Colorado 2023 Regular Session

Colorado Senate Bill SB150 Compare Versions

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1+First Regular Session
2+Seventy-fourth General Assembly
3+STATE OF COLORADO
4+REVISED
5+This Version Includes All Amendments Adopted
6+on Second Reading in the Second House
7+LLS NO. 23-0338.01 Yelana Love x2295
18 SENATE BILL 23-150
2-BY SENATOR(S) Roberts and Will, Kolker, Cutter, Exum, Hansen,
3-Jaquez Lewis, Marchman, Moreno, Mullica, Priola, Rodriguez, Zenzinger,
4-Fenberg;
5-also REPRESENTATIVE(S) Froelich and Frizell, Lukens, Amabile, Bacon,
6-Bird, Brown, Dickson, English, Jodeh, Kipp, Lindsay, Lynch, Mabrey,
7-Mauro, McLachlan, Michaelson Jenet, Ricks, Sirota, Snyder, Story, Titone,
8-Valdez, Vigil, Willford, Woodrow.
9+Senate Committees House Committees
10+Business, Labor, & Technology Business Affairs & Labor
11+A BILL FOR AN ACT
912 C
10-ONCERNING A REQUIREMENT THAT CERTAIN PERSONS LABEL DISPOSABLE
11-WIPES
12-.
13-Be it enacted by the General Assembly of the State of Colorado:
14-SECTION 1. In Colorado Revised Statutes, add article 18.9 to title
15-25 as follows:
16-ARTICLE 18.9
17-Disposable Wipes
13+ONCERNING A REQUIREMENT THAT CERTAIN PERSONS LABEL101
14+DISPOSABLE WIPES.102
15+Bill Summary
16+(Note: This summary applies to this bill as introduced and does
17+not reflect any amendments that may be subsequently adopted. If this bill
18+passes third reading in the house of introduction, a bill summary that
19+applies to the reengrossed version of this bill will be available at
20+http://leg.colorado.gov
21+.)
22+Starting December 31, 2023, the bill requires each entity described
23+below to label packages of premoistened, nonwoven disposable wipes
24+(covered product) with the phrase "Do Not Flush":
25+! A manufacturer of a covered product that is sold or offered
26+for sale in this state; and
27+! A wholesaler, supplier, or retailer that is responsible for the
28+HOUSE
29+2nd Reading Unamended
30+March 20, 2023
31+SENATE
32+3rd Reading Unamended
33+March 10, 2023
34+SENATE
35+Amended 2nd Reading
36+March 9, 2023
37+SENATE SPONSORSHIP
38+Roberts and Will, Kolker, Cutter, Exum, Fenberg, Hansen, Jaquez Lewis, Marchman,
39+Moreno, Mullica, Priola, Rodriguez, Zenzinger
40+HOUSE SPONSORSHIP
41+Froelich and Frizell, Lukens
42+Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
43+Capital letters or bold & italic numbers indicate new material to be added to existing law.
44+Dashes through the words or numbers indicate deletions from existing law. labeling or packaging of a covered product.
45+The bill specifies that a knowing or reckless violation of the
46+requirements of the bill is a deceptive trade practice under the "Colorado
47+Consumer Protection Act".
48+Be it enacted by the General Assembly of the State of Colorado:1
49+SECTION 1. In Colorado Revised Statutes, add article 18.9 to2
50+title 25 as follows:3
51+ARTICLE 18.94
52+Disposable Wipes5
1853 25-18.9-101. Legislative declaration. (1) T
19-HE GENERAL ASSEMBLY
20-HEREBY FINDS AND DECLARES THAT
21-:
22-NOTE: This bill has been prepared for the signatures of the appropriate legislative
23-officers and the Governor. To determine whether the Governor has signed the bill
24-or taken other action on it, please consult the legislative status sheet, the legislative
25-history, or the Session Laws.
26-________
27-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28-through words or numbers indicate deletions from existing law and such material is not part of
29-the act. (a) OVER THE PAST SEVERAL YEARS , CONSUMER DEMAND FOR
30-PREMOISTENED
31-, DISPOSABLE WIPE PRODUCTS , INCLUDING BABY WIPES,
32-SURFACE CLEANING WIPES, HAND SANITIZING WIPES, AND MAKEUP REMOVAL
33-WIPES
34-, HAS SIGNIFICANTLY INCREASED;
54+HE GENERAL6
55+ASSEMBLY HEREBY FINDS AND DECLARES THAT :7
56+(a) O
57+VER THE PAST SEVERAL YEARS , CONSUMER DEMAND FOR8
58+PREMOISTENED, DISPOSABLE WIPE PRODUCTS, INCLUDING BABY WIPES,9
59+SURFACE CLEANING WIPES , HAND SANITIZING WIPES , AND MAKEUP10
60+REMOVAL WIPES, HAS SIGNIFICANTLY INCREASED;11
3561 (b) T
36-HESE WIPE PRODUCTS ARE COMPOSED , ENTIRELY OR IN PART, OF
37-PETROCHEMICAL
38--DERIVED FIBERS THAT WERE NEVER DESIGNED TO BE
39-FLUSHED DOWN TOILETS
40-;
62+HESE WIPE PRODUCTS ARE COMPOSED , ENTIRELY OR IN PART,12
63+OF PETROCHEMICAL-DERIVED FIBERS THAT WERE NEVER DESIGNED TO BE13
64+FLUSHED DOWN TOILETS;14
4165 (c) C
42-ONSUMER CONFUSION HAS RESULTED IN MILLIONS OF THESE
43-NONFLUSHABLE WIPES BEING IMPROPERLY DISPOSED OF BY BEING FLUSHED
44-DOWN TOILETS
45-;
66+ONSUMER CONFUSION HAS RESULTED IN MILLIONS OF THESE15
67+NONFLUSHABLE WIPES BEING IMPROPERLY DISPOSED OF BY BEING FLUSHED16
68+DOWN TOILETS;17
4669 (d) W
47-IPES THAT WERE NOT DESIGNED TO BE FLUSHED DO NOT BREAK
48-DOWN LIKE TOILET PAPER
49-, SO WHEN IMPROPERLY DISPOSED OF IN TOILETS ,
50-THE WIPES OFTEN CAUSE SEWER BLOCKAGE AND OVERFLOW , CLOG PIPES AND
51-MECHANICAL EQUIPMENT
52-, RELEASE PLASTIC MATERIALS AND WASTEWATER
53-INTO WATERWAYS
54-, AND BLOCK PRIVATE DRAIN LINES, WHICH CAN RESULT
55-IN FLOODED HOMES AND BUSINESSES
56-;
57-(e) T
58-HE NATIONAL ASSOCIATION OF CLEAN WATER AGENCIES HAS
59-DETERMINED THAT
60-UNITED STATES MUNICIPALITIES AND WASTEWATER
61-TREATMENT PROVIDERS INCUR COSTS IN EXCESS OF ONE BILLION DOLLARS
62-ANNUALLY ON MAINTENANCE TO REMOVE CLOGS CAUSED BY WIPES
63-; AND
64-(f) CLEAR "DO NOT FLUSH" LABELING ON THE PACKAGES FOR WIPES
65-THAT ARE NOT DESIGNED TO BE FLUSHED IS A CRITICAL STEP IN HELPING
66-CONSUMERS PRACTICE RESPONSIBLE FLUSHING HABITS
67-, WHICH IN TURN
68-LEADS TO HEALTHIER HOMES AND COMMUNITIES AND THE PROTECTION OF
69-THE ENVIRONMENT
70-, WATERWAYS, AND PUBLIC INFRASTRUCTURE USED FOR
71-THE COLLECTION
72-, TRANSPORT, AND TREATMENT OF WASTEWATER .
70+IPES THAT WERE NOT DESIGNED TO BE FLUSHED DO NOT18
71+BREAK DOWN LIKE TOILET PAPER, SO WHEN IMPROPERLY DISPOSED OF IN19
72+TOILETS, THE WIPES OFTEN CAUSE SEWER BLOCKAGE AND OVERFLOW ,20
73+CLOG PIPES AND MECHANICAL EQUIPMENT , RELEASE PLASTIC MATERIALS21
74+AND WASTEWATER INTO WATERWAYS , AND BLOCK PRIVATE DRAIN LINES,22
75+WHICH CAN RESULT IN FLOODED HOMES AND BUSINESSES ;23
76+150-2- (e) THE NATIONAL ASSOCIATION OF CLEAN WATER AGENCIES HAS1
77+DETERMINED THAT UNITED STATES MUNICIPALITIES AND WASTEWATER2
78+TREATMENT PROVIDERS INCUR COSTS IN EXCESS OF ONE BILLION DOLLARS3
79+ANNUALLY ON MAINTENANCE TO REMOVE CLOGS CAUSED BY WIPES ; AND4
80+(f) C
81+LEAR "DO NOT FLUSH" LABELING ON THE PACKAGES FOR5
82+WIPES THAT ARE NOT DESIGNED TO BE FLUSHED IS A CRITICAL STEP IN6
83+HELPING CONSUMERS PRACTICE RESPONSIBLE FLUSHING HABITS , WHICH IN7
84+TURN LEADS TO HEALTHIER HOMES AND COMMUNITIES AND THE8
85+PROTECTION OF THE ENVIRONMENT , WATERWAYS, AND PUBLIC9
86+INFRASTRUCTURE USED FOR THE COLLECTION , TRANSPORT, AND10
87+TREATMENT OF WASTEWATER .11
7388 25-18.9-102. Definitions. A
74-S USED IN THIS ARTICLE 18.9:
89+S USED IN THIS ARTICLE 18.9:12
7590 (1) "C
76-OVERED ENTITY" MEANS:
91+OVERED ENTITY" MEANS:13
7792 (a) T
78-HE MANUFACTURER OF A COVERED PRODUCT THAT IS SOLD OR
79-OFFERED FOR SALE IN THIS STATE
80-; AND
81-(b) A WHOLESALER, SUPPLIER, OR RETAILER THAT IS RESPONSIBLE
82-PAGE 2-SENATE BILL 23-150 FOR THE LABELING OR PACKAGING OF A COVERED PRODUCT .
83-(2) "C
84-OVERED PRODUCT" MEANS A CONSUMER PRODUCT SOLD OR
85-OFFERED FOR SALE IN THIS STATE THAT IS
86-:
87-(a) A
88- PREMOISTENED, NONWOVEN DISPOSABLE WIPE MARKETED AS
89-A BABY WIPE OR DIAPERING WIPE
90-; OR
91-(b) A PREMOISTENED, NONWOVEN DISPOSABLE WIPE THAT IS :
92-(I) C
93-OMPOSED ENTIRELY OF OR IN PART OF PETROCHEMICAL -DERIVED
94-FIBERS
95-; AND
96-(II) LIKELY TO BE USED IN A BATHROOM WITH SIGNIFICANT
97-POTENTIAL TO BE FLUSHED
98-, INCLUDING BABY WIPES, BATHROOM CLEANING
99-WIPES
100-, TOILET CLEANING WIPES , HARD SURFACE CLEANING WIPES ,
101-DISINFECTING WIPES, HAND SANITIZING WIPES, ANTIBACTERIAL WIPES,
102-FACIAL CLEANSING WIPES, MAKEUP REMOVAL WIPES , GENERAL PURPOSE
103-CLEANING WIPES
104-, PERSONAL CARE WIPES FOR USE ON THE BODY , FEMININE
105-HYGIENE WIPES
106-, ADULT INCONTINENCE WIPES, ADULT HYGIENE WIPES, AND
107-BODY CLEANSING WIPES
108-.
93+HE MANUFACTURER OF A COVERED PRODUCT THAT IS SOLD OR14
94+OFFERED FOR SALE IN THIS STATE; AND15
95+(b) A
96+ WHOLESALER, SUPPLIER, OR RETAILER THAT IS RESPONSIBLE16
97+FOR THE LABELING OR PACKAGING OF A COVERED PRODUCT .17
98+(2)
99+ "COVERED PRODUCT" MEANS A CONSUMER PRODUCT SOLD18
100+OR OFFERED FOR SALE IN THIS STATE THAT IS:19
101+(a) A PREMOISTENED, NONWOVEN DISPOSABLE WIPE MARKETED AS20
102+A BABY WIPE OR DIAPERING WIPE; OR21
103+(b) A PREMOISTENED, NONWOVEN DISPOSABLE WIPE THAT IS :22
104+(I) COMPOSED ENTIRELY OF OR IN PART OF23
105+PETROCHEMICAL-DERIVED FIBERS; AND24
106+(II) LIKELY TO BE USED IN A BATHROOM WITH SIGNIFICANT25
107+POTENTIAL TO BE FLUSHED, INCLUDING BABY WIPES, BATHROOM CLEANING26
108+WIPES, TOILET CLEANING WIPES , HARD SURFACE CLEANING WIPES ,27
109+150
110+-3- DISINFECTING WIPES, HAND SANITIZING WIPES, ANTIBACTERIAL WIPES,1
111+FACIAL CLEANSING WIPES, MAKEUP REMOVAL WIPES, GENERAL PURPOSE2
112+CLEANING WIPES, PERSONAL CARE WIPES FOR USE ON THE BODY, FEMININE3
113+HYGIENE WIPES, ADULT INCONTINENCE WIPES, ADULT HYGIENE WIPES, AND4
114+BODY CLEANSING WIPES.5
109115 (3) "H
110-IGH CONTRAST" MEANS:
116+IGH CONTRAST" MEANS:6
111117 (a) T
112-ONAL CONTRAST THAT IS SHOWN BY EITHER A LIGHT SYMBOL ON
113-A SOLID DARK BACKGROUND OR A DARK SYMBOL ON A SOLID LIGHT
114-BACKGROUND
115-; AND
116-(b) HAVING AT LEAST SEVENTY PERCENT CONTRAST BETWEEN THE
117-SYMBOL ARTWORK AND BACKGROUND USING THE FORMULA
118-[(B1!B2) ÷ B1]
119-×
120- 100, WHERE:
118+ONAL CONTRAST THAT IS SHOWN BY EITHER A LIGHT SYMBOL7
119+ON A SOLID DARK BACKGROUND OR A DARK SYMBOL ON A SOLID LIGHT8
120+BACKGROUND; AND9
121+(b) H
122+AVING AT LEAST SEVENTY PERCENT CONTRAST BETWEEN THE10
123+SYMBOL ARTWORK AND BACKGROUND USING THE FORMULA [(B1!B2) ÷11
124+B1]
125+ × 100, WHERE:12
121126 (I) B1
122- IS THE LIGHT REFLECTANCE VALUE OF THE RELATIVELY
123-LIGHTER AREA
124-; AND
125-(II) B2 IS THE LIGHT REFLECTANCE VALUE OF THE RELATIVELY
126-DARKER AREA
127-.
127+ IS THE LIGHT REFLECTANCE VALUE OF THE RELATIVELY13
128+LIGHTER AREA; AND14
129+(II) B2
130+ IS THE LIGHT REFLECTANCE VALUE OF THE RELATIVELY15
131+DARKER AREA.16
128132 (4) "L
129-ABEL" MEANS A REPRESENTATION MADE BY STATEMENT ,
130-WORD, PICTURE, DESIGN, OR EMBLEM ON A COVERED PRODUCT PACKAGE ,
131-PAGE 3-SENATE BILL 23-150 WHETHER AFFIXED TO OR WRITTEN DIRECTLY ON THE PACKAGE .
133+ABEL" MEANS A REPRESENTATION MADE BY STATEMENT ,17
134+WORD, PICTURE, DESIGN, OR EMBLEM ON A COVERED PRODUCT PACKAGE ,18
135+WHETHER AFFIXED TO OR WRITTEN DIRECTLY ON THE PACKAGE .19
132136 (5) "L
133-ABEL NOTICE" MEANS:
137+ABEL NOTICE" MEANS:20
134138 (a) T
135-HE PHRASE "DO NOT FLUSH" IN A SIZE EQUAL TO AT LEAST TWO
136-PERCENT OF THE SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL
137-;
139+HE PHRASE "DO NOT FLUSH" IN A SIZE EQUAL TO AT LEAST21
140+TWO PERCENT OF THE SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL ;22
138141 (b) F
139-OR COVERED PRODUCTS REGULATED PURSUANT TO THE
140-"FEDERAL HAZARDOUS SUBSTANCES ACT", 15 U.S.C. SEC. 1261 ET SEQ., AS
141-AMENDED
142-, BY THE FEDERAL CONSUMER PRODUCT SAFETY COMMISSION
143-UNDER
144-16 CFR 1500.121, THAT IF AT LEAST TWO PERCENT OF THE SURFACE
145-AREA OF THE PRINCIPAL DISPLAY PANEL WOULD RESULT IN A TYPE SIZE
146-LARGER THAN FIRST AID INSTRUCTIONS PURSUANT TO THE
147-"FEDERAL
148-HAZARDOUS SUBSTANCES ACT", THEN, TO THE EXTENT PERMITTED BY
149-FEDERAL LAW
150-, THE PHRASE "DO NOT FLUSH" IN TYPE SIZE EQUAL TO OR
151-GREATER THAN THE TYPE SIZE REQUIRED FOR THE FIRST AID INSTRUCTIONS
152-;
153-AND
154-(c) FOR COVERED PRODUCTS REQUIRED TO BE REGISTERED BY THE
155-FEDERAL ENVIRONMENTAL PROTECTION AGENCY UNDER THE
156-"FEDERAL
157-INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", 7 U.S.C. SEC. 136 ET
158-SEQ
159-., AS AMENDED, THAT IF AT LEAST TWO PERCENT OF THE SURFACE AREA
160-OF THE PRINCIPAL DISPLAY PANEL WOULD RESULT IN A TYPE SIZE ON THE
161-PRINCIPAL DISPLAY PANEL LARGER THAN A WARNING PURSUANT TO THE
162-"FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", THEN, TO THE
163-EXTENT PERMITTED BY FEDERAL LAW
164-, THE PHRASE "DO NOT FLUSH" IN A
165-TYPE SIZE EQUAL TO OR GREATER THAN THE TYPE SIZE REQUIRED FOR THE
166-"KEEP OUT OF REACH OF CHILDREN" STATEMENT REQUIRED UNDER 40 CFR
167-156.66.
142+OR COVERED PRODUCTS REGULATED PURSUANT TO THE23
143+"F
144+EDERAL HAZARDOUS SUBSTANCES ACT", 15 U.S.C. SEC. 1261 ET SEQ.,24
145+AS AMENDED, BY THE FEDERAL CONSUMER PRODUCT SAFETY COMMISSION25
146+UNDER 16 CFR 1500.121, THAT IF AT LEAST TWO PERCENT OF THE26
147+SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL WOULD RESULT IN A27
148+150
149+-4- TYPE SIZE LARGER THAN FIRST AID INSTRUCTIONS PURSUANT TO THE1
150+"F
151+EDERAL HAZARDOUS SUBSTANCES ACT", THEN, TO THE EXTENT2
152+PERMITTED BY FEDERAL LAW, THE PHRASE "DO NOT FLUSH" IN TYPE SIZE3
153+EQUAL TO OR GREATER THAN THE TYPE SIZE REQUIRED FOR THE FIRST AID4
154+INSTRUCTIONS; AND5
155+(c) F
156+OR COVERED PRODUCTS REQUIRED TO BE REGISTERED BY THE6
157+FEDERAL ENVIRONMENTAL PROTECTION AGENCY UNDER THE "FEDERAL7
158+I
159+NSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", 7 U.S.C. SEC. 136 ET8
160+SEQ., AS AMENDED, THAT IF AT LEAST TWO PERCENT OF THE SURFACE AREA9
161+OF THE PRINCIPAL DISPLAY PANEL WOULD RESULT IN A TYPE SIZE ON THE10
162+PRINCIPAL DISPLAY PANEL LARGER THAN A WARNING PURSUANT TO THE11
163+"F
164+EDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", THEN, TO12
165+THE EXTENT PERMITTED BY FEDERAL LAW , THE PHRASE "DO NOT FLUSH"13
166+IN A TYPE SIZE EQUAL TO OR GREATER THAN THE TYPE SIZE REQUIRED FOR14
167+THE "KEEP OUT OF REACH OF CHILDREN" STATEMENT REQUIRED UNDER15
168+40
169+ CFR 156.66.16
168170 (6) "P
169-RINCIPAL DISPLAY PANEL" MEANS THE SIDE OF A PRODUCT
170-PACKAGE THAT IS MOST LIKELY TO BE DISPLAYED
171-, PRESENTED, OR SHOWN
172-UNDER CUSTOMARY CONDITIONS OF DISPLAY FOR RETAIL SALE
173-.
171+RINCIPAL DISPLAY PANEL" MEANS THE SIDE OF A PRODUCT17
172+PACKAGE THAT IS MOST LIKELY TO BE DISPLAYED , PRESENTED, OR SHOWN18
173+UNDER CUSTOMARY CONDITIONS OF DISPLAY FOR RETAIL SALE .19
174174 (7) "S
175-YMBOL" MEANS THE "DO NOT FLUSH" SYMBOL, OR A SYMBOL
176-THAT IS EQUIVALENT
177-, AS DEPICTED IN THE INDA/EDANA CODE OF
178-PRACTICE SECOND EDITION AND PUBLISHED WITHIN "GUIDELINES FOR
179-ASSESSING THE FLUSHABILITY OF DISPOSABLE NONWOVEN PRODUCTS",
175+YMBOL" MEANS THE "DO NOT FLUSH" SYMBOL, OR A20
176+SYMBOL THAT IS EQUIVALENT, AS DEPICTED IN THE INDA/EDANA CODE21
177+OF PRACTICE SECOND EDITION AND PUBLISHED WITHIN "GUIDELINES FOR22
178+A
179+SSESSING THE FLUSHABILITY OF DISPOSABLE NONWOVEN PRODUCTS",23
180180 E
181-DITION 4, MAY 2018, WHICH IS IN A SIZE EQUAL TO AT LEAST TWO PERCENT
182-OF THE SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL
183-, EXCEPT AS
184-PAGE 4-SENATE BILL 23-150 SPECIFIED IN SECTION 25-18.9-104 (1)(a)(II)(C).
185-25-18.9-103. Determination of surface area of a principal display
186-panel. (1) F
187-OR A CYLINDRICAL OR NEARLY CYLINDRICAL PACKAGE , THE
188-SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL CONSTITUTES FORTY
189-PERCENT OF THE PRODUCT PACKAGE AS MEASURED BY MULTIPLYING THE
190-HEIGHT OF THE CONTAINER BY THE CIRCUMFERENCE
191-.
181+DITION 4, MAY 2018, WHICH IS IN A SIZE EQUAL TO AT LEAST TWO24
182+PERCENT OF THE SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL , EXCEPT25
183+AS SPECIFIED IN SECTION 25-18.9-104 (1)(a)(II)(C).26
184+25-18.9-103. Determination of surface area of a principal27
185+150
186+-5- display panel. (1) F OR A CYLINDRICAL OR NEARLY CYLINDRICAL1
187+PACKAGE, THE SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL2
188+CONSTITUTES FORTY PERCENT OF THE PRODUCT PACKAGE AS MEASURED3
189+BY MULTIPLYING THE HEIGHT OF THE CONTAINER BY THE CIRCUMFERENCE .4
192190 (2) F
193-OR A FLEXIBLE FILM PACKAGE IN WHICH A RECTANGULAR PRISM
194-OR NEARLY RECTANGULAR PRISM STACK OF WIPES IS HOUSED WITHIN THE
195-FILM
196-, THE SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL IS MEASURED BY
197-MULTIPLYING THE LENGTH BY THE WIDTH OF THE SIDE OF THE PACKAGE
198-WHEN THE FLEXIBLE PACKAGING FILM IS PRESSED FLAT AGAINST THE STACK
199-OF WIPES ON ALL SIDES OF THE STACK
200-.
191+OR A FLEXIBLE FILM PACKAGE IN WHICH A RECTANGULAR5
192+PRISM OR NEARLY RECTANGULAR PRISM STACK OF WIPES IS HOUSED6
193+WITHIN THE FILM, THE SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL7
194+IS MEASURED BY MULTIPLYING THE LENGTH BY THE WIDTH OF THE SIDE OF8
195+THE PACKAGE WHEN THE FLEXIBLE PACKAGING FILM IS PRESSED FLAT9
196+AGAINST THE STACK OF WIPES ON ALL SIDES OF THE STACK .10
201197 25-18.9-104. Labeling requirements - exceptions. (1) E
202-XCEPT AS
203-PROVIDED IN SUBSECTIONS
204-(2), (3), (4), AND (6) OF THIS SECTION, A COVERED
205-PRODUCT MANUFACTURED ON OR AFTER
206-DECEMBER 31, 2023, SHALL BE
207-LABELED CLEARLY IN ADHERENCE TO THE FOLLOWING REQUIREMENTS
208-:
198+XCEPT11
199+AS PROVIDED IN SUBSECTIONS (2), (3), (4), AND (6) OF THIS SECTION, A12
200+COVERED PRODUCT MANUFACTURED ON OR AFTER DECEMBER 31, 2023,13
201+SHALL BE LABELED CLEARLY IN ADHERENCE TO THE FOLLOWING14
202+REQUIREMENTS:15
209203 (a) F
210-OR CYLINDRICAL OR NEAR CYLINDRICAL PACKAGING INTENDED
211-TO DISPENSE INDIVIDUAL WIPES
212-, A COVERED ENTITY SHALL:
204+OR CYLINDRICAL OR NEAR CYLINDRICAL PACKAGING16
205+INTENDED TO DISPENSE INDIVIDUAL WIPES, A COVERED ENTITY SHALL:17
213206 (I) P
214-LACE THE SYMBOL AND LABEL NOTICE ON THE PRINCIPAL
215-DISPLAY PANEL IN A LOCATION REASONABLY VIEWABLE EACH TIME A WIPE
216-IS DISPENSED
217-; OR
218-(II) PLACE THE SYMBOL ON THE PRINCIPAL DISPLAY PANEL AND
219-EITHER THE SYMBOL OR LABEL NOTICE
220-, OR THE SYMBOL AND LABEL NOTICE
221-IN COMBINATION
222-, ON THE FLIP LID, SUBJECT TO THE FOLLOWING:
207+LACE THE SYMBOL AND LABEL NOTICE ON THE PRINCIPAL18
208+DISPLAY PANEL IN A LOCATION REASONABLY VIEWABLE EACH TIME A WIPE19
209+IS DISPENSED; OR20
210+(II) P
211+LACE THE SYMBOL ON THE PRINCIPAL DISPLAY PANEL AND21
212+EITHER THE SYMBOL OR LABEL NOTICE , OR THE SYMBOL AND LABEL22
213+NOTICE IN COMBINATION, ON THE FLIP LID, SUBJECT TO THE FOLLOWING:23
223214 (A) I
224-F THE LABEL NOTICE DOES NOT APPEAR ON THE FLIP LID , THE
225-LABEL NOTICE SHALL BE PLACED ON THE PRINCIPAL DISPLAY PANEL
226-;
215+F THE LABEL NOTICE DOES NOT APPEAR ON THE FLIP LID, THE24
216+LABEL NOTICE SHALL BE PLACED ON THE PRINCIPAL DISPLAY PANEL ;25
227217 (B) T
228-HE SYMBOL OR LABEL NOTICE , OR THE SYMBOL AND LABEL
229-NOTICE IN COMBINATION
230-, ON THE FLIP LID MAY BE EMBOSSED, AND IN THAT
231-CASE ARE NOT REQUIRED TO COMPLY WITH SUBSECTION
232- (1)(f) OF THIS
233-SECTION
234-; AND
235-(C) THE SYMBOL OR LABEL NOTICE , OR THE SYMBOL AND LABEL
236-PAGE 5-SENATE BILL 23-150 NOTICE IN COMBINATION, ON THE FLIP LID MUST COVER A MINIMUM OF EIGHT
237-PERCENT OF THE SURFACE AREA OF THE FLIP LID
238-.
218+HE SYMBOL OR LABEL NOTICE, OR THE SYMBOL AND LABEL26
219+NOTICE IN COMBINATION, ON THE FLIP LID MAY BE EMBOSSED , AND IN27
220+150
221+-6- THAT CASE ARE NOT REQUIRED TO COMPLY WITH SUBSECTION (1)(f) OF1
222+THIS SECTION; AND2
223+(C) T
224+HE SYMBOL OR LABEL NOTICE, OR THE SYMBOL AND LABEL3
225+NOTICE IN COMBINATION, ON THE FLIP LID MUST COVER A MINIMUM OF4
226+EIGHT PERCENT OF THE SURFACE AREA OF THE FLIP LID .5
239227 (b) (I) F
240-OR FLEXIBLE FILM PACKAGING INTENDED TO DISPENSE
241-INDIVIDUAL WIPES
242-, A COVERED ENTITY SHALL:
228+OR FLEXIBLE FILM PACKAGING INTENDED TO DISPENSE6
229+INDIVIDUAL WIPES, A COVERED ENTITY SHALL:7
243230 (A) P
244-LACE THE SYMBOL ON BOTH THE PRINCIPAL DISPLAY PANEL AND
245-THE DISPENSING SIDE PANEL
246-; AND
247-(B) PLACE THE LABEL NOTICE ON EITHER THE PRINCIPAL DISPLAY
248-PANEL OR DISPENSING SIDE PANEL IN A PROMINENT LOCATION REASONABLY
249-VISIBLE TO THE USER EACH TIME A WIPE IS DISPENSED
250-.
231+LACE THE SYMBOL ON BOTH THE PRINCIPAL DISPLAY PANEL8
232+AND THE DISPENSING SIDE PANEL; AND9
233+(B) P
234+LACE THE LABEL NOTICE ON EITHER THE PRINCIPAL DISPLAY10
235+PANEL OR DISPENSING SIDE PANEL IN A PROMINENT LOCATION11
236+REASONABLY VISIBLE TO THE USER EACH TIME A WIPE IS DISPENSED .12
251237 (II) I
252-F THE PRINCIPAL DISPLAY PANEL IS ON THE DISPENSING SIDE OF
253-THE PACKAGE
254-, TWO SYMBOLS ARE NOT REQUIRED .
238+F THE PRINCIPAL DISPLAY PANEL IS ON THE DISPENSING SIDE13
239+OF THE PACKAGE, TWO SYMBOLS ARE NOT REQUIRED .14
255240 (c) F
256-OR REFILLABLE TUBS OR OTHER RIGID PACKAGING INTENDED TO
257-DISPENSE INDIVIDUAL WIPES AND BE REUSED BY THE CONSUMER FOR THAT
258-PURPOSE
259-, A COVERED ENTITY SHALL PLACE THE SYMBOL AND LABEL NOTICE
260-ON THE PRINCIPAL DISPLAY PANEL IN A PROMINENT LOCATION REASONABLY
261-VISIBLE TO THE USER EACH TIME A WIPE IS DISPENSED
262-.
241+OR REFILLABLE TUBS OR OTHER RIGID PACKAGING INTENDED15
242+TO DISPENSE INDIVIDUAL WIPES AND BE REUSED BY THE CONSUMER FOR16
243+THAT PURPOSE, A COVERED ENTITY SHALL PLACE THE SYMBOL AND LABEL17
244+NOTICE ON THE PRINCIPAL DISPLAY PANEL IN A PROMINENT LOCATION18
245+REASONABLY VISIBLE TO THE USER EACH TIME A WIPE IS DISPENSED .19
263246 (d) F
264-OR PACKAGING NOT INTENDED TO DISPENSE INDIVIDUAL WIPES ,
265-A COVERED ENTITY SHALL PLACE THE SYMBOL AND LABEL NOTICE ON THE
266-PRINCIPAL DISPLAY PANEL IN A PROMINENT AND REASONABLY VISIBLE
267-LOCATION
268-.
247+OR PACKAGING NOT INTENDED TO DISPENSE INDIVIDUAL20
248+WIPES, A COVERED ENTITY SHALL PLACE THE SYMBOL AND LABEL NOTICE21
249+ON THE PRINCIPAL DISPLAY PANEL IN A PROMINENT AND REAS ONABLY22
250+VISIBLE LOCATION.23
269251 (e) A
270- COVERED ENTITY SHALL ENSURE THAT THE PACKAGING SEAMS ,
271-FOLDS, OR OTHER PACKAGE DESIGN ELEMENTS DO NOT OBSCURE THE
272-SYMBOL OR THE LABEL NOTICE
273-.
252+ COVERED ENTITY SHALL ENSURE THAT THE PACKAGING24
253+SEAMS, FOLDS, OR OTHER PACKAGE DESIGN ELEMENTS DO NOT OBSCURE25
254+THE SYMBOL OR THE LABEL NOTICE .26
274255 (f) A
275- COVERED ENTITY SHALL ENSURE THAT THE SYMBOL AND LABEL
276-NOTICE HAVE SUFFICIENTLY HIGH CONTRAST WITH THE IMMEDIATE
277-BACKGROUND OF THE PACKAGING TO RENDER THE SYMBOL AND LABEL
278-NOTICE LIKELY TO BE SEEN AND READ BY AN ORDINARY INDIVIDUAL UNDER
279-CUSTOMARY CONDITIONS OF PURCHASE AND USE
280-.
256+ COVERED ENTITY SHALL ENSURE THAT THE SYMBOL AND27
257+150
258+-7- LABEL NOTICE HAVE SUFFICIENTLY HIGH CONTRAST WITH THE IMMEDIATE1
259+BACKGROUND OF THE PACKAGING TO RENDER THE SYMBOL AND LABEL2
260+NOTICE LIKELY TO BE SEEN AND READ BY AN ORDINARY INDIVIDUAL3
261+UNDER CUSTOMARY CONDITIONS OF PURCHASE AND USE .4
281262 (2) F
282-OR COVERED PRODUCTS SOLD IN BULK AT RETAIL , BOTH THE
283-OUTER PACKAGE VISIBLE AT RETAIL AND THE INDIVIDUAL PACKAGES
284-CONTAINED WITHIN MUST COMPLY WITH THE LABELING REQUIREMENTS IN
285-PAGE 6-SENATE BILL 23-150 THIS SECTION APPLICABLE TO THE PARTICULAR PACKAGING TYPES , EXCEPT
286-FOR
287-:
263+OR COVERED PRODUCTS SOLD IN BULK AT RETAIL , BOTH THE5
264+OUTER PACKAGE VISIBLE AT RETAIL AND THE INDIVIDUAL PACKAGES6
265+CONTAINED WITHIN MUST COMPLY WITH THE LABELING REQUIREMENTS IN7
266+THIS SECTION APPLICABLE TO THE PARTICULAR PACKAGING TYPES , EXCEPT8
267+FOR:9
288268 (a) I
289-NDIVIDUAL PACKAGES CONTAINED WITHIN THE OUTER PACKAGE
290-THAT ARE NOT INTENDED TO DISPENSE INDIVIDUAL WIPES AND CONTAIN NO
291-RETAIL LABELING
292-; AND
293-(b) OUTER PACKAGES THAT DO NOT OBSCURE THE SYMBOL AND
294-LABEL NOTICE ON INDIVIDUAL PACKAGES CONTAINED WITHIN
295-.
269+NDIVIDUAL PACKAGES CONTAINED WITHIN THE OUTER10
270+PACKAGE THAT ARE NOT INTENDED TO DISPENSE INDIVIDUAL WIPES AND11
271+CONTAIN NO RETAIL LABELING; AND12
272+(b) O
273+UTER PACKAGES THAT DO NOT OBSCURE THE SYMBOL AND13
274+LABEL NOTICE ON INDIVIDUAL PACKAGES CONTAINED WITHIN .14
296275 (3) I
297-F A COVERED PRODUCT IS PROVIDED WITHIN THE SAME
298-PACKAGING AS ANOTHER CONSUMER PRODUCT FOR USE IN COMBINATION
299-WITH THE OTHER CONSUMER PRODUCT
300-, THE OUTSIDE RETAIL PACKAGING OF
301-THE OTHER CONSUMER PRODUCT DOES NOT NEED TO COMPLY WITH THE
302-LABELING REQUIREMENTS OF SUBSECTION
303-(1) OF THIS SECTION.
276+F A COVERED PRODUCT IS PROVIDED WITHIN THE SAME15
277+PACKAGING AS ANOTHER CONSUMER PRODUCT FOR USE IN COMBINATION16
278+WITH THE OTHER CONSUMER PRODUCT , THE OUTSIDE RETAIL PACKAGING17
279+OF THE OTHER CONSUMER PRODUCT DOES NOT NEED TO COMPLY WITH THE18
280+LABELING REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION.19
304281 (4) I
305-F A COVERED PRODUCT IS PROVIDED WITHIN THE SAME PACKAGE
306-AS ANOTHER CONSUMER PRODUCT FOR USE IN COMBINATION WITH THE
307-OTHER PRODUCT AND IS IN A PACKAGE SMALLER THAN THREE INCHES BY
308-THREE INCHES
309-, THE COVERED ENTITY RESPONSIBLE FOR THE LABELING OR
310-PACKAGING OF THE COVERED PRODUCT MAY COMPLY WITH THE
311-REQUIREMENTS OF SUBSECTION
312-(1) OF THIS SECTION BY PLACING THE
313-SYMBOL AND LABEL NOTICE IN A PROMINENT LOCATION REASONABLY
314-VISIBLE TO THE USER OF THE COVERED PRODUCT
315-.
316-(5) A
317- COVERED ENTITY, DIRECTLY OR THROUGH A CORPORATION ,
318-PARTNERSHIP, SUBSIDIARY, DIVISION, TRADE NAME, OR ASSOCIATION IN
319-CONNECTION WITH THE MANUFACTURING
320-, LABELING, PACKAGING,
321-ADVERTISING, PROMOTION, OFFERING FOR SALE, SALE, OR DISTRIBUTION OF
322-A COVERED PRODUCT
323-, SHALL NOT MAKE ANY REPRESENTATION , IN ANY
324-MANNER
325-, EXPRESSLY OR BY IMPLICATION, INCLUDING THROUGH THE USE OF
326-A PRODUCT NAME
327-, ENDORSEMENT, DEPICTION, ILLUSTRATION, TRADEMARK,
328-OR TRADE NAME, ABOUT THE FLUSHABLE ATTRIBUTES, FLUSHABLE BENEFITS,
329-FLUSHABLE PERFORMANCE , OR FLUSHABLE EFFICACY OF A COVERED
330-PRODUCT
331-.
282+F A COVERED PRODUCT IS PROVIDED WITHIN THE SAME20
283+PACKAGE AS ANOTHER CONSUMER PRODUCT FOR USE IN COMBINATION21
284+WITH THE OTHER PRODUCT AND IS IN A PACKAGE SMALLER THAN THREE22
285+INCHES BY THREE INCHES, THE COVERED ENTITY RESPONSIBLE FOR THE23
286+LABELING OR PACKAGING OF THE COVERED PRODUCT MAY COMPLY WITH24
287+THE REQUIREMENTS OF SUBSECTION (1) OF THIS SECTION BY PLACING THE25
288+SYMBOL AND LABEL NOTICE IN A PROMINENT LOCATION REASONABLY26
289+VISIBLE TO THE USER OF THE COVERED PRODUCT .27
290+150
291+-8- (5) A COVERED ENTITY, DIRECTLY OR THROUGH A CORPORATION ,1
292+PARTNERSHIP, SUBSIDIARY, DIVISION, TRADE NAME, OR ASSOCIATION IN2
293+CONNECTION WITH THE MANUFACTURING , LABELING, PACKAGING,3
294+ADVERTISING, PROMOTION, OFFERING FOR SALE, SALE, OR DISTRIBUTION4
295+OF A COVERED PRODUCT, SHALL NOT MAKE ANY REPRESENTATION , IN ANY5
296+MANNER, EXPRESSLY OR BY IMPLICATION, INCLUDING THROUGH THE USE6
297+OF A PRODUCT NAME , ENDORSEMENT, DEPICTION, ILLUSTRATION,7
298+TRADEMARK, OR TRADE NAME, ABOUT THE FLUSHABLE ATTRIBUTES ,8
299+FLUSHABLE BENEFITS, FLUSHABLE PERFORMANCE , OR FLUSHABLE9
300+EFFICACY OF A COVERED PRODUCT .10
332301 (6) (a) I
333-F A COVERED PRODUCT IS REQUIRED TO BE REGISTERED BY
334-THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY UNDER THE
335-"FEDERAL
336-INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", 7 U.S.C. SEC. 136 ET
337-SEQ
338-., AS AMENDED, AND, TO THE EXTENT NOT PREEMPTED BY 7 U.S.C. SEC.
339-PAGE 7-SENATE BILL 23-150 136v (b), BY THE COLORADO DEPARTMENT OF AGRICULTURE UNDER THE
340-"PESTICIDE ACT", ARTICLE 9 OF TITLE 35, THEN THE COVERED ENTITY, TO
341-THE EXTENT PERMITTED UNDER FEDERAL LAW
342-, SHALL SUBMIT A LABEL
343-COMPLIANT WITH THE LABELING REQUIREMENTS OF THIS SECTION NO LATER
344-THAN
345-DECEMBER 31, 2023, TO THE FEDERAL ENVIRONMENTAL PROTECTION
346-AGENCY AND
347-, UPON ITS APPROVAL, TO THE DEPARTMENT OF AGRICULTURE ,
348-WHICH SHALL REVIEW THE LABEL OF THE COVERED PRODUCT IN THE MANNER
349-AUTHORIZED UNDER THE
350-"PESTICIDE ACT", ARTICLE 9 OF TITLE 35, AND
351-ADMINISTRATIVE RULES ADOPTED UNDER THE
352-"PESTICIDE ACT", ARTICLE 9
353-OF TITLE 35.
302+F A COVERED PRODUCT IS REQUIRED TO BE REGISTERED BY11
303+THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY UNDER THE12
304+"F
305+EDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", 7 U.S.C.13
306+SEC. 136 ET SEQ., AS AMENDED, AND, TO THE EXTENT NOT PREEMPTED BY
307+14
308+7
309+ U.S.C. SEC. 136v (b), BY THE COLORADO
310+ DEPARTMENT OF AGRICULTURE15
311+UNDER THE "PESTICIDE ACT", ARTICLE 9 OF TITLE 35, THEN THE COVERED16
312+ENTITY, TO THE EXTENT PERMITTED UNDER FEDERAL LAW , SHALL SUBMIT17
313+A LABEL COMPLIANT WITH THE LABELING REQUIREMENTS OF THIS SECTION18
314+NO LATER THAN DECEMBER 31, 2023, TO THE FEDERAL ENVIRONMENTAL19
315+PROTECTION AGENCY AND, UPON ITS APPROVAL, TO THE DEPARTMENT OF20
316+AGRICULTURE, WHICH SHALL REVIEW THE LABEL OF THE COVERED21
317+PRODUCT IN THE MANNER AUTHORIZED UNDER THE "PESTICIDE ACT",22
318+ARTICLE 9 OF TITLE 35, AND ADMINISTRATIVE RULES ADOPTED UNDER THE23
319+"P
320+ESTICIDE ACT", ARTICLE 9 OF TITLE 35.
321+24
354322 (b) I
355323 F THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY OR THE
356-COLORADO DEPARTMENT OF AGRICULTURE DOES NOT APPROVE A PRODUCT
357-LABEL THAT OTHERWISE COMPLIES WITH THE LABELING REQUIREMENTS OF
358-THIS SECTION
359-, THE COVERED ENTITY SHALL USE A LABEL THAT COMPLIES
360-WITH AS MANY OF THE REQUIREMENTS OF THIS SECTION AS THE RELEVANT
361-AGENCY HAS APPROVED
362-.
324+25
325+C
326+OLORADO DEPARTMENT OF AGRICULTURE
327+ DOES NOT APPROVE A26
328+PRODUCT LABEL THAT OTHERWISE COMPLIES WITH THE LABELING27
329+150
330+-9- REQUIREMENTS OF THIS SECTION , THE COVERED ENTITY SHALL USE A1
331+LABEL THAT COMPLIES WITH AS MANY OF THE REQUIREMENTS OF THIS2
332+SECTION AS THE RELEVANT AGENCY HAS APPROVED.3
363333 (7) A
364- COVERED ENTITY MAY INCLUDE ON A COVERED PRODUCT
365-WORDS OR PHRASES IN ADDITION TO THOSE REQUIRED FOR THE LABEL
366-NOTICE IF THE WORDS OR PHRASES ARE CONSISTENT WITH THE PURPOSES OF
367-THIS SECTION
368-.
334+ COVERED ENTITY MAY INCLUDE ON A COVERED PRODUCT4
335+WORDS OR PHRASES IN ADDITION TO THOSE REQUIRED FOR THE LABEL5
336+NOTICE IF THE WORDS OR PHRASES ARE CONSISTENT WITH THE PURPOSES6
337+OF THIS SECTION.7
369338 25-18.9-105. Enforcement. A
370- PERSON THAT, IN THE COURSE OF THE
371-PERSON
372-'S BUSINESS, VOCATION, OR OCCUPATION, VIOLATES SECTION
373-25-18.9-104 COMMITS A DECEPTIVE TRADE PRACTICE UNDER THE
374-"COLORADO CONSUMER PROTECTION ACT", ARTICLE 1 OF TITLE 6.
375-SECTION 2. In Colorado Revised Statutes, 6-1-105, add (1)(www)
376-as follows:
377-6-1-105. Unfair or deceptive trade practices. (1) A person
378-engages in a deceptive trade practice when, in the course of the person's
379-business, vocation, or occupation, the person:
380-(www) V
339+ PERSON THAT, IN THE COURSE OF
340+8
341+THE PERSON'S BUSINESS, VOCATION, OR OCCUPATION, VIOLATES SECTION9
342+25-18.9-104
343+ COMMITS A DECEPTIVE TRADE PRACTICE UNDER THE
344+10
345+"C
346+OLORADO CONSUMER PROTECTION ACT", ARTICLE 1 OF TITLE 6.
347+11
348+SECTION 2. In Colorado Revised Statutes, 6-1-105, add12
349+(1)(uuu) as follows:13
350+6-1-105. Unfair or deceptive trade practices. (1) A person14
351+engages in a deceptive trade practice when, in the course of the person's15
352+business, vocation, or occupation, the person:16
353+(uuu) V
381354 IOLATES SECTION 25-18.9-104.
382-SECTION 3. Act subject to petition - effective date. This act
383-takes effect at 12:01 a.m. on the day following the expiration of the
384-ninety-day period after final adjournment of the general assembly; except
385-PAGE 8-SENATE BILL 23-150 that, if a referendum petition is filed pursuant to section 1 (3) of article V
386-of the state constitution against this act or an item, section, or part of this act
387-within such period, then the act, item, section, or part will not take effect
388-unless approved by the people at the general election to be held in
389-November 2024 and, in such case, will take effect on the date of the official
390-declaration of the vote thereon by the governor.
391-____________________________ ____________________________
392-Steve Fenberg Julie McCluskie
393-PRESIDENT OF SPEAKER OF THE HOUSE
394-THE SENATE OF REPRESENTATIVES
395-____________________________ ____________________________
396-Cindi L. Markwell Robin Jones
397-SECRETARY OF CHIEF CLERK OF THE HOUSE
398-THE SENATE OF REPRESENTATIVES
399- APPROVED________________________________________
400- (Date and Time)
401- _________________________________________
402- Jared S. Polis
403- GOVERNOR OF THE STATE OF COLORADO
404-PAGE 9-SENATE BILL 23-150
355+17
356+SECTION 3. Act subject to petition - effective date. This act18
357+takes effect at 12:01 a.m. on the day following the expiration of the19
358+ninety-day period after final adjournment of the general assembly; except20
359+that, if a referendum petition is filed pursuant to section 1 (3) of article V21
360+of the state constitution against this act or an item, section, or part of this22
361+act within such period, then the act, item, section, or part will not take23
362+effect unless approved by the people at the general election to be held in24
363+November 2024 and, in such case, will take effect on the date of the25
364+official declaration of the vote thereon by the governor.26
365+150
366+-10-