First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 23-0338.01 Yelana Love x2295
SENATE BILL 23-150
Senate Committees House Committees
Business, Labor, & Technology Business Affairs & Labor
A BILL FOR AN ACT
C
ONCERNING A REQUIREMENT THAT CERTAIN PERSONS LABEL101
DISPOSABLE WIPES.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Starting December 31, 2023, the bill requires each entity described
below to label packages of premoistened, nonwoven disposable wipes
(covered product) with the phrase "Do Not Flush":
! A manufacturer of a covered product that is sold or offered
for sale in this state; and
! A wholesaler, supplier, or retailer that is responsible for the
HOUSE
2nd Reading Unamended
March 20, 2023
SENATE
3rd Reading Unamended
March 10, 2023
SENATE
Amended 2nd Reading
March 9, 2023
SENATE SPONSORSHIP
Roberts and Will, Kolker, Cutter, Exum, Fenberg, Hansen, Jaquez Lewis, Marchman,
Moreno, Mullica, Priola, Rodriguez, Zenzinger
HOUSE SPONSORSHIP
Froelich and Frizell, Lukens
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. labeling or packaging of a covered product.
The bill specifies that a knowing or reckless violation of the
requirements of the bill is a deceptive trade practice under the "Colorado
Consumer Protection Act".
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, add article 18.9 to2
title 25 as follows:3
ARTICLE 18.94
Disposable Wipes5
25-18.9-101. Legislative declaration. (1) T
HE GENERAL6
ASSEMBLY HEREBY FINDS AND DECLARES THAT :7
(a) O
VER THE PAST SEVERAL YEARS , CONSUMER DEMAND FOR8
PREMOISTENED, DISPOSABLE WIPE PRODUCTS, INCLUDING BABY WIPES,9
SURFACE CLEANING WIPES , HAND SANITIZING WIPES , AND MAKEUP10
REMOVAL WIPES, HAS SIGNIFICANTLY INCREASED;11
(b) T
HESE WIPE PRODUCTS ARE COMPOSED , ENTIRELY OR IN PART,12
OF PETROCHEMICAL-DERIVED FIBERS THAT WERE NEVER DESIGNED TO BE13
FLUSHED DOWN TOILETS;14
(c) C
ONSUMER CONFUSION HAS RESULTED IN MILLIONS OF THESE15
NONFLUSHABLE WIPES BEING IMPROPERLY DISPOSED OF BY BEING FLUSHED16
DOWN TOILETS;17
(d) W
IPES THAT WERE NOT DESIGNED TO BE FLUSHED DO NOT18
BREAK DOWN LIKE TOILET PAPER, SO WHEN IMPROPERLY DISPOSED OF IN19
TOILETS, THE WIPES OFTEN CAUSE SEWER BLOCKAGE AND OVERFLOW ,20
CLOG PIPES AND MECHANICAL EQUIPMENT , RELEASE PLASTIC MATERIALS21
AND WASTEWATER INTO WATERWAYS , AND BLOCK PRIVATE DRAIN LINES,22
WHICH CAN RESULT IN FLOODED HOMES AND BUSINESSES ;23
150-2- (e) THE NATIONAL ASSOCIATION OF CLEAN WATER AGENCIES HAS1
DETERMINED THAT UNITED STATES MUNICIPALITIES AND WASTEWATER2
TREATMENT PROVIDERS INCUR COSTS IN EXCESS OF ONE BILLION DOLLARS3
ANNUALLY ON MAINTENANCE TO REMOVE CLOGS CAUSED BY WIPES ; AND4
(f) C
LEAR "DO NOT FLUSH" LABELING ON THE PACKAGES FOR5
WIPES THAT ARE NOT DESIGNED TO BE FLUSHED IS A CRITICAL STEP IN6
HELPING CONSUMERS PRACTICE RESPONSIBLE FLUSHING HABITS , WHICH IN7
TURN LEADS TO HEALTHIER HOMES AND COMMUNITIES AND THE8
PROTECTION OF THE ENVIRONMENT , WATERWAYS, AND PUBLIC9
INFRASTRUCTURE USED FOR THE COLLECTION , TRANSPORT, AND10
TREATMENT OF WASTEWATER .11
25-18.9-102. Definitions. A
S USED IN THIS ARTICLE 18.9:12
(1) "C
OVERED ENTITY" MEANS:13
(a) T
HE MANUFACTURER OF A COVERED PRODUCT THAT IS SOLD OR14
OFFERED FOR SALE IN THIS STATE; AND15
(b) A
WHOLESALER, SUPPLIER, OR RETAILER THAT IS RESPONSIBLE16
FOR THE LABELING OR PACKAGING OF A COVERED PRODUCT .17
(2)
"COVERED PRODUCT" MEANS A CONSUMER PRODUCT SOLD18
OR OFFERED FOR SALE IN THIS STATE THAT IS:19
(a) A PREMOISTENED, NONWOVEN DISPOSABLE WIPE MARKETED AS20
A BABY WIPE OR DIAPERING WIPE; OR21
(b) A PREMOISTENED, NONWOVEN DISPOSABLE WIPE THAT IS :22
(I) COMPOSED ENTIRELY OF OR IN PART OF23
PETROCHEMICAL-DERIVED FIBERS; AND24
(II) LIKELY TO BE USED IN A BATHROOM WITH SIGNIFICANT25
POTENTIAL TO BE FLUSHED, INCLUDING BABY WIPES, BATHROOM CLEANING26
WIPES, TOILET CLEANING WIPES , HARD SURFACE CLEANING WIPES ,27
150
-3- DISINFECTING WIPES, HAND SANITIZING WIPES, ANTIBACTERIAL WIPES,1
FACIAL CLEANSING WIPES, MAKEUP REMOVAL WIPES, GENERAL PURPOSE2
CLEANING WIPES, PERSONAL CARE WIPES FOR USE ON THE BODY, FEMININE3
HYGIENE WIPES, ADULT INCONTINENCE WIPES, ADULT HYGIENE WIPES, AND4
BODY CLEANSING WIPES.5
(3) "H
IGH CONTRAST" MEANS:6
(a) T
ONAL CONTRAST THAT IS SHOWN BY EITHER A LIGHT SYMBOL7
ON A SOLID DARK BACKGROUND OR A DARK SYMBOL ON A SOLID LIGHT8
BACKGROUND; AND9
(b) H
AVING AT LEAST SEVENTY PERCENT CONTRAST BETWEEN THE10
SYMBOL ARTWORK AND BACKGROUND USING THE FORMULA [(B1!B2) ÷11
B1]
× 100, WHERE:12
(I) B1
IS THE LIGHT REFLECTANCE VALUE OF THE RELATIVELY13
LIGHTER AREA; AND14
(II) B2
IS THE LIGHT REFLECTANCE VALUE OF THE RELATIVELY15
DARKER AREA.16
(4) "L
ABEL" MEANS A REPRESENTATION MADE BY STATEMENT ,17
WORD, PICTURE, DESIGN, OR EMBLEM ON A COVERED PRODUCT PACKAGE ,18
WHETHER AFFIXED TO OR WRITTEN DIRECTLY ON THE PACKAGE .19
(5) "L
ABEL NOTICE" MEANS:20
(a) T
HE PHRASE "DO NOT FLUSH" IN A SIZE EQUAL TO AT LEAST21
TWO PERCENT OF THE SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL ;22
(b) F
OR COVERED PRODUCTS REGULATED PURSUANT TO THE23
"F
EDERAL HAZARDOUS SUBSTANCES ACT", 15 U.S.C. SEC. 1261 ET SEQ.,24
AS AMENDED, BY THE FEDERAL CONSUMER PRODUCT SAFETY COMMISSION25
UNDER 16 CFR 1500.121, THAT IF AT LEAST TWO PERCENT OF THE26
SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL WOULD RESULT IN A27
150
-4- TYPE SIZE LARGER THAN FIRST AID INSTRUCTIONS PURSUANT TO THE1
"F
EDERAL HAZARDOUS SUBSTANCES ACT", THEN, TO THE EXTENT2
PERMITTED BY FEDERAL LAW, THE PHRASE "DO NOT FLUSH" IN TYPE SIZE3
EQUAL TO OR GREATER THAN THE TYPE SIZE REQUIRED FOR THE FIRST AID4
INSTRUCTIONS; AND5
(c) F
OR COVERED PRODUCTS REQUIRED TO BE REGISTERED BY THE6
FEDERAL ENVIRONMENTAL PROTECTION AGENCY UNDER THE "FEDERAL7
I
NSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", 7 U.S.C. SEC. 136 ET8
SEQ., AS AMENDED, THAT IF AT LEAST TWO PERCENT OF THE SURFACE AREA9
OF THE PRINCIPAL DISPLAY PANEL WOULD RESULT IN A TYPE SIZE ON THE10
PRINCIPAL DISPLAY PANEL LARGER THAN A WARNING PURSUANT TO THE11
"F
EDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", THEN, TO12
THE EXTENT PERMITTED BY FEDERAL LAW , THE PHRASE "DO NOT FLUSH"13
IN A TYPE SIZE EQUAL TO OR GREATER THAN THE TYPE SIZE REQUIRED FOR14
THE "KEEP OUT OF REACH OF CHILDREN" STATEMENT REQUIRED UNDER15
40
CFR 156.66.16
(6) "P
RINCIPAL DISPLAY PANEL" MEANS THE SIDE OF A PRODUCT17
PACKAGE THAT IS MOST LIKELY TO BE DISPLAYED , PRESENTED, OR SHOWN18
UNDER CUSTOMARY CONDITIONS OF DISPLAY FOR RETAIL SALE .19
(7) "S
YMBOL" MEANS THE "DO NOT FLUSH" SYMBOL, OR A20
SYMBOL THAT IS EQUIVALENT, AS DEPICTED IN THE INDA/EDANA CODE21
OF PRACTICE SECOND EDITION AND PUBLISHED WITHIN "GUIDELINES FOR22
A
SSESSING THE FLUSHABILITY OF DISPOSABLE NONWOVEN PRODUCTS",23
E
DITION 4, MAY 2018, WHICH IS IN A SIZE EQUAL TO AT LEAST TWO24
PERCENT OF THE SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL , EXCEPT25
AS SPECIFIED IN SECTION 25-18.9-104 (1)(a)(II)(C).26
25-18.9-103. Determination of surface area of a principal27
150
-5- display panel. (1) F OR A CYLINDRICAL OR NEARLY CYLINDRICAL1
PACKAGE, THE SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL2
CONSTITUTES FORTY PERCENT OF THE PRODUCT PACKAGE AS MEASURED3
BY MULTIPLYING THE HEIGHT OF THE CONTAINER BY THE CIRCUMFERENCE .4
(2) F
OR A FLEXIBLE FILM PACKAGE IN WHICH A RECTANGULAR5
PRISM OR NEARLY RECTANGULAR PRISM STACK OF WIPES IS HOUSED6
WITHIN THE FILM, THE SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL7
IS MEASURED BY MULTIPLYING THE LENGTH BY THE WIDTH OF THE SIDE OF8
THE PACKAGE WHEN THE FLEXIBLE PACKAGING FILM IS PRESSED FLAT9
AGAINST THE STACK OF WIPES ON ALL SIDES OF THE STACK .10
25-18.9-104. Labeling requirements - exceptions. (1) E
XCEPT11
AS PROVIDED IN SUBSECTIONS (2), (3), (4), AND (6) OF THIS SECTION, A12
COVERED PRODUCT MANUFACTURED ON OR AFTER DECEMBER 31, 2023,13
SHALL BE LABELED CLEARLY IN ADHERENCE TO THE FOLLOWING14
REQUIREMENTS:15
(a) F
OR CYLINDRICAL OR NEAR CYLINDRICAL PACKAGING16
INTENDED TO DISPENSE INDIVIDUAL WIPES, A COVERED ENTITY SHALL:17
(I) P
LACE THE SYMBOL AND LABEL NOTICE ON THE PRINCIPAL18
DISPLAY PANEL IN A LOCATION REASONABLY VIEWABLE EACH TIME A WIPE19
IS DISPENSED; OR20
(II) P
LACE THE SYMBOL ON THE PRINCIPAL DISPLAY PANEL AND21
EITHER THE SYMBOL OR LABEL NOTICE , OR THE SYMBOL AND LABEL22
NOTICE IN COMBINATION, ON THE FLIP LID, SUBJECT TO THE FOLLOWING:23
(A) I
F THE LABEL NOTICE DOES NOT APPEAR ON THE FLIP LID, THE24
LABEL NOTICE SHALL BE PLACED ON THE PRINCIPAL DISPLAY PANEL ;25
(B) T
HE SYMBOL OR LABEL NOTICE, OR THE SYMBOL AND LABEL26
NOTICE IN COMBINATION, ON THE FLIP LID MAY BE EMBOSSED , AND IN27
150
-6- THAT CASE ARE NOT REQUIRED TO COMPLY WITH SUBSECTION (1)(f) OF1
THIS SECTION; AND2
(C) T
HE SYMBOL OR LABEL NOTICE, OR THE SYMBOL AND LABEL3
NOTICE IN COMBINATION, ON THE FLIP LID MUST COVER A MINIMUM OF4
EIGHT PERCENT OF THE SURFACE AREA OF THE FLIP LID .5
(b) (I) F
OR FLEXIBLE FILM PACKAGING INTENDED TO DISPENSE6
INDIVIDUAL WIPES, A COVERED ENTITY SHALL:7
(A) P
LACE THE SYMBOL ON BOTH THE PRINCIPAL DISPLAY PANEL8
AND THE DISPENSING SIDE PANEL; AND9
(B) P
LACE THE LABEL NOTICE ON EITHER THE PRINCIPAL DISPLAY10
PANEL OR DISPENSING SIDE PANEL IN A PROMINENT LOCATION11
REASONABLY VISIBLE TO THE USER EACH TIME A WIPE IS DISPENSED .12
(II) I
F THE PRINCIPAL DISPLAY PANEL IS ON THE DISPENSING SIDE13
OF THE PACKAGE, TWO SYMBOLS ARE NOT REQUIRED .14
(c) F
OR REFILLABLE TUBS OR OTHER RIGID PACKAGING INTENDED15
TO DISPENSE INDIVIDUAL WIPES AND BE REUSED BY THE CONSUMER FOR16
THAT PURPOSE, A COVERED ENTITY SHALL PLACE THE SYMBOL AND LABEL17
NOTICE ON THE PRINCIPAL DISPLAY PANEL IN A PROMINENT LOCATION18
REASONABLY VISIBLE TO THE USER EACH TIME A WIPE IS DISPENSED .19
(d) F
OR PACKAGING NOT INTENDED TO DISPENSE INDIVIDUAL20
WIPES, A COVERED ENTITY SHALL PLACE THE SYMBOL AND LABEL NOTICE21
ON THE PRINCIPAL DISPLAY PANEL IN A PROMINENT AND REAS ONABLY22
VISIBLE LOCATION.23
(e) A
COVERED ENTITY SHALL ENSURE THAT THE PACKAGING24
SEAMS, FOLDS, OR OTHER PACKAGE DESIGN ELEMENTS DO NOT OBSCURE25
THE SYMBOL OR THE LABEL NOTICE .26
(f) A
COVERED ENTITY SHALL ENSURE THAT THE SYMBOL AND27
150
-7- LABEL NOTICE HAVE SUFFICIENTLY HIGH CONTRAST WITH THE IMMEDIATE1
BACKGROUND OF THE PACKAGING TO RENDER THE SYMBOL AND LABEL2
NOTICE LIKELY TO BE SEEN AND READ BY AN ORDINARY INDIVIDUAL3
UNDER CUSTOMARY CONDITIONS OF PURCHASE AND USE .4
(2) F
OR COVERED PRODUCTS SOLD IN BULK AT RETAIL , BOTH THE5
OUTER PACKAGE VISIBLE AT RETAIL AND THE INDIVIDUAL PACKAGES6
CONTAINED WITHIN MUST COMPLY WITH THE LABELING REQUIREMENTS IN7
THIS SECTION APPLICABLE TO THE PARTICULAR PACKAGING TYPES , EXCEPT8
FOR:9
(a) I
NDIVIDUAL PACKAGES CONTAINED WITHIN THE OUTER10
PACKAGE THAT ARE NOT INTENDED TO DISPENSE INDIVIDUAL WIPES AND11
CONTAIN NO RETAIL LABELING; AND12
(b) O
UTER PACKAGES THAT DO NOT OBSCURE THE SYMBOL AND13
LABEL NOTICE ON INDIVIDUAL PACKAGES CONTAINED WITHIN .14
(3) I
F A COVERED PRODUCT IS PROVIDED WITHIN THE SAME15
PACKAGING AS ANOTHER CONSUMER PRODUCT FOR USE IN COMBINATION16
WITH THE OTHER CONSUMER PRODUCT , THE OUTSIDE RETAIL PACKAGING17
OF THE OTHER CONSUMER PRODUCT DOES NOT NEED TO COMPLY WITH THE18
LABELING REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION.19
(4) I
F A COVERED PRODUCT IS PROVIDED WITHIN THE SAME20
PACKAGE AS ANOTHER CONSUMER PRODUCT FOR USE IN COMBINATION21
WITH THE OTHER PRODUCT AND IS IN A PACKAGE SMALLER THAN THREE22
INCHES BY THREE INCHES, THE COVERED ENTITY RESPONSIBLE FOR THE23
LABELING OR PACKAGING OF THE COVERED PRODUCT MAY COMPLY WITH24
THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION BY PLACING THE25
SYMBOL AND LABEL NOTICE IN A PROMINENT LOCATION REASONABLY26
VISIBLE TO THE USER OF THE COVERED PRODUCT .27
150
-8- (5) A COVERED ENTITY, DIRECTLY OR THROUGH A CORPORATION ,1
PARTNERSHIP, SUBSIDIARY, DIVISION, TRADE NAME, OR ASSOCIATION IN2
CONNECTION WITH THE MANUFACTURING , LABELING, PACKAGING,3
ADVERTISING, PROMOTION, OFFERING FOR SALE, SALE, OR DISTRIBUTION4
OF A COVERED PRODUCT, SHALL NOT MAKE ANY REPRESENTATION , IN ANY5
MANNER, EXPRESSLY OR BY IMPLICATION, INCLUDING THROUGH THE USE6
OF A PRODUCT NAME , ENDORSEMENT, DEPICTION, ILLUSTRATION,7
TRADEMARK, OR TRADE NAME, ABOUT THE FLUSHABLE ATTRIBUTES ,8
FLUSHABLE BENEFITS, FLUSHABLE PERFORMANCE , OR FLUSHABLE9
EFFICACY OF A COVERED PRODUCT .10
(6) (a) I
F A COVERED PRODUCT IS REQUIRED TO BE REGISTERED BY11
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY UNDER THE12
"F
EDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", 7 U.S.C.13
SEC. 136 ET SEQ., AS AMENDED, AND, TO THE EXTENT NOT PREEMPTED BY
14
7
U.S.C. SEC. 136v (b), BY THE COLORADO
DEPARTMENT OF AGRICULTURE15
UNDER THE "PESTICIDE ACT", ARTICLE 9 OF TITLE 35, THEN THE COVERED16
ENTITY, TO THE EXTENT PERMITTED UNDER FEDERAL LAW , SHALL SUBMIT17
A LABEL COMPLIANT WITH THE LABELING REQUIREMENTS OF THIS SECTION18
NO LATER THAN DECEMBER 31, 2023, TO THE FEDERAL ENVIRONMENTAL19
PROTECTION AGENCY AND, UPON ITS APPROVAL, TO THE DEPARTMENT OF20
AGRICULTURE, WHICH SHALL REVIEW THE LABEL OF THE COVERED21
PRODUCT IN THE MANNER AUTHORIZED UNDER THE "PESTICIDE ACT",22
ARTICLE 9 OF TITLE 35, AND ADMINISTRATIVE RULES ADOPTED UNDER THE23
"P
ESTICIDE ACT", ARTICLE 9 OF TITLE 35.
24
(b) I
F THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY OR THE
25
C
OLORADO DEPARTMENT OF AGRICULTURE
DOES NOT APPROVE A26
PRODUCT LABEL THAT OTHERWISE COMPLIES WITH THE LABELING27
150
-9- REQUIREMENTS OF THIS SECTION , THE COVERED ENTITY SHALL USE A1
LABEL THAT COMPLIES WITH AS MANY OF THE REQUIREMENTS OF THIS2
SECTION AS THE RELEVANT AGENCY HAS APPROVED.3
(7) A
COVERED ENTITY MAY INCLUDE ON A COVERED PRODUCT4
WORDS OR PHRASES IN ADDITION TO THOSE REQUIRED FOR THE LABEL5
NOTICE IF THE WORDS OR PHRASES ARE CONSISTENT WITH THE PURPOSES6
OF THIS SECTION.7
25-18.9-105. Enforcement. A
PERSON THAT, IN THE COURSE OF
8
THE PERSON'S BUSINESS, VOCATION, OR OCCUPATION, VIOLATES SECTION9
25-18.9-104
COMMITS A DECEPTIVE TRADE PRACTICE UNDER THE
10
"C
OLORADO CONSUMER PROTECTION ACT", ARTICLE 1 OF TITLE 6.
11
SECTION 2. In Colorado Revised Statutes, 6-1-105, add12
(1)(uuu) as follows:13
6-1-105. Unfair or deceptive trade practices. (1) A person14
engages in a deceptive trade practice when, in the course of the person's15
business, vocation, or occupation, the person:16
(uuu) V
IOLATES SECTION 25-18.9-104.
17
SECTION 3. Act subject to petition - effective date. This act18
takes effect at 12:01 a.m. on the day following the expiration of the19
ninety-day period after final adjournment of the general assembly; except20
that, if a referendum petition is filed pursuant to section 1 (3) of article V21
of the state constitution against this act or an item, section, or part of this22
act within such period, then the act, item, section, or part will not take23
effect unless approved by the people at the general election to be held in24
November 2024 and, in such case, will take effect on the date of the25
official declaration of the vote thereon by the governor.26
150
-10-