Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S480 Compare Versions

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

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1	1	1 of 1
2	2	SENATE DOCKET, NO. 1211 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 480
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	James B. Eldridge
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 :James B. EldridgeMiddlesex and WorcesterVanna Howard17th Middlesex1/31/2023Lindsay N. Sabadosa1st Hampshire2/1/2023 1 of 10
17	17	SENATE DOCKET, NO. 1211 FILED ON: 1/19/2023
18	18	SENATE . . . . . . . . . . . . . . No. 480
19	19	By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 480) of James B. Eldridge, Vanna
20	20	Howard and Lindsay N. Sabadosa for legislation to protect wastewater and sewerage systems
21	21	through the labeling of non-flushable wipes. Environment and Natural Resources.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act protecting wastewater and sewerage systems through the labeling of non-flushable
28	28	wipes.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 94 of the General Laws, as appearing in the 2018 Official Edition,
32	32	2is hereby amended by adding the following sections:-
33	33	3 Section 330. Definitions applicable to Secs. 330-333.
34	34	4 For the purposes of sections three hundred and thirty to three hundred and thirty-three,
35	35	5inclusive, the following words and phrases shall have the following meanings:--
36	36	6 “Covered entity”, means the manufacturer of a covered product that is sold in this
37	37	7Commonwealth or offered for sale in the Commonwealth. “Covered entity” includes a
38	38	8wholesaler, supplier, or retailer that is responsible for the labeling or packaging of a covered
39	39	9product.
40	40	10 “Covered product”, means a consumer product sold in the Commonwealth or offered for
41	41	11sale in the Commonwealth that is either a premoistened nonwoven disposable wipe marketed as 2 of 10
42	42	12a baby wipe or diapering wipe or a premoistened nonwoven disposable wipe that is both of the
43	43	13following: (a) composed entirely of or in part of petrochemical-derived fibers; and (b) likely to
44	44	14be used in a bathroom and has significant potential to be flushed, including baby wipes,
45	45	15bathroom cleaning wipes, toilet cleaning wipes, hard surface cleaning wipes, disinfecting wipes,
46	46	16hand sanitizing wipes, antibacterial wipes, facial and makeup removal wipes, general purpose
47	47	17cleaning wipes, personal care wipes for use on the body, feminine hygiene wipes, adult
48	48	18incontinence wipes, adult hygiene wipes, and body cleansing wipes.
49	49	19 “High contrast” means satisfying both of the following conditions: (a) is provided by
50	50	20either a light symbol on a solid dark background or a dark symbol on a solid light background;
51	51	21(b) has at least 70 percent contrast between the symbol artwork and background using the
52	52	22following formula: (B1-B2)/B1*100=contrast percentage, where B1= the light reflectance value
53	53	23of the lighter area and B2 = the light reflectance value of the darker area.
54	54	24 “Label notice” means the phrase “Do Not Flush” and the type size of the label notice
55	55	25shall be equal to at least 2 percent of the surface area of the principal display panel in size. For
56	56	26covered products regulated pursuant to the Federal Hazardous Substances Act, (15 U.S.C. §§
57	57	271261 et seq.) by the United States Consumer Product Safety Commission under Section
58	58	281500.121 of Title 16 of the Code of Federal Regulations, if the label notice would result in a type
59	59	29size larger than first aid instructions pursuant to the Federal Hazardous Substances Act, the type
60	60	30size for the label notice shall, to the extent permitted by federal law, be equal to or greater than
61	61	31the type size required for the first aid instructions. For covered products required to be registered
62	62	32by the United States Environmental Protection Agency under the Federal Insecticide, Fungicide,
63	63	33and Rodenticide Act (FIFRA), 7 U.S.C.§§ 136 et. seq., if the label notice would result in a type
64	64	34size on the principal display panel larger than a warning pursuant to FIFRA, then the type size 3 of 10
65	65	35for the label notice shall, to the extent permitted by federal law, be equal to or greater than the
66	66	36type size required for the “keep out of reach of children” statement under FIFRA.
67	67	37 “Principal display panel” means the side of the product package that is most likely to be
68	68	38displayed, presented, or shown under customary conditions of display for retail sale. In the case
69	69	39of a cylindrical or nearly cylindrical package, the surface area of the principal display panel
70	70	40constitutes 40 percent of the product package as measured by multiplying the height of the
71	71	41container times the circumference. In the case of a flexible film package, in which a rectangular
72	72	42prism or nearly rectangular prism stack of wipes is housed within such film, the surface area of
73	73	43the principal display panel is measured by multiplying the length times the width of the side of
74	74	44the package when the flexible packaging film is pressed flat against the stack of wipes on all
75	75	45sides of the stack.
76	76	46 “Symbol” means the “Do Not Flush” symbol, or a gender equivalent thereof, as depicted
77	77	47in the INDA/EDANA Code of Practice Second Edition and published within “Guidelines for
78	78	48Assessing the Flushability of Disposable Nonwoven Products,” Edition 4, May 2018.
79	79	49 Section 331. Labeling.
80	80	50 A. The symbol shall be sized equal to at least 2 percent of the surface area of the
81	81	51principal display panel, except as specified in clause (iii) of subparagraph (B) of paragraph (1) of
82	82	52subsection B. (a) of Section 331.
83	83	53 B. (a) Except as provided in subdivisions (b), (c), (d), and (f), a covered product
84	84	54manufactured on or after July 1, 2025, shall be labeled clearly and conspicuously in adherence
85	85	55with the following labeling requirements: 4 of 10
86	86	56 (1) In the case of cylindrical or near cylindrical packaging intended to dispense individual
87	87	57wipes, a covered entity shall comply with one of the following options:
88	88	58 (A) Place the symbol and label notice on the principal display panel in a location
89	89	59reasonably viewable each time a wipe is dispensed.
90	90	60 (B) Place the symbol on the principal display panel, and either the symbol or label notice,
91	91	61or the symbol and label notice in combination, on the flip lid, subject to the following:
92	92	62 (i) If the label notice does not appear on the flip lid, the label notice shall be placed on the
93	93	63principal display panel.
94	94	64 (ii) The symbol or label notice, or the symbol and label notice in combination, on the flip
95	95	65lid may be embossed, and in that case are not required to comply with paragraph (6).
96	96	66 (iii) The symbol or label notice, or the symbol and label notice in combination, on the flip
97	97	67lid shall cover a minimum of 8 percent of the surface area of the flip lid.
98	98	68 (2) In the case of flexible film packaging intended to dispense individual wipes, a
99	99	69covered entity shall place the symbol on the principal display panel and dispensing side panel
100	100	70and place the label notice on either the principal display panel of dispensing side panel in a
101	101	71prominent location reasonably visible to the user each time a wipe is dispensed. If the principal
102	102	72display panel is on the dispensing side of the package, two symbols are not required.
103	103	73 (3) In the case of refillable tubs or other rigid packaging intended to dispense individual
104	104	74wipes and be reused by the consumer for that purpose, a covered entity shall place the symbol
105	105	75and label notice on the principal display panel in a prominent location reasonably visible to the
106	106	76user each time a wipe is dispensed. 5 of 10
107	107	77 (4) In the case of packaging not intended to dispense individual wipes, a covered entity
108	108	78shall place the symbol and label notice on the principal display panel in a prominent and
109	109	79reasonably visible location.
110	110	80 (5) A covered entity shall ensure the packaging seams, folds, or other package design
111	111	81elements do not obscure the symbol or the label notice.
112	112	82 (6) A covered entity shall ensure the symbol and label notice have sufficiently high
113	113	83contrast with the immediate background of the packaging to render it likely to be seen and read
114	114	84by the ordinary individual under customary conditions of purchase and use.
115	115	85 (b) For covered products sold in bulk at retail, both the outer package visible at retail and
116	116	86the individual packages contained within shall comply with the labeling requirements in
117	117	87subdivision (a) applicable to the particular packaging types, except the following:
118	118	88 (1) Individual packages contained within the outer package that are not intended to
119	119	89dispense individual wipes and contain no retail labeling.
120	120	90 (2) Outer packages that do not obscure the symbol and label notice on individual
121	121	91packages contained within.
122	122	92 (c) If a covered product is provided within the same packaging as another consumer
123	123	93product for use in combination with the other product, the outside retail packaging of the other
124	124	94consumer product does not need to comply with the labeling requirements of subdivision (a).
125	125	95 (d) If a covered product is provided within the same package as another consumer
126	126	96product for use in combination with the other product and is in a package smaller than three
127	127	97inches by three inches, the covered entity may comply with the requirements of subdivision (a) 6 of 10
128	128	98by placing the symbol and label notice in a prominent location reasonably visible to the user of
129	129	99the covered product.
130	130	100 (e) A covered entity, directly or through a corporation, partnership, subsidiary, division,
131	131	101trade name, or association in connection to the manufacturing, labeling, packaging, advertising,
132	132	102promotion, offering for sale, sale, or distribution of a covered product, shall not make any
133	133	103representation, in any manner, expressly or by implication, including through the use of a
134	134	104product name, endorsement, depiction, illustration, trademark, or trade name, about the flushable
135	135	105attributes, flushable benefits, flushable performance, or flushable efficacy of a covered product.
136	136	106 (f) (1) If a covered product is required to be registered by the United States
137	137	107Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act
138	138	108(FIFRA) (7 U.S.C. Sec. 136 et seq.) and the Department of Pesticide Regulation under Division
139	139	1096 (commencing with Section 11401) of the Food and Agricultural Code, then the covered entity
140	140	110shall submit a label compliant with the labeling requirements of subdivision (a) no later than July
141	141	1111, 2025, to the United States Environmental Protection Agency, and upon its approval, to the
142	142	112Department of Pesticide Regulation.
143	143	113 (2) If the United States Environmental Protection Agency or the Department of Pesticide
144	144	114Regulation does not approve a product label that otherwise complies with the labeling
145	145	115requirements of subdivision (a), the covered entity shall use a label with as many of the
146	146	116requirements of this section as the relevant agency has approved.
147	147	117 (g) A covered entity may include on a covered product words or phrases in addition to
148	148	118those required for the label notice if the words or phrases are consistent with the purposes of this
149	149	119part. 7 of 10
150	150	120 Section 332. Massachusetts Consumer Education and Outreach Program
151	151	121 A. (a) The Massachusetts Consumer Education and Outreach Program is hereby
152	152	122established. As part of the program, covered entities, in collaboration with other covered entities,
153	153	123shall do all of the following:
154	154	124 (1) Participate in a collection study conducted in collaboration with wastewater agencies
155	155	125for the purpose of gaining understanding of consumer behavior regarding the flushing of covered
156	156	126products as a key input into the design of a consumer education and outreach program. The
157	157	127collection study shall be jointly coordinated by the Massachusetts Department of Environmental
158	158	128Protection and a group of waste water collection systems, including, but not limited to:
159	159	129Massachusetts Water Resources Authority and its communities, Greater Lawrence Sanitary
160	160	130District, Upper Blackstone Clean Water, Springfield Water and Sewer Commission, Pittsfield
161	161	131City Wastewater, New Bedford DPI Water/Wastewater Department, Fall River Sewer
162	162	132Commission, City of Brockton Sewer Department.
163	163	133 (2) Conduct a consumer opinion survey to identify baseline consumer behavior and
164	164	134awareness regarding the flushing or other disposal of covered products.
165	165	135 (3) Measure effectiveness of the consumer education program on consumer awareness of
166	166	136the symbol and label notice and consumer attitudes about disposal of covered products by
167	167	137conducting a subsequent consumer awareness survey comparing the baseline data provided by
168	168	138the 2025 survey with survey data from subsequent years. The surveys to determine the
169	169	139effectiveness and ongoing success of the consumer education program shall take place annually
170	170	140until December 31, 2035. 8 of 10
171	171	141 (b) Covered entities, either independently or in collaboration with other covered entities
172	172	142or other organizations, shall conduct a comprehensive multimedia education and outreach
173	173	143program in the Commonwealth. At a minimum, the education and outreach program shall do
174	174	144both of the following:
175	175	145 (1) Promote consumer awareness and understanding of and compliance with the symbol
176	176	146and label notice requirements. Covered entities shall provide wastewater agencies with the
177	177	147consumer education messaging for the symbol and the label notice. The wastewater agencies
178	178	148may include the messaging as part of their routine communications with customers within their
179	179	149service area.
180	180	150 (2) Provide education and outreach in Spanish, English, French, Portuguese, Mandarin,
181	181	151Russian, and other languages as needed to reach the Commonwealth’s residents.
182	182	152 (c) Covered entities shall take reasonable steps to ensure that they do not promote
183	183	153products as part of this education and outreach program.
184	184	154 (d) Covered entities, either independently or in collaboration with other covered entities,
185	185	155shall report to the joint committee on the environment, natural resources and agriculture, on their
186	186	156activities under this section on an annual basis. The Massachusetts department of environmental
187	187	157protection shall post the reports on its internet website.
188	188	158 (e) The Massachusetts Consumer Education and Outreach Program shall conclude on
189	189	159December 31, 2035.
190	190	160 Section 333. Enforcement 9 of 10
191	191	161 A. (a) The Massachusetts department of environmental protection has authority to
192	192	162enforce section 331 and to collect civil penalties for a violation of section 331, subject to the
193	193	163conditions in this subsection.
194	194	164 (b) Whoever violates section 331 may be enjoined in any court of competent jurisdiction.
195	195	165 (c) Whoever violates section 331 may be liable for a civil penalty not to exceed two
196	196	166thousand five hundred dollars ($2,500) per day, up to a maximum of one hundred thousand
197	197	167dollars ($100,000) for each violation. That civil penalty may be assessed and recovered in a civil
198	198	168action brought in any court of competent jurisdiction. For purposes of this section, offering for
199	199	169sale or selling in Massachusetts one or more units of the same covered product labeled in
200	200	170violation of Section 331 shall constitute a single violation for each day the noncompliant units
201	201	171are offered for sale or sold.
202	202	172 (d) A specific violation is deemed to have occurred upon the sale of a noncompliant
203	203	173product package. (e) In assessing the amount of a civil penalty for a violation of section 331, the
204	204	174court shall consider:
205	205	175 (1) The nature, circumstances, extent, and gravity of the violation;
206	206	176 (2) The violator’s past and present efforts to prevent, abate, or clean up conditions posing
207	207	177a threat to the public health or safety or the environment;
208	208	178 (3) The violator’s ability to pay the proposed penalty;
209	209	179 (4) The effect that the proposed penalty would have on the violator and the community as
210	210	180a whole; 10 of 10
211	211	181 (5) Whether the violator took good faith measures to comply with this section and when
212	212	182these measures were taken;
213	213	183 (6) The deterrent effect that the imposition of the penalty would have on both the violator
214	214	184and the regulated community as a whole; and
215	215	185 (7) Any other factor that justice may require.
216	216	186 B. (a) The department of environmental protection may refer violations of section 331 to
217	217	187the attorney general for enforcement and actions may be brought pursuant to this section by the
218	218	188attorney general in the name of the people of the Commonwealth in any court of competent
219	219	189jurisdiction.
220	220	190 (b) Any civil penalties collected pursuant to this section shall be paid to the enforcing
221	221	191governmental entity that brought the action. C. The remedies provided by this section are not
222	222	192exclusive and are in addition to the remedies that may be available pursuant to Massachusetts
223	223	193general law chapter 93A or other consumer protection laws, if applicable. D. In addition to
224	224	194penalties recovered under this section, the enforcing government entity may recover reasonable
225	225	195enforcement costs and attorneys’ fees from the liable covered entity.
226	226	196 SECTION 2. This act shall take effect on January 1, 2025.