First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0338.01 Yelana Love x2295
SENATE BILL 23-150
Senate Committees House Committees
Business, Labor, & Technology
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
SENATE SPONSORSHIP
Roberts and Will, Kolker
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
SB23-150-2- (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) (a) "C
OVERED PRODUCT" MEANS A CONSUMER PRODUCT SOLD18
OR OFFERED FOR SALE IN THIS STATE THAT IS:19
(I) A
PREMOISTENED, NONWOVEN DISPOSABLE WIPE MARKETED AS20
A BABY WIPE OR DIAPERING WIPE; OR21
(II) A
PREMOISTENED, NONWOVEN DISPOSABLE WIPE THAT IS :22
(A) C
OMPOSED ENTIRELY OF OR IN PART OF23
PETROCHEMICAL-DERIVED FIBERS; AND24
(B) L
IKELY TO BE USED IN A BATHROOM WITH SIGNIFICANT25
POTENTIAL TO BE FLUSHED.26
(b) "C
OVERED PRODUCT" INCLUDES BABY WIPES, BATHROOM27
SB23-150
-3- CLEANING WIPES, TOILET CLEANING WIPES, HARD SURFACE CLEANING1
WIPES, DISINFECTING WIPES, HAND SANITIZING WIPES, ANTIBACTERIAL2
WIPES, FACIAL CLEANSING WIPES, MAKEUP REMOVAL WIPES , GENERAL3
PURPOSE CLEANING WIPES, PERSONAL CARE WIPES FOR USE ON THE BODY,4
FEMININE HYGIENE WIPES, ADULT INCONTINENCE WIPES, ADULT HYGIENE5
WIPES, AND BODY CLEANSING WIPES.6
(3) "H
IGH CONTRAST" MEANS:7
(a) T
ONAL CONTRAST THAT IS SHOWN BY EITHER A LIGHT SYMBOL8
ON A SOLID DARK BACKGROUND OR A DARK SYMBOL ON A SOLID LIGHT9
BACKGROUND; AND10
(b) H
AVING AT LEAST SEVENTY PERCENT CONTRAST BETWEEN THE11
SYMBOL ARTWORK AND BACKGROUND USING THE FORMULA [(B1!B2) ÷12
B1]
× 100, WHERE:13
(I) B1
IS THE LIGHT REFLECTANCE VALUE OF THE RELATIVELY14
LIGHTER AREA; AND15
(II) B2
IS THE LIGHT REFLECTANCE VALUE OF THE RELATIVELY16
DARKER AREA.17
(4) "L
ABEL" MEANS A REPRESENTATION MADE BY STATEMENT ,18
WORD, PICTURE, DESIGN, OR EMBLEM ON A COVERED PRODUCT PACKAGE ,19
WHETHER AFFIXED TO OR WRITTEN DIRECTLY ON THE PACKAGE .20
(5) "L
ABEL NOTICE" MEANS:21
(a) T
HE PHRASE "DO NOT FLUSH" IN A SIZE EQUAL TO AT LEAST22
TWO PERCENT OF THE SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL ;23
(b) F
OR COVERED PRODUCTS REGULATED PURSUANT TO THE24
"F
EDERAL HAZARDOUS SUBSTANCES ACT", 15 U.S.C. SEC. 1261 ET SEQ.,25
AS AMENDED, BY THE FEDERAL CONSUMER PRODUCT SAFETY COMMISSION26
UNDER 16 CFR 1500.121, THAT IF AT LEAST TWO PERCENT OF THE27
SB23-150
-4- SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL WOULD RESULT IN A1
TYPE SIZE LARGER THAN FIRST AID INSTRUCTIONS PURSUANT TO THE2
"F
EDERAL HAZARDOUS SUBSTANCES ACT", THEN, TO THE EXTENT3
PERMITTED BY FEDERAL LAW, THE PHRASE "DO NOT FLUSH" IN TYPE SIZE4
EQUAL TO OR GREATER THAN THE TYPE SIZE REQUIRED FOR THE FIRST AID5
INSTRUCTIONS; AND6
(c) F
OR COVERED PRODUCTS REQUIRED TO BE REGISTERED BY THE7
FEDERAL ENVIRONMENTAL PROTECTION AGENCY UNDER THE "FEDERAL8
I
NSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", 7 U.S.C. SEC. 136 ET9
SEQ., AS AMENDED, THAT IF AT LEAST TWO PERCENT OF THE SURFACE AREA10
OF THE PRINCIPAL DISPLAY PANEL WOULD RESULT IN A TYPE SIZE ON THE11
PRINCIPAL DISPLAY PANEL LARGER THAN A WARNING PURSUANT TO THE12
"F
EDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", THEN, TO13
THE EXTENT PERMITTED BY FEDERAL LAW , THE PHRASE "DO NOT FLUSH"14
IN A TYPE SIZE EQUAL TO OR GREATER THAN THE TYPE SIZE REQUIRED FOR15
THE "KEEP OUT OF REACH OF CHILDREN" STATEMENT REQUIRED UNDER16
40
CFR 156.66.17
(6) "P
RINCIPAL DISPLAY PANEL" MEANS THE SIDE OF A PRODUCT18
PACKAGE THAT IS MOST LIKELY TO BE DISPLAYED , PRESENTED, OR SHOWN19
UNDER CUSTOMARY CONDITIONS OF DISPLAY FOR RETAIL SALE .20
(7) "S
YMBOL" MEANS THE "DO NOT FLUSH" SYMBOL, OR A21
SYMBOL THAT IS EQUIVALENT, AS DEPICTED IN THE INDA/EDANA CODE22
OF PRACTICE SECOND EDITION AND PUBLISHED WITHIN "GUIDELINES FOR23
A
SSESSING THE FLUSHABILITY OF DISPOSABLE NONWOVEN PRODUCTS",24
E
DITION 4, MAY 2018, WHICH IS IN A SIZE EQUAL TO AT LEAST TWO25
PERCENT OF THE SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL , EXCEPT26
AS SPECIFIED IN SECTION 25-18.9-104 (1)(a)(II)(C).27
SB23-150
-5- 25-18.9-103. Determination of surface area of a principal1
display panel. (1) F
OR A CYLINDRICAL OR NEARLY CYLINDRICAL2
PACKAGE, THE SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL3
CONSTITUTES FORTY PERCENT OF THE PRODUCT PACKAGE AS MEASURED4
BY MULTIPLYING THE HEIGHT OF THE CONTAINER BY THE CIRCUMFERENCE .5
(2) F
OR A FLEXIBLE FILM PACKAGE IN WHICH A RECTANGULAR6
PRISM OR NEARLY RECTANGULAR PRISM STACK OF WIPES IS HOUSED7
WITHIN THE FILM, THE SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL8
IS MEASURED BY MULTIPLYING THE LENGTH BY THE WIDTH OF THE SIDE OF9
THE PACKAGE WHEN THE FLEXIBLE PACKAGING FILM IS PRESSED FLAT10
AGAINST THE STACK OF WIPES ON ALL SIDES OF THE STACK .11
25-18.9-104. Labeling requirements - exceptions. (1) E
XCEPT12
AS PROVIDED IN SUBSECTIONS (2), (3), (4), AND (6) OF THIS SECTION, A13
COVERED PRODUCT MANUFACTURED ON OR AFTER DECEMBER 31, 2023,14
SHALL BE LABELED CLEARLY IN ADHERENCE TO THE FOLLOWING15
REQUIREMENTS:16
(a) F
OR CYLINDRICAL OR NEAR CYLINDRICAL PACKAGING17
INTENDED TO DISPENSE INDIVIDUAL WIPES, A COVERED ENTITY SHALL:18
(I) P
LACE THE SYMBOL AND LABEL NOTICE ON THE PRINCIPAL19
DISPLAY PANEL IN A LOCATION REASONABLY VIEWABLE EACH TIME A WIPE20
IS DISPENSED; OR21
(II) P
LACE THE SYMBOL ON THE PRINCIPAL DISPLAY PANEL AND22
EITHER THE SYMBOL OR LABEL NOTICE , OR THE SYMBOL AND LABEL23
NOTICE IN COMBINATION, ON THE FLIP LID, SUBJECT TO THE FOLLOWING:24
(A) I
F THE LABEL NOTICE DOES NOT APPEAR ON THE FLIP LID, THE25
LABEL NOTICE SHALL BE PLACED ON THE PRINCIPAL DISPLAY PANEL ;26
(B) T
HE SYMBOL OR LABEL NOTICE, OR THE SYMBOL AND LABEL27
SB23-150
-6- NOTICE IN COMBINATION, ON THE FLIP LID MAY BE EMBOSSED , AND IN1
THAT CASE ARE NOT REQUIRED TO COMPLY WITH SUBSECTION (1)(f) OF2
THIS SECTION; AND3
(C) T
HE SYMBOL OR LABEL NOTICE, OR THE SYMBOL AND LABEL4
NOTICE IN COMBINATION, ON THE FLIP LID MUST COVER A MINIMUM OF5
EIGHT PERCENT OF THE SURFACE AREA OF THE FLIP LID .6
(b) (I) F
OR FLEXIBLE FILM PACKAGING INTENDED TO DISPENSE7
INDIVIDUAL WIPES, A COVERED ENTITY SHALL:8
(A) P
LACE THE SYMBOL ON BOTH THE PRINCIPAL DISPLAY PANEL9
AND THE DISPENSING SIDE PANEL; AND10
(B) P
LACE THE LABEL NOTICE ON EITHER THE PRINCIPAL DISPLAY11
PANEL OR DISPENSING SIDE PANEL IN A PROMINENT LOCATION12
REASONABLY VISIBLE TO THE USER EACH TIME A WIPE IS DISPENSED .13
(II) I
F THE PRINCIPAL DISPLAY PANEL IS ON THE DISPENSING SIDE14
OF THE PACKAGE, TWO SYMBOLS ARE NOT REQUIRED .15
(c) F
OR REFILLABLE TUBS OR OTHER RIGID PACKAGING INTENDED16
TO DISPENSE INDIVIDUAL WIPES AND BE REUSED BY THE CONSUMER FOR17
THAT PURPOSE, A COVERED ENTITY SHALL PLACE THE SYMBOL AND LABEL18
NOTICE ON THE PRINCIPAL DISPLAY PANEL IN A PROMINENT LOCATION19
REASONABLY VISIBLE TO THE USER EACH TIME A WIPE IS DISPENSED .20
(d) F
OR PACKAGING NOT INTENDED TO DISPENSE INDIVIDUAL21
WIPES, A COVERED ENTITY SHALL PLACE THE SYMBOL AND LABEL NOTICE22
ON THE PRINCIPAL DISPLAY PANEL IN A PROMINENT AND REASONABLY23
VISIBLE LOCATION.24
(e) A
COVERED ENTITY SHALL ENSURE THAT THE PACKAGING25
SEAMS, FOLDS, OR OTHER PACKAGE DESIGN ELEMENTS DO NOT OBSCURE26
THE SYMBOL OR THE LABEL NOTICE .27
SB23-150
-7- (f) A COVERED ENTITY SHALL ENSURE THAT THE SYMBOL AND1
LABEL NOTICE HAVE SUFFICIENTLY HIGH CONTRAST WITH THE IMMEDIATE2
BACKGROUND OF THE PACKAGING TO RENDER THE SYMBOL AND LABEL3
NOTICE LIKELY TO BE SEEN AND READ BY AN ORDINARY INDIVI DUAL4
UNDER CUSTOMARY CONDITIONS OF PURCHASE AND USE .5
(2) F
OR COVERED PRODUCTS SOLD IN BULK AT RETAIL , BOTH THE6
OUTER PACKAGE VISIBLE AT RETAIL AND THE INDIVIDUAL PACKAGES7
CONTAINED WITHIN MUST COMPLY WITH THE LABELING REQUIREMENTS IN8
THIS SECTION APPLICABLE TO THE PARTICULAR PACKAGING TYPES , EXCEPT9
FOR:10
(a) I
NDIVIDUAL PACKAGES CONTAINED WITHIN THE OUTER11
PACKAGE THAT ARE NOT INTENDED TO DISPENSE INDIVIDUAL WIPES AND12
CONTAIN NO RETAIL LABELING; AND13
(b) O
UTER PACKAGES THAT DO NOT OBSCURE THE SYMBOL AND14
LABEL NOTICE ON INDIVIDUAL PACKAGES CONTAINED WITHIN .15
(3) I
F A COVERED PRODUCT IS PROVIDED WITHIN THE SAME16
PACKAGING AS ANOTHER CONSUMER PRODUCT FOR USE IN COMBINATION17
WITH THE OTHER CONSUMER PRODUCT , THE OUTSIDE RETAIL PACKAGING18
OF THE OTHER CONSUMER PRODUCT DOES NOT NEED TO COMPLY WITH THE19
LABELING REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION.20
(4) I
F A COVERED PRODUCT IS PROVIDED WITHIN THE SAME21
PACKAGE AS ANOTHER CONSUMER PRODUCT FOR USE IN COMBINATION22
WITH THE OTHER PRODUCT AND IS IN A PACKAGE SMALLER THAN THREE23
INCHES BY THREE INCHES, THE COVERED ENTITY RESPONSIBLE FOR THE24
LABELING OR PACKAGING OF THE COVERED PRODUCT MAY COMPLY WITH25
THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION BY PLACING THE26
SYMBOL AND LABEL NOTICE IN A PROMINENT LOCATION REASONABLY27
SB23-150
-8- VISIBLE TO THE USER OF THE COVERED PRODUCT .1
(5) A
COVERED ENTITY, DIRECTLY OR THROUGH A CORPORATION ,2
PARTNERSHIP, SUBSIDIARY, DIVISION, TRADE NAME, OR ASSOCIATION IN3
CONNECTION WITH THE MANUFACTURING , LABELING, PACKAGING,4
ADVERTISING, PROMOTION, OFFERING FOR SALE, SALE, OR DISTRIBUTION5
OF A COVERED PRODUCT, SHALL NOT MAKE ANY REPRESENTATION , IN ANY6
MANNER, EXPRESSLY OR BY IMPLICATION, INCLUDING THROUGH THE USE7
OF A PRODUCT NAME , ENDORSEMENT, DEPICTION, ILLUSTRATION,8
TRADEMARK, OR TRADE NAME, ABOUT THE FLUSHABLE ATTRIBUTES ,9
FLUSHABLE BENEFITS, FLUSHABLE PERFORMANCE , OR FLUSHABLE10
EFFICACY OF A COVERED PRODUCT .11
(6) (a) I
F A COVERED PRODUCT IS REQUIRED TO BE REGISTERED BY12
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY UNDER THE13
"F
EDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", 7 U.S.C.14
SEC. 136 ET SEQ., AS AMENDED, AND THE DEPARTMENT OF AGRICULTURE15
UNDER THE "PESTICIDE ACT", ARTICLE 9 OF TITLE 35, THEN THE COVERED16
ENTITY SHALL SUBMIT A LABEL COMPLIANT WITH THE LABELING17
REQUIREMENTS OF THIS SECTION NO LATER THAN DECEMBER 31, 2023, TO18
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY .19
(b) I
F THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY DOES20
NOT APPROVE A PRODUCT LABEL THAT OTHERWISE COMPLIES WITH THE21
LABELING REQUIREMENTS OF THIS SECTION , THE COVERED ENTITY SHALL22
USE A LABEL THAT COMPLIES WITH AS MANY OF THE REQUIREMENTS OF23
THIS SECTION AS THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY HAS24
APPROVED.25
(7) A
COVERED ENTITY MAY INCLUDE ON A COVERED PRODUCT26
WORDS OR PHRASES IN ADDITION TO THOSE REQUIRED FOR THE LABEL27
SB23-150
-9- NOTICE IF THE WORDS OR PHRASES ARE CONSISTENT WITH THE PURPOSES1
OF THIS SECTION.2
25-18.9-105. Enforcement. A
COVERED ENTITY THAT KNOWINGLY3
OR RECKLESSLY VIOLATES THE LABELING REQUIREMENTS OR ANY OTHER4
REQUIREMENT OR PROHIBITION SPECIFIED IN SECTION 25-18.9-1045
ENGAGES IN A DECEPTIVE TRADE PRACTICE PURS UANT TO SECTION 6-1-1056
(1)(e).7
SECTION 2. Act subject to petition - effective date. This act8
takes effect at 12:01 a.m. on the day following the expiration of the9
ninety-day period after final adjournment of the general assembly; except10
that, if a referendum petition is filed pursuant to section 1 (3) of article V11
of the state constitution against this act or an item, section, or part of this12
act within such period, then the act, item, section, or part will not take13
effect unless approved by the people at the general election to be held in14
November 2024 and, in such case, will take effect on the date of the15
official declaration of the vote thereon by the governor.16
SB23-150
-10-