Governmental Affairs: October 16, 2015

Microbead legislation receives hearing

Legislators argued over definitions of “biodegradeable” during testimony on legislation to ban nonbiodegreadable plastic microbeads in personal care products and pharmaceuticals. The legislation, HB 4345, which MRA supports, is based on model language adopted by neighboring Great Lakes states that sets a uniform standard for manufacturers and retailers to phase out products. The bill would allow for innovation so that scientists working to develop alternatives may be able to create future products containing biodegradeable plastic microbeads.
Members of the House Natural Resources Committee heard testimony on October 6 from the Michigan Chemistry Council, Personal Care Products Council and MRA member Amway in support of the legislation. Several environmental and fishing groups testified in opposition, mostly concerned with the lack of a timeline it would take for a biodegradeable microbead to fully biodegrade. Democratic lawmakers felt that Michigan should be a leader in protecting the Great Lakes rather than adopting model legislation that does not define biodegreadeable. The Michigan Department of Environmental Quality testified in support of the legislation and explained that state law and department policy already set standards to ensure that wildlife is not harmed by products.

Committee members and the department are planning to continue discussions on language before taking a vote on the bill.

 

Other important items to note:

GROCERY/CONVENIENCE

  • Cigarette sales to minors: The Senate approved legislation on October 6 to increase penalties for selling tobacco products to a minor, from $50 to $100 for a first violation and $500 for a second or subsequent violation. The bill, SB 340, was referred to the House Regulatory Reform Committee.
  • Powdered alcohol ban: Legislation banning the sale of powdered alcohol passed the House and was enrolled on Wednesday. The legislation, SB 240, now heads to the governor’s desk.

LABOR

  • Franchise employee responsibilities: The Senate Commerce Committee reported legislation, SB 492-493, which would clarify when franchise employees that the franchisee pays wages or benefits for are direct employees of that franchisee unless indicated otherwise in the franchise agreement.

PHARMACY

  • Interchangeable biosimilars: Legislation allowing pharmacists to substitute interchangeable biosimilar drugs, or drugs that have the same clinical effect as new biologic drugs, will receive a hearing on Tuesday, October 20. The bill, HB 4437, follows the FDA guidelines for interchangeable drugs and does not include a notification requirement for substitution. MRA supports the legislation and will be testifying before the House Health Policy Committee on the need for a bill without a notification requirement. Another bill that includes notification, HB 4812, is before the committee but will not be considered on Tuesday.

REGULATIONS

  • Drone use: Legislation to limit the use of unmanned aerial drones in airspace above the Michigan Capitol or its grounds without permission from the Capitol Commission was introduced as SB 549. The legislation was referred to the Senate Transportation Committee. Violators would be charged with a misdemeanor and could be required to pay up to $500 and spend up to 93 days in jail.
  • Payment for used tires, wheels, rims: Legislation that would limit payment options for anyone buying or receiving used tires, tire wheels, rims or tire tread was reported by the Senate Regulatory Reform Committee on Wednesday. SB 331 would only allow retailers to pay for these items by check, money order, bank draft, direct deposit or electronic transfer to an account. The bill is driven by law enforcement cracking down on cash payments to limit the sale of stolen tires, rims and other products that feed drug habits in major cities.
  • Sky lantern ban: Legislation to ban the sale or use of unmanned sky lanterns was introduced as SB 562-563. The legislation is similar to bills introduced last month in the House, HB 4857 and HB 4875. Both Senate bills were referred to the Senate Regulatory Reform Committee.

OTHER

  • Service animals: Both chambers have now approved legislation aimed at protecting service animals by prohibiting the impersonation of a service dog and creating a voluntary state vest and ID. The bills, HB 4521 and 4527 and SB 298-299, were presented to the governor on Thursday.