Fredonia State professor and researcher Dr. Shari Mason speaking to the County Legislature prior to its vote on a local law banning microbeads. She also brought along several commonly used products sold in Chautauqua County that contain microbeads.

MAYVILLE – By a vote of 18-0, the Chautauqua County Legislature has unanimously approved a plan to ban the sale of personal care products containing plastic microbeads.

The law is similar to one also recently enacted in Erie County and will go into effect in February, 2016.

Microbeads are small – some times microscopic – plastic particles found in personal care products such as soaps and exfoliates. When used in a home, they enter the wastewater systems and eventually find their way into regional waterways, including Lake Erie – which has shown to have one of the highest concentrations of microbeads anywhere in North America.

Legislator George Borrello (R-Irving) was the sponsor of the ban, saying it is needed to help deal with a growing concern on Lake Erie and other waterways.

“Tonight we truly have an opportunity to make a difference and to have an immediate and significant impact on our environment, on public health, and also on the local businesses that rely on our lakes and waterways,” Borrello said prior to the vote. “The waters off of Western New York are ground zero for the highest concentration of micro-plastic pollution. So passing this law, like that in Erie County, we are taking actions to reverse this trend as soon as possible.”

County Legislator George Borrello (R-Irving) – the sponsor of a local law banning microbead products – addresses the legislature prior to the vote on Sept. 23, 2015.

In August, Fredonia State professor Dr. Sherri Mason gave a presentation to the committee about the damaging effects that microbeads have had on the ecosystem. Following the vote, she was obviously pleased to learn the ban will likely go into effect.

“I’m extremely pleased,” Dr. Mason Said. “I’m proud that the county that I live in chose to take this seriously, and chose to listen to the science, as opposed to the lobby.”

Earlier in the meeting, a representative from the Personal Care Products Council had addressed the local law, requesting the county instead work toward persuading lawmakers in Albany to pass a statewide ban, rather than local ban.

County executive Vince Horrigan says he will likely hold a public hearing on the proposed ban prior to signing it, just in case there are any local residents or businesses opposed to it and who wish to speak out.

The committee will review a local law prohibiting the sale of personal cosmetic products containing microbeads in Chautauqua County. The law is similar to one also recently enacted in Erie County.

Microbeads are small – some times microscopic – plastic particles found in personal care products such as soaps and exfoliates. When used in a home, they enter the wastewater systems and eventually find their way into regional waterways, including Lake Erie – which has shown to have one of the highest concentrations of microbeads anywhere in North America.

Committee Chair George Borrello of Irving says the proposed ban makes sense, even though some have argued it should be dealt with at the state level, not the local level.

“There’s two parts to this ban. Number one – we can do something that is going to be effective in reducing the microbeads that are currently flowing into the lake every day. Number two – by passing a ban on the sale [of these products] I’m hoping to send a message to Albany that they need to address this issue.”

Last month Fredonia State professor Dr. Sherri Mason gave a presentation to the committee about the damaging effects that microbeads have had on the ecosystem.

Also during last month’s meeting, representatives from the Personal Care Products Council (PCPC) questioned some of Dr. Mason’s findings, while also saying that any band should come from the state level and not the local level in order to ensure uniformity for companies that make the products. They also submitted for the record a memo detailing their concerns regrading the Dr. Mason’s research, as well as the proposed ban.

County Clerk Larry Barmore also said his office would incur a larger cost enforcing the ban, although Borrello feels there could be alternative enforcement methods that didn’t involve added cost to government.

If the committee passes the law, it will go to the County Legislature for its consideration. If the legislature approves the ban, it would then have to be subject to a public hearing before being signed by the county executive.

The Planning and Economic Development Committee begins at 6 p.m. Wednesday on the third floor of the Gerace Office Building in Mayville and is open to the public.

On Wednesday night the legislature’s Planning and Economic Development Committee heard from Fredonia State professor Dr. Sherri Mason, who’s been researching the impact that microbeads have had on the ecosystem of Lake Erie and other waterways.

Dr. Mason explained that microbeads are tiny, plastic particles used in healthcare products to help with the exfoliation process. She said that because the microbeads are plastic, they are not biodegradable and are so small that they pass through wastewater treatment facilities. She once they enter our waterways, they can be ingested by animals and because many contain toxic chemicals, including BPA, they are considered harmful.

Dr. Sherri Mason

“These chemicals, while they are incorporated into the plastic material, are not chemically bound to the plastic,” Dr. Mason explained. “BPA got quite a bit of press because of the fact that it’s well known that it leaches out from the plastic. So a soup can, as it’s sitting on a store shelf, if it is lined in plastic, then the BPA from within that plastic will leach into the soup. And this was the biggest concern with baby bottles and so it was technically banned in baby bottles. We also know that when plastic is sitting in the water, it acts as a chemical sponge [absorbing various toxic chemicals that may be present].”

Dr. Mason said that while the micro beads can be harmful to aquatic life, they can also be harmful to humans who may eat fish that have ingested microbeads. And she said her findings have shown that nearly all species of fish that are pulled from the lake have tested positive for containing chemicals associated with ingesting microbeads.

“Every species that we’ve looked at has had plastic in it. Every species,” Dr. Mason said. “All 25 fish species and the double crested cormorant, that predominantly feeds off these fish, have had plastic in it.”

While Dr. Mason said her research illustrates why it is important to ban products containing microbeads as soon as possible, not everyone is convinced. Also speaking last night were representatives from the Personal Care Products Council (PCPC), a lobbying group that represents the interests of the cosmetic and health industries. A consultant with the group, Dr. Ian Davies, said he has some concerns with Mason’s findings.

“I think that a lot of the research that’s been conducted, the results have been misinterpreted and have been quite misleading,” Dr. Davies said. “The types of microbeads that have generally been found, there really hasn’t been enough data to link them back to our ingredients. For example, our materials are fragments, and not – in fact – spherical particles.”

The PCPC also submitted a written comments providing a detailed list of concerns they had with the research to be put on the record and reviewed by lawmakers.

County Clerk Larry Barmore, right, talks with members of the county’s planning and economic development committee on Wednesday night.

County Clerk Larry Barmore also spoke during the meeting, saying such a ban would have to be enforced by his office’s Department of Weights and Measures, which could lead to an additional cost to the county of $60,000 to $75,000 a year. However, committee chairman George Borello of Hanover said that there could be alternative enforcement methods that didn’t involve added cost to government, such as working with watchdog groups as well as interns to keep an eye out for the products.

Borrello, who’s already gone on the record of favoring a ban, told WRFA this was just the first steps in the process – although he favors acting on doing something sooner rather than later.

“I’m hoping that we can put something together to possible introduce next month,” Borrello said. “But at the end of the day its my hope to do our due diligence and create something that is effective. We could very easily create some piece of feel-good legislation that isn’t very enforceable and doesn’t have any effect. I have no interest in doing that. I want to have something that we can actually work with and that gives us the opportunity to reduce the amount of microbeads going into the lake.”

The County Legislature has the option to enact its own ban on the sale of the microbead products, similar to what Erie County has done. It can also approve a motion requesting lawmakers in Albany initiate a state-wide ban.

Dr. Sherri Mason of Fredonia State presents her findings on the impact microbeads have on Lake Erie during a Wednesday night’s meeting of the legislature’s planning and economic development committee.