SECTION 1. Chapter 94 of the General Laws, as appearing in the 2012 official edition, is hereby amended by inserting after Section 192A the following new section:-
Section 192B. (a) as used in this section, the following terms, shall, unless the context clearly indicates otherwise, have the following meanings
"Over the counter drug" means a drug that is a personal care product that contains an over-the-counter drug label that identifies the product as a drug as required by 21 CFR 201.66. An over the counter drug label includes:
(1) A drug facts panel; or
(2) A statement of the active ingredients with a list of those ingredients contained in the compound, substance, or preparation.
"Personal care product" includes (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles. "Personal care product" does not include any prescription drugs.
"Plastic" means a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms retaining their defined shapes during life cycle and after disposal.
"Synthetic plastic microbead" means any intentionally added non-biodegradable solid plastic particle measured less than 5 millimeters in size and is used to exfoliate or cleanse in a rinse-off product.
(b) Effective December 31, 2017, no person shall manufacture for sale a personal care product, except for an over the counter drug, that contains synthetic plastic microbeads as defined in this Section.
(c) Effective December 31, 2018, no person shall accept for sale a personal care product, except for an over the counter drug, that contains synthetic plastic microbeads as defined in this Section.
(d) Effective December 31, 2018, no person shall manufacture for sale an over the counter drug that contains synthetic plastic microbeads as defined in this Section.
(e) Effective December 31, 2019, no person shall accept for sale an over the counter drug that contains synthetic plastic microbeads as defined in this Section.
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