number of provisions in the 
bill, most notably, by setting up an aggressive timetable for the 
phaseout of these products, which begins in 2017, earlier than any of 
the currently enacted State laws.
  The legislation exclusively bans the use of biodegradable plastic as 
an alternative ingredient, a loophole that has been discovered in a 
number of existing State laws. Many of the State laws contain a 
provision allowing companies to transition to biodegradable plastic as 
an alternative ingredient, and little is known about the ability of 
these biodegradable plastics to break down in a marine environment.
  The language we used to define the scope of this bill was carefully 
chosen. Plastic microbead is defined as any solid plastic particle that 
is less than 5 millimeters in size and is used to exfoliate or cleanse 
the human body. This definition limiting the scope to exfoliating 
products is also in all nine State-passed laws, and it focuses the 
prohibition on the products currently containing plastic microbeads 
that are being washed down the drain.
  The bill also includes preemption of State laws regulating plastic 
microbeads and cosmetics. While I am typically not a supporter of 
preempting State law, the strong Federal standard we have developed is 
more protective and implementation will occur sooner than in any State 
law in place.
  Mr. Speaker, limiting pollution in our Nation's waterways has always 
been one of my top priorities. It is an issue that helps further 
creation of the Environmental Protection Agency in 1970 after the 
Cuyahoga River in Ohio caught fire. While much progress has been made, 
we must continue our efforts to protect America's waterways. And by 
banning plastic microbeads in personal care products, we are taking one 
more step towards a cleaner and healthier environment in America.

  I urge my colleagues to support this important legislation. Again, 
thank our Chairman Upton, and I reserve the balance of my time.
  Mr. UPTON. Mr. Speaker, I yield myself 1 minute.
  Mr. Speaker, I want to take this time to thank my colleague, Mr. 
Pallone. This was his legislation, which I cosponsored, as he 
indicated. We moved it through regular order, lots of hearings, a 
unanimous vote in subcommittee and full committee, and we want to get 
this bill to the President for him to sign.
  As I have talked to Members of the Great Lakes Coalition, our 
colleagues in the Great Lakes States--Republican and Democrat--but also 
our Senators from the Great Lakes as well, there is huge interest in 
getting this bill to the President. It will, indeed, make a difference. 
The phaseout time was appropriate, so, in essence, we are telling the 
manufacturers to stop making it, and a time then for them to see the 
products off the shelf, so that ultimately, they will not be in 
cosmetics or toothpaste and other personal care products.
  Again, I want to thank the gentleman for his leadership on this. I 
look forward to passing it on a bipartisan vote.
  I yield back the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Let me thank the chairman again. As he pointed out, this truly has 
been a bipartisan effort. There is also a Senate bill that is 
bipartisan that this matches, which I think was a strong indication 
that we can get this bill not only passed here, but also in the Senate 
and get it to the President's desk.
  I should also point out that this is one of those occasions, which 
happens quite a bit, even though people don't realize it, where the 
industry is actually in cooperation with us, and the cosmetic products 
industry supports this initiative as well.
  For all those reasons, let's get the bill passed, and I urge all my 
colleagues to vote ``yes.''
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Michigan (Mr. Upton) that the House suspend the rules 
and pass the bill, H.R. 1321, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended 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.''.
  A motion to reconsider was laid on the table.

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