Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H805 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2639 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 805
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sean Garballey and Steven Owens
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act protecting wastewater and sewerage systems through the labeling of non-flushable
13	13	wipes.
14	14	_______________
15	15	PETITION OF:
16	16	NAME:DISTRICT/ADDRESS :DATE ADDED:Sean Garballey23rd Middlesex1/18/2023Steven Owens29th Middlesex1/19/2023Vanna Howard17th Middlesex1/31/2023Ruth B. Balser12th Middlesex2/6/2023Brandy Fluker Oakley12th Suffolk3/10/2023 1 of 11
17	17	HOUSE DOCKET, NO. 2639 FILED ON: 1/19/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 805
19	19	By Representatives Garballey of Arlington and Owens of Watertown, a petition (accompanied
20	20	by bill, House, No. 805) of Sean Garballey, Steven Owens and others relative to protecting
21	21	wastewater and sewerage systems through the labeling of non-flushable wipes. Environment and
22	22	Natural Resources.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act protecting wastewater and sewerage systems through the labeling of non-flushable
29	29	wipes.
30	30	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
31	31	of the same, as follows:
32	32	1 SECTION 1. Chapter 94 of the General Laws, as appearing in the 2018 Official Edition,
33	33	2 is hereby amended by adding the following sections:
34	34	3 Section 330. Definitions applicable to Secs. 330-333.
35	35	4 For the purposes of sections three hundred and thirty to three hundred and thirty-three,
36	36	5inclusive, the following words and phrases shall have the following meanings:--
37	37	6 “Covered entity”, means the manufacturer of a covered product that is sold in this
38	38	7Commonwealth or offered for sale in the Commonwealth. “Covered entity” includes a
39	39	8wholesaler, supplier, or retailer that is responsible for the labeling or packaging of a covered
40	40	9product. 2 of 11
41	41	10 “Covered product”, means a consumer product sold in the Commonwealth or offered for
42	42	11sale in the Commonwealth that is either a premoistened nonwoven disposable wipe marketed as
43	43	12a baby wipe or diapering wipe or a premoistened nonwoven disposable wipe that is both of the
44	44	13following: (a) composed entirely of or in part of petrochemical-derived fibers; and (b) likely to
45	45	14be used in a bathroom and has significant potential to be flushed, including baby wipes,
46	46	15bathroom cleaning wipes, toilet cleaning wipes, hard surface cleaning wipes, disinfecting wipes,
47	47	16hand sanitizing wipes, antibacterial wipes, facial and makeup removal wipes, general purpose
48	48	17cleaning wipes, personal care wipes for use on the body, feminine hygiene wipes, adult
49	49	18incontinence wipes, adult hygiene wipes, and body cleansing wipes.
50	50	19 “High contrast” means satisfying both of the following conditions: (a) is provided by
51	51	20either a light symbol on a solid dark background or a dark symbol on a solid light background;
52	52	21(b) has at least 70 percent contrast between the symbol artwork and background using the
53	53	22following formula: (B1-B2)/B1*100=contrast percentage, where B1= the light reflectance value
54	54	23of the lighter area and B2 = the light reflectance value of the darker area.
55	55	24 “Label notice” means the phrase “Do Not Flush” and the type size of the label notice
56	56	25shall be equal to at least 2 percent of the surface area of the principal display panel in size. For
57	57	26covered products regulated pursuant to the Federal Hazardous Substances Act, (15 U.S.C. §§
58	58	271261 et seq.) by the United States Consumer Product Safety Commission under Section
59	59	281500.121 of Title 16 of the Code of Federal Regulations, if the label notice would result in a type
60	60	29size larger than first aid instructions pursuant to the Federal Hazardous Substances Act, the type
61	61	30size for the label notice shall, to the extent permitted by federal law, be equal to or greater than
62	62	31the type size required for the first aid instructions. For covered products required to be registered
63	63	32by the United States Environmental Protection Agency under the Federal Insecticide, Fungicide, 3 of 11
64	64	33and Rodenticide Act (FIFRA), 7 U.S.C.§§ 136 et. seq., if the label notice would result in a type
65	65	34size on the principal display panel larger than a warning pursuant to FIFRA, then the type size
66	66	35for the label notice shall, to the extent permitted by federal law, be equal to or greater than the
67	67	36type size required for the “keep out of reach of children” statement under FIFRA.
68	68	37 “Principal display panel” means the side of the product package that is most likely to be
69	69	38 displayed, presented, or shown under customary conditions of display for retail sale. In
70	70	39the case of a cylindrical or nearly cylindrical package, the surface area of the principal display
71	71	40panel constitutes 40 percent of the product package as measured by multiplying the height of the
72	72	41container times the circumference. In the case of a flexible film package, in which a rectangular
73	73	42prism or nearly rectangular prism stack of wipes is housed within such film, the surface area of
74	74	43the principal display panel is measured by multiplying the length times the width of the side of
75	75	44the package when the flexible packaging film is pressed flat against the stack of wipes on all
76	76	45sides of the stack.
77	77	46 “Symbol” means the “Do Not Flush” symbol, or a gender equivalent thereof, as depicted
78	78	47in the INDA/EDANA Code of Practice Second Edition and published within “Guidelines for
79	79	48Assessing the Flushability of Disposable Nonwoven Products,” Edition 4, May 2018.
80	80	49 Section 331. Labeling.
81	81	50 A. The symbol shall be sized equal to at least 2 percent of the surface area of the
82	82	51principal display panel, except as specified in clause (iii) of subparagraph (B) of paragraph (1) of
83	83	52subsection B. (a) of Section 331. 4 of 11
84	84	53 B. (a) Except as provided in subdivisions (b), (c), (d), and (f), a covered product
85	85	54manufactured on or after July 1, 2025, shall be labeled clearly and conspicuously in adherence
86	86	55with the following labeling requirements:
87	87	56 (1) In the case of cylindrical or near cylindrical packaging intended to dispense individual
88	88	57wipes, a covered entity shall comply with one of the following options:
89	89	58 (A) Place the symbol and label notice on the principal display panel in a location
90	90	59reasonably viewable each time a wipe is dispensed.
91	91	60 (B) Place the symbol on the principal display panel, and either the symbol or label
92	92	61notice, or the symbol and label notice in combination, on the flip lid, subject to the following:
93	93	62 (i) If the label notice does not appear on the flip lid, the label notice shall be placed on the
94	94	63principal display panel.
95	95	64 (ii) The symbol or label notice, or the symbol and label notice in combination, on the flip
96	96	65lid may be embossed, and in that case are not required to comply with paragraph (6).
97	97	66 (iii) The symbol or label notice, or the symbol and label notice in combination, on the flip
98	98	67lid shall cover a minimum of 8 percent of the surface area of the flip lid.
99	99	68 (2) In the case of flexible film packaging intended to dispense individual wipes, a
100	100	69covered entity shall place the symbol on the principal display panel and dispensing side panel
101	101	70and place the label notice on either the principal display panel of dispensing side panel in a
102	102	71prominent location reasonably visible to the user each time a wipe is dispensed. If the principal
103	103	72display panel is on the dispensing side of the package, two symbols are not required. 5 of 11
104	104	73 (3) In the case of refillable tubs or other rigid packaging intended to dispense individual
105	105	74wipes and be reused by the consumer for that purpose, a covered entity shall place the symbol
106	106	75and label notice on the principal display panel in a prominent location reasonably visible to the
107	107	76user each time a wipe is dispensed.
108	108	77 (4) In the case of packaging not intended to dispense individual wipes, a covered entity
109	109	78shall place the symbol and label notice on the principal display panel in a prominent and
110	110	79reasonably visible location.
111	111	80 (5) A covered entity shall ensure the packaging seams, folds, or other package design
112	112	81elements to not obscure the symbol or the label notice.
113	113	82 (6) A covered entity shall ensure the symbol and label notice have sufficiently high
114	114	83contrast with the immediate background of the packaging to render it likely to be seen and read
115	115	84by the ordinary individual under customary conditions of purchase and use.
116	116	85 (b) For covered products sold in bulk at retail, both the outer package visible at retail and
117	117	86the individual packages contained within shall comply with the labeling requirements in
118	118	87subdivision (a) applicable to the particular packaging types, except the following:
119	119	88 (1) Individual packages contained within the outer package that are not intended to
120	120	89dispense individual wipes and contain no retail labeling.
121	121	90 (2) Outer packages that do not obscure the symbol and label notice on individual
122	122	91packages contained within. 6 of 11
123	123	92 (c) If a covered product is provided within the same packaging as another consumer
124	124	93product for use in combination with the other product, the outside retail packaging of the other
125	125	94consumer product does not need to comply with the labeling requirements of subdivision (a).
126	126	95 (d) If a covered product is provided within the same package as another consumer
127	127	96product for use in combination with the other product and is in a package smaller than three
128	128	97inches by three inches, the covered entity may comply with the requirements of subdivision (a)
129	129	98by placing the symbol and label notice in a prominent location reasonably visible to the user of
130	130	99the covered product.
131	131	100 (e) A covered entity, directly or through a corporation, partnership, subsidiary, division,
132	132	101trade name, or association in connection to the manufacturing, labeling, packaging, advertising,
133	133	102promotion, offering for sale, sale, or distribution of a covered product, shall not make any
134	134	103representation, in any manner, expressly or by implication, including through the use of a
135	135	104product name, endorsement, depiction, illustration, trademark, or trade name, about the flushable
136	136	105attributes, flushable benefits, flushable performance, or flushable efficacy of a covered product.
137	137	106 (f) (1) If a covered product is required to be registered by the United States
138	138	107Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act
139	139	108(FIFRA) (7 U.S.C. Sec. 136 et seq.) and the Department of Pesticide Regulation under Division
140	140	1096 (commencing with Section 11401) of the Food and Agricultural Code, then the covered entity
141	141	110shall submit a label compliant with the labeling requirements of subdivision (a) no later than July
142	142	1111, 2025, to the United States Environmental Protection Agency, and upon its approval, to the
143	143	112Department of Pesticide Regulation. 7 of 11
144	144	113 (2) If the United States Environmental Protection Agency or the Department of Pesticide
145	145	114Regulation does not approve a product label that otherwise complies with the labeling
146	146	115requirements of subdivision (a), the covered entity shall use a label with as many of the
147	147	116requirements of this section as the relevant agency has approved.
148	148	117 (g) A covered entity may include on a covered product words or phrases in addition to
149	149	118those required for the label notice if the words or phrases are consistent with the purposes of this
150	150	119part.
151	151	120 Section 332. Massachusetts Consumer Education and Outreach Program
152	152	121 A. (a) The Massachusetts Consumer Education and Outreach Program is hereby
153	153	122established. As part of the program, covered entities, in collaboration with other covered entities,
154	154	123shall do all of the following:
155	155	124 (1) Participate in a collection study conducted in collaboration with wastewater agencies
156	156	125for the purpose of gaining understanding of consumer behavior regarding the flushing of covered
157	157	126products as a key input into the design of a consumer education and outreach program. The
158	158	127collection study shall be jointly coordinated by the Massachusetts Department of Environmental
159	159	128Protection and a group of waste water collection systems, including, but not limited to:
160	160	129Massachusetts Water Resources Authority and its communities, Greater Lawrence Sanitary
161	161	130District, Upper Blackstone Clean Water, Springfield Water and Sewer Commission, Pittsfield
162	162	131City Wastewater, New Bedford DPI Water/Wastewater Department, Fall River Sewer
163	163	132Commission, City of Brockton Sewer Department.
164	164	133 (2) Conduct a consumer opinion survey to identify baseline consumer behavior and
165	165	134awareness regarding the flushing or other disposal of covered products. 8 of 11
166	166	135 (3) Measure effectiveness of the consumer education program on consumer awareness of
167	167	136the symbol and label notice and consumer attitudes about disposal of covered products by
168	168	137conducting a subsequent consumer awareness survey comparing the baseline data provided by
169	169	138the 2025 survey with survey data from subsequent years. The surveys to determine the
170	170	139effectiveness and ongoing success of the consumer education program shall take place annually
171	171	140until December 31, 2035.
172	172	141 (b) Covered entities, either independently or in collaboration with other covered entities
173	173	142or other organizations, shall conduct a comprehensive multimedia education and outreach
174	174	143program in the Commonwealth. At a minimum, the education and outreach program shall do
175	175	144both of the following:
176	176	145 (1) Promote consumer awareness and understanding of and compliance with the symbol
177	177	146and label notice requirements. Covered entities shall provide wastewater agencies with the
178	178	147consumer education messaging for the symbol and the label notice. The wastewater agencies
179	179	148may include the messaging as part of their routine communications with customers within their
180	180	149service area.
181	181	150 (2) Provide education and outreach in Spanish, English, French, Portuguese, Mandarin,
182	182	151Russian, and other languages as needed to reach the Commonwealth’s residents.
183	183	152 (c) Covered entities shall take reasonable steps to ensure that they do not promote
184	184	153products as part of this education and outreach program.
185	185	154 (d) Covered entities, either independently or in collaboration with other covered entities,
186	186	155shall report to the joint committee on the environment, natural resources and agriculture, on their 9 of 11
187	187	156activities under this section on an annual basis. The Massachusetts department of environmental
188	188	157protection shall post the reports on its internet website.
189	189	158 (e) The Massachusetts Consumer Education and Outreach Program shall conclude on
190	190	159December 31, 2035.
191	191	160 Section 333. Enforcement
192	192	161 A. (a) The Massachusetts department of environmental protection has authority to
193	193	162enforce section 331 and to collect civil penalties for a violation of section 331, subject to the
194	194	163conditions in this subsection.
195	195	164 (b) Whoever violates section 331 may be enjoined in any court of competent jurisdiction.
196	196	165 (c) Whoever violates section 331 may be liable for a civil penalty not to exceed two
197	197	166thousand five hundred dollars ($2,500) per day, up to a maximum of one hundred thousand
198	198	167dollars ($100,000) for each violation. That civil penalty may be assessed and recovered in a civil
199	199	168action brought in any court of competent jurisdiction. For purposes of this section, offering for
200	200	169sale or selling in Massachusetts one or more units of the same covered product labeled in
201	201	170violation of Section 331 shall constitute a single violation for each day the noncompliant units
202	202	171are offered for sale or sold.
203	203	172 (d) A specific violation is deemed to have occurred upon the sale of a noncompliant
204	204	173product
205	205	174 package.
206	206	175 (e) In assessing the amount of a civil penalty for a violation of section 331, the court
207	207	176shall 10 of 11
208	208	177 consider:
209	209	178 (1) The nature, circumstances, extent, and gravity of the violation;
210	210	179 (2) The violator’s past and present efforts to prevent, abate, or clean up conditions posing
211	211	180 a threat to the public health or safety or the environment;
212	212	181 (3) The violator’s ability to pay the proposed penalty;
213	213	182 (4) The effect that the proposed penalty would have on the violator and the community as
214	214	183 a whole;
215	215	184 (5) Whether the violator took good faith measures to comply with this section and when
216	216	185 these measures were taken;
217	217	186 (6) The deterrent effect that the imposition of the penalty would have on both the violator
218	218	187 and the regulated community as a whole; and
219	219	188 (7) Any other factor that justice may require.
220	220	189 B. (a) The department of environmental protection may refer violations of section 331 to
221	221	190the attorney general for enforcement and actions may be brought pursuant to this section by the
222	222	191 attorney general in the name of the people of the Commonwealth in any court of
223	223	192competent jurisdiction.
224	224	193 (b) Any civil penalties collected pursuant to this section shall be paid to the enforcing
225	225	194 governmental entity that brought the action. 11 of 11
226	226	195 C. The remedies provided by this section are not exclusive and are in addition to the
227	227	196 remedies that may be available pursuant to Massachusetts general law chapter 93A or
228	228	197other consumer protection laws, if applicable.
229	229	198 D. In addition to penalties recovered under this section, the enforcing government entity
230	230	199 may recover reasonable enforcement costs and attorneys’ fees from the liable covered
231	231	200entity.
232	232	201 SECTION 2. This act shall take effect on January 1, 2025.