In this subtitle the following words have the meanings indicated. “Biodegradable” means capable of decomposing: In a marine environment; and In wastewater treatment plant processes in accordance with relevant established guidelines identified by the Department, such as: ASTM International; Organisation for Economic Co–operation and Development; International Organization for Standardization; or Other comparable organizations or authorities. “Over–the–counter drug” means a drug that is a personal care product that contains a label, drug fact panel, or list of the active ingredients that identifies the product as a drug as required under 21 C.F.R. Section 201.66 (Format and Content Requirements for Over–the–Counter (OTC) Drug Product Labeling). “Personal care product” means a manufactured good or a component of a manufactured good that is intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body for purposes of cleansing, beautifying, promoting attractiveness, or altering appearance. “Personal care product” does not include a prescription drug. “Plastic” means a synthetic material that is 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 that retain a defined shape during use by a consumer. “Synthetic plastic microbead” means any intentionally added solid plastic particle that is not biodegradeable that: Measures less than 5 millimeters in size; and Is used in a rinse–off personal care product for exfoliation or cleansing purposes.

This subsection does not apply to over–the–counter drugs. On or after December 31, 2017, a person may not manufacture for sale a personal care product that contains synthetic plastic microbeads. On or after December 31, 2018, a person may not accept for sale a personal care product that contains synthetic plastic microbeads. On or after December 31, 2018, a person may not manufacture for sale an over–the–counter drug that contains synthetic plastic microbeads. On or after December 31, 2019, a person may not accept for sale an over–the–counter drug that contains synthetic plastic microbeads.

The Department shall adopt regulations identifying biodegradable guidelines that are acceptable for use by a wastewater treatment plant. The Department shall periodically review the biodegradable guidelines to ensure that the most scientifically effective methods are being utilized to prevent, to the maximum extent practicable, the entrance of synthetic plastic microbeads in the natural aquatic environment of the State.