[HISTORY: Adopted by the County Legislature of Tompkins County
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-17-2015 by L.L. No. 4-2015[1]]
The Legislature hereby makes the following findings and determinations:
A.
The Legislature hereby finds and determines that microbeads, a synthetic
alternative ingredient to such natural materials as ground almonds,
oatmeal, and pumice, found in over 100 personal-care and cosmetic
products, including facial cleansers, shampoos, and toothpastes, pose
a serious threat to Tompkins County's environment. Microbeads
have been documented to collect harmful pollutants, already present
in the environment, and harm fish and other aquatic organisms that
form the base of the aquatic food chain. Microbeads have been found
in high quantity in New York State's water bodies.
B.
Research has indicated that the majority of these microbeads are
entering bodies of water through disposal down household drains following
the use of such personal-care products. Without significant and costly
improvements to Tompkins County's sewage treatment facilities,
microbeads contained in personal-care products will continue to pollute
Cayuga Lake and other water bodies within Tompkins County.
As used in this article, the following terms shall have the
meanings indicated:
Any intentionally added plastic particle measured to be five
millimeters or less in size used to exfoliate or cleanse in a personal-care
product. The presence of microbeads can often be ascertained when
the word "polyethylene" or "polypropylene" or "nylon" appears in the
products ingredient list.
Any product 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, including but not limited to soap, exfoliants,
shampoos, toothpastes, and scrubs, and any article intended for use
as a component of any such product. The term "personal-care product"
shall not include any product for which a prescription is required
for distribution or dispensation as provided in § 281 of
the New York State Public Health Law or § 6810 of New York
State Education Law.
It shall be unlawful in Tompkins County for any person, firm,
corporation, or any other entity, no matter how constructed, to sell,
offer, or expose for sale any personal-care product that contains
microbeads as defined herein.
A.
The County of Tompkins, through its Department of Weights and Measures
("the Department"), shall have sole jurisdiction to enforce the provisions
of this article.
B.
Any person, firm, corporation, or other entity who violates § 121-3 of this article shall be liable to a civil penalty not to exceed $2,500 for each day during which such violation continues, and, in addition thereto, such person, firm, corporation, or other entity may be enjoined from continuing such violation. For a second violation, such person, firm, corporation, or other entity shall be liable to a civil penalty not to exceed $5,000 for each day during which such violation continues, and, in addition thereto, such person, firm, corporation, or other entity may be enjoined from continuing such violation.
C.
The Tompkins County Attorney may bring an action in the name of Tompkins
County or the Tompkins County Department of Weights and Measures to
recover the civil penalty provided by this article in any court of
competent jurisdiction.
This article shall be null and void on the day that state-wide
or federal legislation goes into effect incorporating either the same
or substantially similar provisions as are contained in this article
or in the event that a pertinent state or federal administrative agency
issues and promulgates regulations preempting such action by the County
of Tompkins. The Tompkins County Legislature shall determine by resolution
whether or not identical or substantially similar state-wide or federal
legislation has been enacted for purposes of triggering the provisions
of this section.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, or business shall be adjudged by any
court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article
or its specific application.
