California Assembly Bill AB2256 Amended / Bill

 BILL NUMBER: AB 2256AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 12, 2010 INTRODUCED BY Assembly Member Huffman  (   Coauthor:   Assembly Member   Jones   )   (  Coauthors:   Senators   Hancock   and Pavley   )  FEBRUARY 18, 2010 An act to add Chapter 9 (commencing with Section 119420) to Part 15 of Division 104 of the Health and Safety Code, relating to flushable products. LEGISLATIVE COUNSEL'S DIGEST AB 2256, as amended, Huffman. Product labeling: flushable products. Existing law regulates the labeling requirements on various consumer products. This bill would prohibit, on or after January 1, 2012, a person  engaged in the   from  packaging or labeling  of  a consumer product  from distributing, or causing to be distributed, in commerce   for distribution or sale in California  a   if that  product  , that  is contained in a package, or  that  has an affixed label, that states that the product is flushable, sewer and septic safe, or other like term or phrase unless the product meets specified criteria.  The bill would require a person who has packaged or labeled a product for distribution or sale in California that is labeled as flushable, sewer and septic safe, or other like term or phrase, to maintain, in written form, documentation of the testing substantiating the validity of the claim. The bill would exempt certain retailers and wholesalers from these provisions.  The bill would make violation of this provision punishable by a fine of up to $2,500. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) There is currently no consistent or widely accepted definition of what constitutes a "flushable" consumer product. As a result, companies have used their own definitions and methods to determine the flushability of their products. For consumers and wastewater agencies, this means there has been no single reference from which to assess the flushability of products. (b) This lack of consistency has lead to confusion and lack of clarity in the market place as to the appropriateness of disposing certain products via plumbing systems. Where such confusion exists, there is a higher risk that nonflushable products will be flushed down a toilet, which has lead to costly plumbing repairs and extraordinary maintenance problems for sanitary sewer systems and wastewater treatment plants. (c) Products that are poorly designed to be flushed down the toilet can cause sewer blockages, which damage sewer lines and lead to costly sanitary sewer overflows. Damage and overflows present dangers to public health and the environment. (d) A build up of nonflushable products has been shown to cause clogs in sewage pumps, lead to entanglements in sewage treatment equipment, lead to sewer backups in residences, and increase the risk of a sanitary sewer overflow during a storm. (e) An increasing concern among public wastewater agencies is the prevalence of consumer products found in sewage infrastructure around the state that do not breakdown and disintegrate after being flushed down a toilet. (f) The increased maintenance needed to prevent problems from nonflushable products is very costly to public wastewater agencies. (g) It is in the best interests of manufacturers, retailers, consumers, and regulators, as well as wastewater treatment managers and operators, that there be a consistent and clear definition of flushability. (h) To prevent nondispersable or poorly dispersable products from entering sewer systems and potentially causing overflows, it is the intent of the Legislature to define "flushable" in order to assist manufacturers when labeling their products and enable consumers to identify which products are safe to dispose via the plumbing system. SEC. 2. Chapter 9 (commencing with Section 119420) is added to Part 15 of Division 104 of the Health and Safety Code, to read: CHAPTER 9. FLUSHABLE PRODUCTS 119420. (a) On or after January 1, 2012, no person  engaged in the packaging or labeling of a consumer product shall distribute, or cause to be distributed, in commerce in California a product that   shall package or label a consumer product for distribution or sale in California if that product  is contained in a package, or  that  has an affixed label, that states that the product is flushable, sewer and septic safe, or other  like term or phrase unless the product can be safely flushed down a low consumption toilet system of 1.6 gallons or less and can easily clear, in one flush, a four inch drain line.   (b)     For purposes of this section, "safely" means that the product disperses at the same rate as double-ply toilet paper after one flush and is biodegradable pursuant to the Federal Trade Commission standards in Section 260.7 of Title 16 of the Code of Federal Regulations in effect on December 31, 2010.   like term or phrase unless the product has been tested and certified by a third party to meet the acceptance criteria for toilet, drainline, sewage pump, septic tank, aerobic system, and municipal wastewater collection and treatment systems clearance as published in the Guidance Document for Assessing the Flushability of Nonwoven Consumer Products, published by the Association of the Nonwoven Fabrics Industry (INDA), as that document exists on January 1, 2012.   (b) A person who has packaged or labeled a product for distribution or sale in California that is labeled as flushable, sewer and septic safe, or other like term or phrase, shall maintain, in written form, documentation of the testing substantiating the validity of the claim.   (c) For purposes of this section, a wholesaler or retailer who does not initiate a representation by advertising or by placing the representation on a package shall be subject to the provisions of this section.  119421. Violation of this chapter shall be punishable by a fine not to exceed two thousand five hundred dollars ($2,500).