SENATE BILL 23-150
BY SENATOR(S) Roberts and Will, Kolker, Cutter, Exum, Hansen,
Jaquez Lewis, Marchman, Moreno, Mullica, Priola, Rodriguez, Zenzinger,
Fenberg;
also REPRESENTATIVE(S) Froelich and Frizell, Lukens, Amabile, Bacon,
Bird, Brown, Dickson, English, Jodeh, Kipp, Lindsay, Lynch, Mabrey,
Mauro, McLachlan, Michaelson Jenet, Ricks, Sirota, Snyder, Story, Titone,
Valdez, Vigil, Willford, Woodrow.
C
ONCERNING A REQUIREMENT THAT CERTAIN PERSONS LABEL DISPOSABLE
WIPES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add article 18.9 to title
25 as follows:
ARTICLE 18.9
Disposable Wipes
25-18.9-101. Legislative declaration. (1) T
HE GENERAL ASSEMBLY
HEREBY FINDS AND DECLARES THAT
:
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. (a) OVER THE PAST SEVERAL YEARS , CONSUMER DEMAND FOR
PREMOISTENED
, DISPOSABLE WIPE PRODUCTS , INCLUDING BABY WIPES,
SURFACE CLEANING WIPES, HAND SANITIZING WIPES, AND MAKEUP REMOVAL
WIPES
, HAS SIGNIFICANTLY INCREASED;
(b) T
HESE WIPE PRODUCTS ARE COMPOSED , ENTIRELY OR IN PART, OF
PETROCHEMICAL
-DERIVED FIBERS THAT WERE NEVER DESIGNED TO BE
FLUSHED DOWN TOILETS
;
(c) C
ONSUMER CONFUSION HAS RESULTED IN MILLIONS OF THESE
NONFLUSHABLE WIPES BEING IMPROPERLY DISPOSED OF BY BEING FLUSHED
DOWN TOILETS
;
(d) W
IPES THAT WERE NOT DESIGNED TO BE FLUSHED DO NOT BREAK
DOWN LIKE TOILET PAPER
, SO WHEN IMPROPERLY DISPOSED OF IN TOILETS ,
THE WIPES OFTEN CAUSE SEWER BLOCKAGE AND OVERFLOW , CLOG PIPES AND
MECHANICAL EQUIPMENT
, RELEASE PLASTIC MATERIALS AND WASTEWATER
INTO WATERWAYS
, AND BLOCK PRIVATE DRAIN LINES, WHICH CAN RESULT
IN FLOODED HOMES AND BUSINESSES
;
(e) T
HE NATIONAL ASSOCIATION OF CLEAN WATER AGENCIES HAS
DETERMINED THAT
UNITED STATES MUNICIPALITIES AND WASTEWATER
TREATMENT PROVIDERS INCUR COSTS IN EXCESS OF ONE BILLION DOLLARS
ANNUALLY ON MAINTENANCE TO REMOVE CLOGS CAUSED BY WIPES
; AND
(f) CLEAR "DO NOT FLUSH" LABELING ON THE PACKAGES FOR WIPES
THAT ARE NOT DESIGNED TO BE FLUSHED IS A CRITICAL STEP IN HELPING
CONSUMERS PRACTICE RESPONSIBLE FLUSHING HABITS
, WHICH IN TURN
LEADS TO HEALTHIER HOMES AND COMMUNITIES AND THE PROTECTION OF
THE ENVIRONMENT
, WATERWAYS, AND PUBLIC INFRASTRUCTURE USED FOR
THE COLLECTION
, TRANSPORT, AND TREATMENT OF WASTEWATER .
25-18.9-102. Definitions. A
S USED IN THIS ARTICLE 18.9:
(1) "C
OVERED ENTITY" MEANS:
(a) T
HE MANUFACTURER OF A COVERED PRODUCT THAT IS SOLD OR
OFFERED FOR SALE IN THIS STATE
; AND
(b) A WHOLESALER, SUPPLIER, OR RETAILER THAT IS RESPONSIBLE
PAGE 2-SENATE BILL 23-150 FOR THE LABELING OR PACKAGING OF A COVERED PRODUCT .
(2) "C
OVERED PRODUCT" MEANS A CONSUMER PRODUCT SOLD OR
OFFERED FOR SALE IN THIS STATE THAT IS
:
(a) A
PREMOISTENED, NONWOVEN DISPOSABLE WIPE MARKETED AS
A BABY WIPE OR DIAPERING WIPE
; OR
(b) A PREMOISTENED, NONWOVEN DISPOSABLE WIPE THAT IS :
(I) C
OMPOSED ENTIRELY OF OR IN PART OF PETROCHEMICAL -DERIVED
FIBERS
; AND
(II) LIKELY TO BE USED IN A BATHROOM WITH SIGNIFICANT
POTENTIAL TO BE FLUSHED
, INCLUDING BABY WIPES, BATHROOM CLEANING
WIPES
, TOILET CLEANING WIPES , HARD SURFACE CLEANING WIPES ,
DISINFECTING WIPES, HAND SANITIZING WIPES, ANTIBACTERIAL WIPES,
FACIAL CLEANSING WIPES, MAKEUP REMOVAL WIPES , GENERAL PURPOSE
CLEANING WIPES
, PERSONAL CARE WIPES FOR USE ON THE BODY , FEMININE
HYGIENE WIPES
, ADULT INCONTINENCE WIPES, ADULT HYGIENE WIPES, AND
BODY CLEANSING WIPES
.
(3) "H
IGH CONTRAST" MEANS:
(a) T
ONAL CONTRAST THAT IS SHOWN BY EITHER A LIGHT SYMBOL ON
A SOLID DARK BACKGROUND OR A DARK SYMBOL ON A SOLID LIGHT
BACKGROUND
; AND
(b) HAVING AT LEAST SEVENTY PERCENT CONTRAST BETWEEN THE
SYMBOL ARTWORK AND BACKGROUND USING THE FORMULA
[(B1!B2) ÷ B1]
×
100, WHERE:
(I) B1
IS THE LIGHT REFLECTANCE VALUE OF THE RELATIVELY
LIGHTER AREA
; AND
(II) B2 IS THE LIGHT REFLECTANCE VALUE OF THE RELATIVELY
DARKER AREA
.
(4) "L
ABEL" MEANS A REPRESENTATION MADE BY STATEMENT ,
WORD, PICTURE, DESIGN, OR EMBLEM ON A COVERED PRODUCT PACKAGE ,
PAGE 3-SENATE BILL 23-150 WHETHER AFFIXED TO OR WRITTEN DIRECTLY ON THE PACKAGE .
(5) "L
ABEL NOTICE" MEANS:
(a) T
HE PHRASE "DO NOT FLUSH" IN A SIZE EQUAL TO AT LEAST TWO
PERCENT OF THE SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL
;
(b) F
OR COVERED PRODUCTS REGULATED PURSUANT TO THE
"FEDERAL HAZARDOUS SUBSTANCES ACT", 15 U.S.C. SEC. 1261 ET SEQ., AS
AMENDED
, BY THE FEDERAL CONSUMER PRODUCT SAFETY COMMISSION
UNDER
16 CFR 1500.121, THAT IF AT LEAST TWO PERCENT OF THE SURFACE
AREA OF THE PRINCIPAL DISPLAY PANEL WOULD RESULT IN A TYPE SIZE
LARGER THAN FIRST AID INSTRUCTIONS PURSUANT TO THE
"FEDERAL
HAZARDOUS SUBSTANCES ACT", THEN, TO THE EXTENT PERMITTED BY
FEDERAL LAW
, THE PHRASE "DO NOT FLUSH" IN TYPE SIZE EQUAL TO OR
GREATER THAN THE TYPE SIZE REQUIRED FOR THE FIRST AID INSTRUCTIONS
;
AND
(c) FOR COVERED PRODUCTS REQUIRED TO BE REGISTERED BY THE
FEDERAL ENVIRONMENTAL PROTECTION AGENCY UNDER THE
"FEDERAL
INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", 7 U.S.C. SEC. 136 ET
SEQ
., AS AMENDED, THAT IF AT LEAST TWO PERCENT OF THE SURFACE AREA
OF THE PRINCIPAL DISPLAY PANEL WOULD RESULT IN A TYPE SIZE ON THE
PRINCIPAL DISPLAY PANEL LARGER THAN A WARNING PURSUANT TO THE
"FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", THEN, TO THE
EXTENT PERMITTED BY FEDERAL LAW
, THE PHRASE "DO NOT FLUSH" IN A
TYPE SIZE EQUAL TO OR GREATER THAN THE TYPE SIZE REQUIRED FOR THE
"KEEP OUT OF REACH OF CHILDREN" STATEMENT REQUIRED UNDER 40 CFR
156.66.
(6) "P
RINCIPAL DISPLAY PANEL" MEANS THE SIDE OF A PRODUCT
PACKAGE THAT IS MOST LIKELY TO BE DISPLAYED
, PRESENTED, OR SHOWN
UNDER CUSTOMARY CONDITIONS OF DISPLAY FOR RETAIL SALE
.
(7) "S
YMBOL" MEANS THE "DO NOT FLUSH" SYMBOL, OR A SYMBOL
THAT IS EQUIVALENT
, AS DEPICTED IN THE INDA/EDANA CODE OF
PRACTICE SECOND EDITION AND PUBLISHED WITHIN "GUIDELINES FOR
ASSESSING THE FLUSHABILITY OF DISPOSABLE NONWOVEN PRODUCTS",
E
DITION 4, MAY 2018, WHICH IS IN A SIZE EQUAL TO AT LEAST TWO PERCENT
OF THE SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL
, EXCEPT AS
PAGE 4-SENATE BILL 23-150 SPECIFIED IN SECTION 25-18.9-104 (1)(a)(II)(C).
25-18.9-103. Determination of surface area of a principal display
panel. (1) F
OR A CYLINDRICAL OR NEARLY CYLINDRICAL PACKAGE , THE
SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL CONSTITUTES FORTY
PERCENT OF THE PRODUCT PACKAGE AS MEASURED BY MULTIPLYING THE
HEIGHT OF THE CONTAINER BY THE CIRCUMFERENCE
.
(2) F
OR A FLEXIBLE FILM PACKAGE IN WHICH A RECTANGULAR PRISM
OR NEARLY RECTANGULAR PRISM STACK OF WIPES IS HOUSED WITHIN THE
FILM
, THE SURFACE AREA OF THE PRINCIPAL DISPLAY PANEL IS MEASURED BY
MULTIPLYING THE LENGTH BY THE WIDTH OF THE SIDE OF THE PACKAGE
WHEN THE FLEXIBLE PACKAGING FILM IS PRESSED FLAT AGAINST THE STACK
OF WIPES ON ALL SIDES OF THE STACK
.
25-18.9-104. Labeling requirements - exceptions. (1) E
XCEPT AS
PROVIDED IN SUBSECTIONS
(2), (3), (4), AND (6) OF THIS SECTION, A COVERED
PRODUCT MANUFACTURED ON OR AFTER
DECEMBER 31, 2023, SHALL BE
LABELED CLEARLY IN ADHERENCE TO THE FOLLOWING REQUIREMENTS
:
(a) F
OR CYLINDRICAL OR NEAR CYLINDRICAL PACKAGING INTENDED
TO DISPENSE INDIVIDUAL WIPES
, A COVERED ENTITY SHALL:
(I) P
LACE THE SYMBOL AND LABEL NOTICE ON THE PRINCIPAL
DISPLAY PANEL IN A LOCATION REASONABLY VIEWABLE EACH TIME A WIPE
IS DISPENSED
; OR
(II) PLACE THE SYMBOL ON THE PRINCIPAL DISPLAY PANEL AND
EITHER THE SYMBOL OR LABEL NOTICE
, OR THE SYMBOL AND LABEL NOTICE
IN COMBINATION
, ON THE FLIP LID, SUBJECT TO THE FOLLOWING:
(A) I
F THE LABEL NOTICE DOES NOT APPEAR ON THE FLIP LID , THE
LABEL NOTICE SHALL BE PLACED ON THE PRINCIPAL DISPLAY PANEL
;
(B) T
HE SYMBOL OR LABEL NOTICE , OR THE SYMBOL AND LABEL
NOTICE IN COMBINATION
, ON THE FLIP LID MAY BE EMBOSSED, AND IN THAT
CASE ARE NOT REQUIRED TO COMPLY WITH SUBSECTION
(1)(f) OF THIS
SECTION
; AND
(C) THE SYMBOL OR LABEL NOTICE , OR THE SYMBOL AND LABEL
PAGE 5-SENATE BILL 23-150 NOTICE IN COMBINATION, ON THE FLIP LID MUST COVER A MINIMUM OF EIGHT
PERCENT OF THE SURFACE AREA OF THE FLIP LID
.
(b) (I) F
OR FLEXIBLE FILM PACKAGING INTENDED TO DISPENSE
INDIVIDUAL WIPES
, A COVERED ENTITY SHALL:
(A) P
LACE THE SYMBOL ON BOTH THE PRINCIPAL DISPLAY PANEL AND
THE DISPENSING SIDE PANEL
; AND
(B) PLACE THE LABEL NOTICE ON EITHER THE PRINCIPAL DISPLAY
PANEL OR DISPENSING SIDE PANEL IN A PROMINENT LOCATION REASONABLY
VISIBLE TO THE USER EACH TIME A WIPE IS DISPENSED
.
(II) I
F THE PRINCIPAL DISPLAY PANEL IS ON THE DISPENSING SIDE OF
THE PACKAGE
, TWO SYMBOLS ARE NOT REQUIRED .
(c) F
OR REFILLABLE TUBS OR OTHER RIGID PACKAGING INTENDED TO
DISPENSE INDIVIDUAL WIPES AND BE REUSED BY THE CONSUMER FOR THAT
PURPOSE
, A COVERED ENTITY SHALL PLACE THE SYMBOL AND LABEL NOTICE
ON THE PRINCIPAL DISPLAY PANEL IN A PROMINENT LOCATION REASONABLY
VISIBLE TO THE USER EACH TIME A WIPE IS DISPENSED
.
(d) F
OR PACKAGING NOT INTENDED TO DISPENSE INDIVIDUAL WIPES ,
A COVERED ENTITY SHALL PLACE THE SYMBOL AND LABEL NOTICE ON THE
PRINCIPAL DISPLAY PANEL IN A PROMINENT AND REASONABLY VISIBLE
LOCATION
.
(e) A
COVERED ENTITY SHALL ENSURE THAT THE PACKAGING SEAMS ,
FOLDS, OR OTHER PACKAGE DESIGN ELEMENTS DO NOT OBSCURE THE
SYMBOL OR THE LABEL NOTICE
.
(f) A
COVERED ENTITY SHALL ENSURE THAT THE SYMBOL AND LABEL
NOTICE HAVE SUFFICIENTLY HIGH CONTRAST WITH THE IMMEDIATE
BACKGROUND OF THE PACKAGING TO RENDER THE SYMBOL AND LABEL
NOTICE LIKELY TO BE SEEN AND READ BY AN ORDINARY INDIVIDUAL UNDER
CUSTOMARY CONDITIONS OF PURCHASE AND USE
.
(2) F
OR COVERED PRODUCTS SOLD IN BULK AT RETAIL , BOTH THE
OUTER PACKAGE VISIBLE AT RETAIL AND THE INDIVIDUAL PACKAGES
CONTAINED WITHIN MUST COMPLY WITH THE LABELING REQUIREMENTS IN
PAGE 6-SENATE BILL 23-150 THIS SECTION APPLICABLE TO THE PARTICULAR PACKAGING TYPES , EXCEPT
FOR
:
(a) I
NDIVIDUAL PACKAGES CONTAINED WITHIN THE OUTER PACKAGE
THAT ARE NOT INTENDED TO DISPENSE INDIVIDUAL WIPES AND CONTAIN NO
RETAIL LABELING
; AND
(b) OUTER PACKAGES THAT DO NOT OBSCURE THE SYMBOL AND
LABEL NOTICE ON INDIVIDUAL PACKAGES CONTAINED WITHIN
.
(3) I
F A COVERED PRODUCT IS PROVIDED WITHIN THE SAME
PACKAGING AS ANOTHER CONSUMER PRODUCT FOR USE IN COMBINATION
WITH THE OTHER CONSUMER PRODUCT
, THE OUTSIDE RETAIL PACKAGING OF
THE OTHER CONSUMER PRODUCT DOES NOT NEED TO COMPLY WITH THE
LABELING REQUIREMENTS OF SUBSECTION
(1) OF THIS SECTION.
(4) I
F A COVERED PRODUCT IS PROVIDED WITHIN THE SAME PACKAGE
AS ANOTHER CONSUMER PRODUCT FOR USE IN COMBINATION WITH THE
OTHER PRODUCT AND IS IN A PACKAGE SMALLER THAN THREE INCHES BY
THREE INCHES
, THE COVERED ENTITY RESPONSIBLE FOR THE LABELING OR
PACKAGING OF THE COVERED PRODUCT MAY COMPLY WITH THE
REQUIREMENTS OF SUBSECTION
(1) OF THIS SECTION BY PLACING THE
SYMBOL AND LABEL NOTICE IN A PROMINENT LOCATION REASONABLY
VISIBLE TO THE USER OF THE COVERED PRODUCT
.
(5) A
COVERED ENTITY, DIRECTLY OR THROUGH A CORPORATION ,
PARTNERSHIP, SUBSIDIARY, DIVISION, TRADE NAME, OR ASSOCIATION IN
CONNECTION WITH THE MANUFACTURING
, LABELING, PACKAGING,
ADVERTISING, PROMOTION, OFFERING FOR SALE, SALE, OR DISTRIBUTION OF
A COVERED PRODUCT
, SHALL NOT MAKE ANY REPRESENTATION , IN ANY
MANNER
, EXPRESSLY OR BY IMPLICATION, INCLUDING THROUGH THE USE OF
A PRODUCT NAME
, ENDORSEMENT, DEPICTION, ILLUSTRATION, TRADEMARK,
OR TRADE NAME, ABOUT THE FLUSHABLE ATTRIBUTES, FLUSHABLE BENEFITS,
FLUSHABLE PERFORMANCE , OR FLUSHABLE EFFICACY OF A COVERED
PRODUCT
.
(6) (a) I
F A COVERED PRODUCT IS REQUIRED TO BE REGISTERED BY
THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY UNDER THE
"FEDERAL
INSECTICIDE, FUNGICIDE, AND RODENTICIDE ACT", 7 U.S.C. SEC. 136 ET
SEQ
., AS AMENDED, AND, TO THE EXTENT NOT PREEMPTED BY 7 U.S.C. SEC.
PAGE 7-SENATE BILL 23-150 136v (b), BY THE COLORADO DEPARTMENT OF AGRICULTURE UNDER THE
"PESTICIDE ACT", ARTICLE 9 OF TITLE 35, THEN THE COVERED ENTITY, TO
THE EXTENT PERMITTED UNDER FEDERAL LAW
, SHALL SUBMIT A LABEL
COMPLIANT WITH THE LABELING REQUIREMENTS OF THIS SECTION NO LATER
THAN
DECEMBER 31, 2023, TO THE FEDERAL ENVIRONMENTAL PROTECTION
AGENCY AND
, UPON ITS APPROVAL, TO THE DEPARTMENT OF AGRICULTURE ,
WHICH SHALL REVIEW THE LABEL OF THE COVERED PRODUCT IN THE MANNER
AUTHORIZED UNDER THE
"PESTICIDE ACT", ARTICLE 9 OF TITLE 35, AND
ADMINISTRATIVE RULES ADOPTED UNDER THE
"PESTICIDE ACT", ARTICLE 9
OF TITLE 35.
(b) I
F THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY OR THE
COLORADO DEPARTMENT OF AGRICULTURE DOES NOT APPROVE A PRODUCT
LABEL THAT OTHERWISE COMPLIES WITH THE LABELING REQUIREMENTS OF
THIS SECTION
, THE COVERED ENTITY SHALL USE A LABEL THAT COMPLIES
WITH AS MANY OF THE REQUIREMENTS OF THIS SECTION AS THE RELEVANT
AGENCY HAS APPROVED
.
(7) A
COVERED ENTITY MAY INCLUDE ON A COVERED PRODUCT
WORDS OR PHRASES IN ADDITION TO THOSE REQUIRED FOR THE LABEL
NOTICE IF THE WORDS OR PHRASES ARE CONSISTENT WITH THE PURPOSES OF
THIS SECTION
.
25-18.9-105. Enforcement. A
PERSON THAT, IN THE COURSE OF THE
PERSON
'S BUSINESS, VOCATION, OR OCCUPATION, VIOLATES SECTION
25-18.9-104 COMMITS A DECEPTIVE TRADE PRACTICE UNDER THE
"COLORADO CONSUMER PROTECTION ACT", ARTICLE 1 OF TITLE 6.
SECTION 2. In Colorado Revised Statutes, 6-1-105, add (1)(www)
as follows:
6-1-105. Unfair or deceptive trade practices. (1) A person
engages in a deceptive trade practice when, in the course of the person's
business, vocation, or occupation, the person:
(www) V
IOLATES SECTION 25-18.9-104.
SECTION 3. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly; except
PAGE 8-SENATE BILL 23-150 that, if a referendum petition is filed pursuant to section 1 (3) of article V
of the state constitution against this act or an item, section, or part of this act
within such period, then the act, item, section, or part will not take effect
unless approved by the people at the general election to be held in
November 2024 and, in such case, will take effect on the date of the official
declaration of the vote thereon by the governor.
____________________________ ____________________________
Steve Fenberg Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 9-SENATE BILL 23-150