Microplastics in products.

Existing law requires the Ocean Protection Council, on or before December 31, 2024, to adopt and implement a Statewide Microplastics Strategy related to microplastic materials that pose an emerging concern for ocean health, as provided. Existing law declares the goal of the Statewide Microplastic Strategy to be the increase in the understanding of the scale and risks of microplastic materials on the marine environment and to identify proposed solutions to address the impacts of microplastic materials, to the extent feasible. Existing law requires the council, on or before December 31, 2021, to submit to the Legislature the Statewide Microplastics Strategy, along with recommended policy changes, including statutory changes, that may be needed to implement the strategy. Existing law, the Microbeads Nuisance Prevention Law, prohibits a person from selling or offering for promotional purposes in the state any personal care products containing plastic microbeads that are used to exfoliate or cleanse in a rinse-off product, including, but not limited to, toothpaste. This bill would, on and after specified dates that vary based on the product, ban the sale, distribution in commerce, or offering for promotional purposes in the state of designated products, such as leave-on cosmetic products and waxes and polishes, as defined, if the products contain intentionally added microplastics, as defined, at a concentration equal to or greater than 0.01% weight by weight. The bill would exclude from this ban prescription drugs, as defined, and products consisting, in whole or in part, of specified substances or mixtures containing microplastics. The bill would make a person who violates these provisions liable for a civil penalty not to exceed $2,500 per day for each violation. The bill would authorize the penalty to be assessed and recovered in a civil action brought in any court of competent jurisdiction by the Attorney General or specified local officials. The bill would require the civil penalties collected in an action brought pursuant to the act to be paid to the office that brought the action.