(a) For the purposes of this section:
(1) “Over-the-counter drug” means any drug that is a personal care product that contains a label that identifies such product as a drug, as required by 21 CFR 201.66, as amended from time to time;
(2) “Personal care product” means any (A) article intended to be rubbed, poured, sprinkled, sprayed on, introduced into or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness or altering the appearance of, (B) article intended for use as a component of any such article described in subparagraph (A) of this subdivision, or (C) over-the-counter drug. “Personal care product” does not include any product for which a prescription is required for distribution or dispensation, as determined by the Commissioner of Consumer Protection; and
(3) “Microbead” means any intentionally added synthetic solid plastic particle measured to be five millimeters or less in size that is used to exfoliate or cleanse and is intended to be rinsed off or washed off the body and consequently deposited into a sink, shower or bathtub drain.
(b) On and after December 31, 2017, no person shall manufacture for sale any personal care product, except for an over-the-counter drug, that contains any intentionally added microbead.
(c) On and after December 31, 2018, no person shall import, sell or offer for sale any personal care product, except for an over-the-counter drug, that contains any intentionally added microbead.
(d) On and after December 31, 2018, no person shall manufacture for sale any over-the-counter drug that contains an intentionally added microbead.
(e) On and after December 31, 2019, no person shall import, sell or offer for sale any over-the-counter drug that contains any intentionally added microbead.
(f) The Commissioner of Energy and Environmental Protection, in consultation with the Commissioner of Consumer Protection, may adopt regulations, in accordance with the provisions of chapter 54, to implement the provisions of this section.
(g) (1) On or before August 15, 2016, the Commissioner of Energy and Environmental Protection shall accept an application on behalf of a manufacturer of a personal care product for the performance of a study, at the request of said commissioner, by the Connecticut Academy of Science and Engineering to determine if a biodegradable microbead is available for use in such personal care product that does not adversely impact the environment or publicly-owned treatment works in this state. Any such application shall require the manufacturer of such biodegradable microbead to disclose the chemical constituents or composition of such microbead. Upon receipt of any such application, in a format as prescribed by the commissioner, the commissioner shall request the Connecticut Academy of Science and Engineering to perform such study. Said academy may establish a fee for the performance of such study and such fee shall be remitted by the applicant to the Department of Energy and Environmental Protection. Upon receipt of such request and such fee from the commissioner, said academy shall commence such study. Such study shall, at a minimum, consist of: (A) A study committee appointed by said academy to oversee such study, (B) the use of an academy-selected research team with expertise in matters relating to biodegradable microbeads to conduct relevant research for such study, including, but not limited to, the fate and transport of microbeads, and author a study report, and (C) study committee meetings that afford the opportunity for such applicant, department and interested persons to obtain information concerning the study's process. The academy shall complete any such study and issue a final study report for such study to the commissioner not later than December 15, 2017. Upon receipt of such final study report, the commissioner shall review such final study report and, not later than February 1, 2018, forward such final study report and any recommendations of said academy for legislation concerning the use of biodegradable microbeads in personal care products to the joint standing committee of the General Assembly having cognizance of matters relating to the environment.
(2) Any information or materials submitted by an applicant to the Department of Energy and Environmental Protection or the Connecticut Academy of Science and Engineering in connection with the performance of the study described in subdivision (1) of this subsection shall not be subject to disclosure pursuant to chapter 14 provided such applicant indicates to the department or academy, at the time of submission, information or materials that such applicant deems a trade secret or privileged in any manner.
(3) In the event that the study described in subdivision (1) of this subsection is not completed on or before December 15, 2017, the manufacturing, selling, importing or offering for sale of any personal care product that contains an intentionally added biodegradable microbead shall be prohibited on and after July 1, 2018.
(h) Any person who violates any of the provisions of subsections (b) to (e), inclusive, of this section or any regulation adopted pursuant to subsection (f) of this section shall be fined not more than five thousand dollars for the first violation and not more than ten thousand dollars for any subsequent violation.
(June Sp. Sess. P.A. 15-5, S. 50; P.A. 16-89, S. 4.)
History: June Sp. Sess. P.A. 15-5 effective June 30, 2015; P.A. 16-89 amended Subsec. (g)(1) to make a technical change, effective June 1, 2016.
Structure Connecticut General Statutes
Title 22a - Environmental Protection
Chapter 446k - Water Pollution Control
Section 22a-422. (Formerly Sec. 25-54a). - Declaration of policy.
Section 22a-423. (Formerly Sec. 25-54b). - Definitions.
Section 22a-424. (Formerly Sec. 25-54c). - Powers and duties of commissioner.
Section 22a-425. (Formerly Sec. 25-54d). - Records.
Section 22a-426. (Formerly Sec. 25-54e). - Standards of water quality.
Section 22a-427. (Formerly Sec. 25-54f). - Pollution or discharge of wastes prohibited.
Section 22a-428. (Formerly Sec. 25-54g). - Orders to municipalities to abate pollution.
Section 22a-428a. - State-wide strategy to reduce phosphorus loading in inland nontidal waters.
Section 22a-429. (Formerly Sec. 25-54h). - Order to person to abate pollution.
Section 22a-430b. - General permits. Certifications by qualified professionals. Regulations.
Section 22a-430c. - Annual inventory of persons and municipalities in significant noncompliance.
Section 22a-432. (Formerly Sec. 25-54k). - Order to correct potential sources of pollution.
Section 22a-433. (Formerly Sec. 25-54l). - Order to landowner.
Section 22a-434. (Formerly Sec. 25-54m). - Filing of order on land records.
Section 22a-435. (Formerly Sec. 25-54n). - Injunction.
Section 22a-436. (Formerly Sec. 25-54o). - Hearing on order to abate.
Section 22a-437. (Formerly Sec. 25-54p). - Appeal.
Section 22a-438. (Formerly Sec. 25-54q). - Forfeiture for violations. Penalties.
Section 22a-439a. - Funds for construction of facilities by state agencies.
Section 22a-441. (Formerly Sec. 25-54t). - Grants for prior construction.
Section 22a-446. (Formerly Sec. 25-54z). - Bond issue.
Section 22a-446a. - Uniform tipping fee at facilities disposing of septic tank pumpings.
Section 22a-449a. - Definitions.
Section 22a-449f. - Application for reimbursement for claims resulting from release of petroleum.
Section 22a-449h. - Extension of time to replace school underground storage tank systems.
Section 22a-449i. - Authority of commissioners unaffected.
Section 22a-449o. - Requirement for double-walled underground storage tanks.
Section 22a-449p. - Milestones for investigation and remediation of a release.
Section 22a-449q. - Storage of underground storage tank system records.
Section 22a-449u. - Bond authorization for underground storage tank petroleum clean-up program.
Section 22a-450a. - Elimination of MTBE as gasoline additive.
Section 22a-451. (Formerly Sec. 25-54ee). - Liability for pollution, contamination or emergency.
Section 22a-451a. - Annual report.
Section 22a-451b. - Expenditures by agencies paid from emergency spill response account.
Section 22a-452b. - Exemptions.
Section 22a-452c. - Definition of “spill”.
Section 22a-452d. - Limitation on liability of innocent landowners: Definitions.
Section 22a-452e. - Limitation on liability of innocent landowners.
Section 22a-452f. - Exemption from liability for certain lenders.
Section 22a-453a. - Oil spill contingency planning and coordination.
Section 22a-454a. - Closure plans. Fees. Regulations.
Section 22a-454b. - Groundwater monitoring. Fees. Regulations.
Section 22a-454c. - Annual fees. Generators of acutely hazardous waste. Facilities.
Section 22a-457a. - Floating boom retention devices required, when. Regulations.
Section 22a-457b. - Limited immunity for certain persons responding to oil spills.
Section 22a-460. (Formerly Sec. 25-54nn). - Detergents: Definitions.
Section 22a-462a. - Microbead prohibitions. Regulations. Study. Penalty.
Section 22a-463. (Formerly Sec. 25-54rr). Polychlorinated biphenyls (PCB - Definitions.
Section 22a-464. (Formerly Sec. 25-54ss). - Restrictions on manufacture, sale or use of PCB.
Section 22a-466. (Formerly Sec. 25-54uu). - Exemptions.
Section 22a-467. (Formerly Sec. 25-54vv). - Disposition of PCB regulated.
Section 22a-468. (Formerly Sec. 25-54ww). - Regulations.
Section 22a-469. (Formerly Sec. 25-54xx). - Penalty.
Section 22a-469a. - Incineration of PCB by public service companies.
Section 22a-471a. - Exemption from potable drinking water orders for persons engaged in agriculture.
Section 22a-471b. - “Person engaged in agriculture” defined.
Section 22a-473. - Exploratory drilling for oil or gas restricted.
Section 22a-474. - Regulations re storage of road salt.
Section 22a-475. - Clean Water Fund: Definitions.
Section 22a-476. - Legislative finding.
Section 22a-477. - Clean Water Fund: Accounts and subaccounts.
Section 22a-480. - Construction of provisions.
Section 22a-481. - Projects with prior funding.
Section 22a-482. - Regulations.
Section 22a-483f. - Public water system improvement program.
Section 22a-484. - Evaluation of improvements to secondary clarifier operations.
Section 22a-485. - Plan required for maintenance of oxygen levels in Long Island Sound.
Section 22a-498. - Creation of stormwater authority. Members. Purposes. Powers.
Section 22a-498a. - Municipal stormwater authority located in a distressed municipality. Powers.
Section 22a-498b. - Delinquent charges due to municipal stormwater authority. Liens.
Section 22a-499. - Joint report re pilot program.
Section 22a-501. - Regional water pollution control authorities: Powers.
Section 22a-502. - Regional water pollution control authorities: Budgets.
Section 22a-503. - Regional water pollution control authorities: Employees. Benefits.
Section 22a-507. - Regional water pollution control authorities: Issuance of bonds. Use of proceeds.
Section 22a-508. - Regional water pollution control authorities: Sale of bonds.
Section 22a-509. - Regional water pollution control authorities: Bonding obligations.
Section 22a-514. - Regional water pollution control authorities: Tax exemption.
Section 22a-518. - Regional water pollution control authorities: Jurisdiction.
Section 22a-521. - Nitrogen reduction in state waters: Definitions.
Section 22a-522. - General permit establishing effluent units for nitrogen.
Section 22a-523. - Nitrogen Credit Advisory Board.
Section 22a-524. - Nitrogen credit exchange program.
Section 22a-525. - Audit of annual operating data.
Section 22a-526. - Regulations.
Section 22a-527. - Annual value of equivalent nitrogen credits.