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HOUSE DOCKET, NO. 2849 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 945
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Sean Garballey and Steven Owens
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act protecting wastewater and sewerage systems through the labeling of non-flushable
wipes.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Sean Garballey23rd Middlesex1/16/2025Steven Owens29th Middlesex1/16/2025 1 of 10
HOUSE DOCKET, NO. 2849 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 945
By Representatives Garballey of Arlington and Owens of Watertown, a petition (accompanied
by bill, House, No. 945) of Sean Garballey and Steven Owens relative to protecting wastewater
and sewerage systems through the labeling of non-flushable wipes. Environment and Natural
Resources.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act protecting wastewater and sewerage systems through the labeling of non-flushable
wipes.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 94 of the General Laws, as appearing in the 2024 Official Edition,
2is hereby amended by adding the following sections: Section 330. Definitions applicable to
3Section. 330-333, inclusive.
4 For the purposes of sections 330 to 333, inclusive, the following words and phrases shall
5have the following meanings:
6 “Covered entity”, means the manufacturer of a covered product that is sold in this state or
7offered for sale in the state. “Covered entity” includes a wholesaler, supplier or retailer that is
8responsible for the labeling or packaging of a covered product.
9 “Covered product”, means a consumer product sold in the state or offered for sale in the
10state that is either a premoistened nonwoven disposable wipe marketed as a baby wipe or 2 of 10
11diapering wipe or a premoistened nonwoven disposable wipe that is both of the following: (a)
12composed entirely of or in part of petrochemical-derived fibers; and (b) likely to be used in a
13bathroom and has significant potential to be flushed, including baby wipes, bathroom cleaning
14wipes, toilet cleaning wipes, hard surface cleaning wipes, disinfecting wipes, hand sanitizing
15wipes, antibacterial wipes, facial and makeup removal wipes, general purpose cleaning wipes,
16personal care wipes for use on the body, feminine hygiene wipes, adult incontinence wipes, adult
17hygiene wipes, and body cleansing wipes.
18 “High contrast” means satisfying both of the following conditions: (a) is provided by
19either a light symbol on a solid dark background or a dark symbol on a solid light background;
20(b) has at least 70 percent contrast between the symbol artwork and background using the
21following formula: (B1-B2)/b1*100=contrast percentage, where B1= the light reflectance value
22of the lighter area and B2 = the light reflectance value of the darker area.
23 “Label notice” means the phrase “Do Not Flush” and the type size of the label notice
24shall be equal to at least 2 percent of the surface area of the principal display panel in size. For
25covered products regulated pursuant to the Federal Hazardous Substances Act, (15 U.S.C. §§
261261 et seq.) by the United States Consumer Product Safety Commission under Section
271500.121 of Title 16 of the Code of Federal Regulations, if the label notice would result in a type
28size larger than first aid instructions pursuant to the Federal Hazardous Substances Act, the type
29size for the label notice shall, to the extent permitted by federal law, be equal to or greater than
30the type size required for the first aid instructions. For covered products required to be registered
31by the United States Environmental Protection Agency under the Federal Insecticide, Fungicide,
32and Rodenticide Act (FIFRA), 7 U.S.C.§§ 136 et. seq., if the label notice would result in a type
33size on the principal display panel larger than a warning pursuant to FIFRA, then the type size 3 of 10
34for the label notice shall, to the extent permitted by federal law, be equal to or greater than the
35type size required for the “keep out of reach of children” statement under FIFRA.
36 “Principal display panel” means the side of the product package that is most likely to be
37displayed, presented or shown under customary conditions of display for retail sale. In the case
38of a cylindrical or nearly cylindrical package, the surface area of the principal display panel
39constitutes 40 per cent of the product package as measured by multiplying the height of the
40container times the circumference. In the case of a flexible film package, in which a rectangular
41prism or nearly rectangular prism stack of wipes is housed within such film, the surface area of
42the principal display panel is measured by multiplying the length times the width of the side of
43the package when the flexible packaging film is pressed flat against the stack of wipes on all
44sides of the stack.
45 “Symbol” means the “Do Not Flush” symbol, or a gender equivalent thereof, as depicted
46in the INDA/EDANA Code of Practice Second Edition and published within “Guidelines for
47Assessing the Flushability of Disposable Nonwoven Products,” Edition 4, May 2018.
48 Section 331. Labeling. (a) The symbol shall be sized equal to at least 2 per cent of the
49surface area of the principal display panel, except as specified in provided in clause (iii) of
50subparagraph (B) of paragraph (1) of subsection (b) of Section 1.
51 (b) Except as provided in subsections (c), (d), (e), and (g), a covered product
52manufactured on or after July 1, 2027, shall be labeled clearly and conspicuously in adherence
53with the following labeling requirements:
54 (1) In the case of cylindrical or near-cylindrical packaging intended to dispense
55individual wipes, a covered entity shall comply with one of the following options: (A) Place the 4 of 10
56symbol and label notice on the principal display panel in a location reasonably viewable each
57time a wipe is dispensed. (B) Place the symbol on the principal display panel, and either the
58symbol or label notice, or the symbol and label notice in combination, on the flip lid, subject to
59the following: (i) If the label notice does not appear on the flip lid, the label notice shall be
60placed on the principal display panel. (ii) The symbol or label notice, or the symbol and label
61notice in combination, on the flip lid may be embossed and in that case are not required to
62comply with paragraph (6). (iii) The symbol or label notice, or the symbol and label notice in
63combination, on the flip lid shall cover a minimum of 8 percent of the surface area of the flip lid.
64 (2) In the case of flexible film packaging intended to dispense individual wipes, a
65covered entity shall place the symbol on the principal display panel and dispensing side panel
66and place the label notice on either the principal display panel of dispensing side panel in a
67prominent location reasonably visible to the user each time a wipe is dispensed. If the principal
68display panel is on the dispensing side of the package, two symbols are not required.
69 (3) In the case of refillable tubs or other rigid packaging intended to dispense individual
70wipes and be reused by the consumer for that purpose, a covered entity shall place the symbol
71and label notice on the principal display panel in a prominent location reasonably visible to the
72user each time a wipe is dispensed.
73 (4) In the case of packaging not intended to dispense individual wipes, a covered entity
74shall place the symbol and label notice on the principal display panel in a prominent and
75reasonably visible location.
76 (5) A covered entity shall ensure the packaging seams, folds, or other package design
77elements to not obscure the symbol or the label notice. 5 of 10
78 (6) A covered entity shall ensure the symbol and label notice have sufficiently high
79contrast with the immediate background of the packaging to render it likely to be seen and read
80by the ordinary individual under customary conditions of purchase and use.
81 (c) For covered products sold in bulk at retail, both the outer package visible at retail and
82the individual packages contained within shall comply with the labeling requirements in
83subsection (b) applicable to the particular packaging types, except the following:
84 (1) Individual packages contained within the outer package that are not intended to
85dispense individual wipes and contain no retail labeling.
86 (2) Outer packages that do not obscure the symbol and label notice on individual
87packages contained within.
88 (d) If a covered product is provided within the same packaging as another consumer
89product for use in combination with the other product, the outside retail packaging of the other
90consumer product does not need to comply with the labeling requirements of subsection (b).
91 (e) If a covered product is provided within the same package as another consumer
92product for use in combination with the other product and is in a package smaller than three
93inches by three inches, the covered entity may comply with the requirements of subsection (b) by
94placing the symbol and label notice in a prominent location reasonably visible to the user of the
95covered product.
96 (f) A covered entity, directly or through a corporation, partnership, subsidiary, division,
97trade name, or association in connection to the manufacturing, labeling, packaging, advertising,
98promotion, offering for sale, sale, or distribution of a covered product, shall not make any 6 of 10
99representation, in any manner, expressly or by implication, including through the use of a
100product name, endorsement, depiction, illustration, trademark, or trade name, about the flushable
101attributes, flushable benefits, flushable performance, or flushable efficacy of a covered product.
102 (g) (1) If a covered product is required to be registered by the United States
103Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act
104(7 U.S.C. Sec. 136 et seq.) and the Department of Pesticide Regulation under Division 6
105(commencing with Section 11401) of the Food and Agricultural Code, then the covered entity
106shall submit a label compliant with the labeling requirements of subsection (b) no later than
107January 1, 2027, to the United States Environmental Protection Agency, and upon its approval,
108to the Department of Pesticide Regulation.
109 (2) If the United States Environmental Protection Agency or the Department of Pesticide
110Regulation does not approve a product label that otherwise complies with the labeling
111requirements of subsection (b), the covered entity shall use a label with as many of the
112requirements of this section as the relevant agency has approved.
113 (h) A covered entity may include on a covered product words or phrases in addition to
114those required for the label notice if the words or phrases are consistent with the purposes of this
115part.
116 Section 332.Massachusetts Consumer Education and Outreach Program (a) The
117Massachusetts Consumer Education and Outreach Program is hereby established. As part of the
118program, covered entities, in collaboration with other covered entities, shall do all of the
119following: 7 of 10
120 (1) Participate in a collection study conducted in collaboration with wastewater agencies
121for the purpose of gaining understanding of consumer behavior regarding the flushing of covered
122products as a key input into the design of a consumer education and outreach program. The
123collection study shall be jointly coordinated by the Massachusetts Department of Environmental
124Protection and a group of covered entities, including, but not limited to: Massachusetts Water
125Resources Authority and Greater Lawrence Sewer District.
126 (2) Conduct a consumer opinion survey to identify baseline consumer behavior and
127awareness regarding the flushing or other disposal of covered products.
128 (3) Measure effectiveness of the consumer education program on consumer awareness of
129the symbol and label notice and consumer attitudes about disposal of covered products by
130conducting a subsequent consumer awareness survey comparing the baseline data provided by
131the 2022 survey with survey data from subsequent years. The surveys to determine the
132effectiveness and ongoing success of the consumer education program shall take place annually
133until December 31, 2037.
134 (b) Covered entities, either independently or in collaboration with other covered entities
135or other organizations, shall conduct a comprehensive multimedia education and outreach
136program in the state. At a minimum, the education and outreach program shall do both of the
137following:
138 (1) Promote consumer awareness and understanding of and compliance with the symbol
139and label notice requirements. Covered entities shall provide wastewater agencies with the
140consumer education messaging for the symbol and the label notice. The wastewater agencies 8 of 10
141may include the messaging as part of their routine communications with customers within their
142service area.
143 (2) Provide education and outreach in Spanish and English.
144 (c) Covered entities shall take reasonable steps to ensure that they do not promote
145products outside of the scope of this part as part of the education and outreach program.
146 (d) Covered entities shall take reasonable steps to ensure that their education and
147outreach program does not conflict with the programs of other covered entities or groups of
148covered entities.
149 (e) Covered entities, either independently or in collaboration with other covered entities,
150shall report to the Joint Committee on the Environment and Natural Resources and the Water
151Resources Commission on their activities under this section on an annual basis. The Water
152Resources Commission shall post the reports on its internet website.
153 (f) The Massachusetts Consumer Education and Outreach Program shall conclude on
154December 31, 2037.
155 (g) This section shall remain in effect only until January 1, 2038, and as of that date is
156repealed.
157 Section 333. Enforcement (a) The department of environmental protection has authority
158to enforce this section and to collect civil penalties for a violation of this section, subject to the
159conditions in this subsection. Whoever violates this section may be enjoined in any court of
160competent jurisdiction. Whoever violates this section may be liable for a civil penalty not to
161exceed $2,500 for each violation. The civil penalty may be assessed and recovered in a civil 9 of 10
162action brought in any court of competent jurisdiction. A specific violation is deemed to have
163occurred upon the sale of a noncompliant product package. The repeated sale of the same
164noncompliant product package is considered part of the same, single violation. (b) In assessing
165the amount of a civil penalty for a violation of this section, the court shall consider:
166 (1) The nature, circumstances, extent, and gravity of the violation;
167 (2) The violator’s past and present efforts to prevent, abate, or clean up conditions posing
168a threat to the public health or safety or the environment;
169 (3) The violator’s ability to pay the proposed penalty;
170 (4) The effect that the proposed penalty would have on the violator and the community as
171a whole;
172 (5) Whether the violator took good faith measures to comply with this section and when
173these measures were taken;
174 (6) The deterrent effect that the imposition of the penalty would have on both the violator
175and the regulated community as a whole; and
176 (7) Any other factor that justice may require.
177 (c) The department of environmental protection may refer violations of this section to the
178attorney general for enforcement and actions may be brought pursuant to this section by the
179attorney general in the name of the people of the state in any court of competent jurisdiction. (d)
180Any civil penalties collected pursuant to this section shall be paid to the enforcing governmental
181entity that brought the action. (e) The remedies provided by this section are not exclusive and are
182in addition to the remedies that may be available pursuant to chapter 93A or other consumer 10 of 10
183protection laws, if applicable. (f) In addition to penalties recovered under this section, the
184enforcing government entity may recover reasonable enforcement costs and attorneys’ fees from
185the liable covered entity. SECTION 2. This act shall take effect on January 1, 2027.