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AMENDED IN ASSEMBLY APRIL 9, 2025

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

94

Introduced by Assembly Member Boerner

February 19, 2025

An act to amend Sections 42361 and 42362 of the Public Resources Code, relating to solid waste.

Vote: majority   Appropriation: no   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

The Plastic Microbeads Nuisance Prevention Law prohibits a person, as defined, from selling or offering for promotional purposes in this state a personal care product containing plastic microbeads that are used to exfoliate or cleanse in a rinse-off product, including, but not limited to, toothpaste. Existing law exempts a product containing less than one part per million (ppm) by weight of plastic microbeads from the prohibition. The Plastic Microbeads Nuisance Prevention Law imposes a civil penalty not to exceed $2,500 per day for each violation of the prohibition, as provided, and authorizes the Attorney General and local officials to enforce the prohibition.

This bill would, on and after January 1, 2029, prohibit a person from selling, offering for sale, distributing, or offering for promotional purposes in this state a personal care product containing plastic glitter, or a personal care product in a non-rinse-off product or a cleaning product containing one ppm or more by weight of plastic microbeads that are used as an abrasive, as specified. The bill would authorize, until January 1, 2030, a person to continue to sell, offer for sale, distribute, or offer for promotional purposes in this state an existing stock of personal care products containing plastic glitter, as specified. By adding these prohibitions to the Plastic Microbeads Nuisance Prevention Law, the bill would impose the civil penalty for violations of these prohibitions.

The people of the State of California do enact as follows:

SECTION 1.

Section 42361 of the Public Resources Code is amended to read:

42361.

As used in this chapter, the following terms have the following meanings:

(a) “Cleaning product” has the same meaning as “designated product” in Section 108952 of the Health and Safety Code.

(b) “Person” means an individual, business, or other entity.

(c) “Personal care product” means an article intended to be rubbed, poured, sprinkled, or sprayed on, introduced to, or otherwise applied to, the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and an article intended for use as a component of that type of article.

(d) “Personal care product” does not include a prescription drug, as defined in Section 110010.2 of the Health and Safety Code.

(e) “Plastic microbead” means an intentionally added solid plastic particle measuring five millimeters or less in every dimension.

SEC. 2.

Section 42362 of the Public Resources Code is amended to read:

42362.

(a) A person shall not sell or offer for promotional purposes in this state a personal care product containing plastic microbeads that are used to exfoliate or cleanse in a rinse-off product, including, but not limited to, toothpaste.

(b) On and after January 1, 2029, a person shall not sell, offer for sale, distribute, or offer for promotional purposes in this state any of the following:

(1) A personal care product containing plastic microbeads that are used as an abrasive to clean, exfoliate, or polish, in a non-rinse-off product.

(2) A cleaning product containing plastic microbeads that are used as an abrasive to clean, exfoliate, or polish.

(3) A personal care product containing plastic glitter.

(c) Notwithstanding subdivision (b), a person, until January 1, 2030, may continue to sell, offer for sale, distribute, or offer for promotional purposes in this state an existing stock of personal care products containing plastic glitter that were acquired and transported into the state before January 1, 2029.