Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H945 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. 2849 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 945
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 Middlesex1/16/2025Steven Owens29th Middlesex1/16/2025 1 of 10
17	17	HOUSE DOCKET, NO. 2849 FILED ON: 1/16/2025
18	18	HOUSE . . . . . . . . . . . . . . . No. 945
19	19	By Representatives Garballey of Arlington and Owens of Watertown, a petition (accompanied
20	20	by bill, House, No. 945) of Sean Garballey and Steven Owens relative to protecting wastewater
21	21	and sewerage systems through the labeling of non-flushable wipes. Environment and Natural
22	22	Resources.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
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 2024 Official Edition,
33	33	2is hereby amended by adding the following sections: Section 330. Definitions applicable to
34	34	3Section. 330-333, inclusive.
35	35	4 For the purposes of sections 330 to 333, inclusive, the following words and phrases shall
36	36	5have the following meanings:
37	37	6 “Covered entity”, means the manufacturer of a covered product that is sold in this state or
38	38	7offered for sale in the state. “Covered entity” includes a wholesaler, supplier or retailer that is
39	39	8responsible for the labeling or packaging of a covered product.
40	40	9 “Covered product”, means a consumer product sold in the state or offered for sale in the
41	41	10state that is either a premoistened nonwoven disposable wipe marketed as a baby wipe or 2 of 10
42	42	11diapering wipe or a premoistened nonwoven disposable wipe that is both of the following: (a)
43	43	12composed entirely of or in part of petrochemical-derived fibers; and (b) likely to be used in a
44	44	13bathroom and has significant potential to be flushed, including baby wipes, bathroom cleaning
45	45	14wipes, toilet cleaning wipes, hard surface cleaning wipes, disinfecting wipes, hand sanitizing
46	46	15wipes, antibacterial wipes, facial and makeup removal wipes, general purpose cleaning wipes,
47	47	16personal care wipes for use on the body, feminine hygiene wipes, adult incontinence wipes, adult
48	48	17hygiene wipes, and body cleansing wipes.
49	49	18 “High contrast” means satisfying both of the following conditions: (a) is provided by
50	50	19either a light symbol on a solid dark background or a dark symbol on a solid light background;
51	51	20(b) has at least 70 percent contrast between the symbol artwork and background using the
52	52	21following formula: (B1-B2)/b1*100=contrast percentage, where B1= the light reflectance value
53	53	22of the lighter area and B2 = the light reflectance value of the darker area.
54	54	23 “Label notice” means the phrase “Do Not Flush” and the type size of the label notice
55	55	24shall be equal to at least 2 percent of the surface area of the principal display panel in size. For
56	56	25covered products regulated pursuant to the Federal Hazardous Substances Act, (15 U.S.C. §§
57	57	261261 et seq.) by the United States Consumer Product Safety Commission under Section
58	58	271500.121 of Title 16 of the Code of Federal Regulations, if the label notice would result in a type
59	59	28size larger than first aid instructions pursuant to the Federal Hazardous Substances Act, the type
60	60	29size for the label notice shall, to the extent permitted by federal law, be equal to or greater than
61	61	30the type size required for the first aid instructions. For covered products required to be registered
62	62	31by the United States Environmental Protection Agency under the Federal Insecticide, Fungicide,
63	63	32and Rodenticide Act (FIFRA), 7 U.S.C.§§ 136 et. seq., if the label notice would result in a type
64	64	33size on the principal display panel larger than a warning pursuant to FIFRA, then the type size 3 of 10
65	65	34for the label notice shall, to the extent permitted by federal law, be equal to or greater than the
66	66	35type size required for the “keep out of reach of children” statement under FIFRA.
67	67	36 “Principal display panel” means the side of the product package that is most likely to be
68	68	37displayed, presented or shown under customary conditions of display for retail sale. In the case
69	69	38of a cylindrical or nearly cylindrical package, the surface area of the principal display panel
70	70	39constitutes 40 per cent of the product package as measured by multiplying the height of the
71	71	40container times the circumference. In the case of a flexible film package, in which a rectangular
72	72	41prism or nearly rectangular prism stack of wipes is housed within such film, the surface area of
73	73	42the principal display panel is measured by multiplying the length times the width of the side of
74	74	43the package when the flexible packaging film is pressed flat against the stack of wipes on all
75	75	44sides of the stack.
76	76	45 “Symbol” means the “Do Not Flush” symbol, or a gender equivalent thereof, as depicted
77	77	46in the INDA/EDANA Code of Practice Second Edition and published within “Guidelines for
78	78	47Assessing the Flushability of Disposable Nonwoven Products,” Edition 4, May 2018.
79	79	48 Section 331. Labeling. (a) The symbol shall be sized equal to at least 2 per cent of the
80	80	49surface area of the principal display panel, except as specified in provided in clause (iii) of
81	81	50subparagraph (B) of paragraph (1) of subsection (b) of Section 1.
82	82	51 (b) Except as provided in subsections (c), (d), (e), and (g), a covered product
83	83	52manufactured on or after July 1, 2027, shall be labeled clearly and conspicuously in adherence
84	84	53with the following labeling requirements:
85	85	54 (1) In the case of cylindrical or near-cylindrical packaging intended to dispense
86	86	55individual wipes, a covered entity shall comply with one of the following options: (A) Place the 4 of 10
87	87	56symbol and label notice on the principal display panel in a location reasonably viewable each
88	88	57time a wipe is dispensed. (B) Place the symbol on the principal display panel, and either the
89	89	58symbol or label notice, or the symbol and label notice in combination, on the flip lid, subject to
90	90	59the following: (i) If the label notice does not appear on the flip lid, the label notice shall be
91	91	60placed on the principal display panel. (ii) The symbol or label notice, or the symbol and label
92	92	61notice in combination, on the flip lid may be embossed and in that case are not required to
93	93	62comply with paragraph (6). (iii) The symbol or label notice, or the symbol and label notice in
94	94	63combination, on the flip lid shall cover a minimum of 8 percent of the surface area of the flip lid.
95	95	64 (2) In the case of flexible film packaging intended to dispense individual wipes, a
96	96	65covered entity shall place the symbol on the principal display panel and dispensing side panel
97	97	66and place the label notice on either the principal display panel of dispensing side panel in a
98	98	67prominent location reasonably visible to the user each time a wipe is dispensed. If the principal
99	99	68display panel is on the dispensing side of the package, two symbols are not required.
100	100	69 (3) In the case of refillable tubs or other rigid packaging intended to dispense individual
101	101	70wipes and be reused by the consumer for that purpose, a covered entity shall place the symbol
102	102	71and label notice on the principal display panel in a prominent location reasonably visible to the
103	103	72user each time a wipe is dispensed.
104	104	73 (4) In the case of packaging not intended to dispense individual wipes, a covered entity
105	105	74shall place the symbol and label notice on the principal display panel in a prominent and
106	106	75reasonably visible location.
107	107	76 (5) A covered entity shall ensure the packaging seams, folds, or other package design
108	108	77elements to not obscure the symbol or the label notice. 5 of 10
109	109	78 (6) A covered entity shall ensure the symbol and label notice have sufficiently high
110	110	79contrast with the immediate background of the packaging to render it likely to be seen and read
111	111	80by the ordinary individual under customary conditions of purchase and use.
112	112	81 (c) For covered products sold in bulk at retail, both the outer package visible at retail and
113	113	82the individual packages contained within shall comply with the labeling requirements in
114	114	83subsection (b) applicable to the particular packaging types, except the following:
115	115	84 (1) Individual packages contained within the outer package that are not intended to
116	116	85dispense individual wipes and contain no retail labeling.
117	117	86 (2) Outer packages that do not obscure the symbol and label notice on individual
118	118	87packages contained within.
119	119	88 (d) If a covered product is provided within the same packaging as another consumer
120	120	89product for use in combination with the other product, the outside retail packaging of the other
121	121	90consumer product does not need to comply with the labeling requirements of subsection (b).
122	122	91 (e) If a covered product is provided within the same package as another consumer
123	123	92product for use in combination with the other product and is in a package smaller than three
124	124	93inches by three inches, the covered entity may comply with the requirements of subsection (b) by
125	125	94placing the symbol and label notice in a prominent location reasonably visible to the user of the
126	126	95covered product.
127	127	96 (f) A covered entity, directly or through a corporation, partnership, subsidiary, division,
128	128	97trade name, or association in connection to the manufacturing, labeling, packaging, advertising,
129	129	98promotion, offering for sale, sale, or distribution of a covered product, shall not make any 6 of 10
130	130	99representation, in any manner, expressly or by implication, including through the use of a
131	131	100product name, endorsement, depiction, illustration, trademark, or trade name, about the flushable
132	132	101attributes, flushable benefits, flushable performance, or flushable efficacy of a covered product.
133	133	102 (g) (1) If a covered product is required to be registered by the United States
134	134	103Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act
135	135	104(7 U.S.C. Sec. 136 et seq.) and the Department of Pesticide Regulation under Division 6
136	136	105(commencing with Section 11401) of the Food and Agricultural Code, then the covered entity
137	137	106shall submit a label compliant with the labeling requirements of subsection (b) no later than
138	138	107January 1, 2027, to the United States Environmental Protection Agency, and upon its approval,
139	139	108to the Department of Pesticide Regulation.
140	140	109 (2) If the United States Environmental Protection Agency or the Department of Pesticide
141	141	110Regulation does not approve a product label that otherwise complies with the labeling
142	142	111requirements of subsection (b), the covered entity shall use a label with as many of the
143	143	112requirements of this section as the relevant agency has approved.
144	144	113 (h) A covered entity may include on a covered product words or phrases in addition to
145	145	114those required for the label notice if the words or phrases are consistent with the purposes of this
146	146	115part.
147	147	116 Section 332.Massachusetts Consumer Education and Outreach Program (a) The
148	148	117Massachusetts Consumer Education and Outreach Program is hereby established. As part of the
149	149	118program, covered entities, in collaboration with other covered entities, shall do all of the
150	150	119following: 7 of 10
151	151	120 (1) Participate in a collection study conducted in collaboration with wastewater agencies
152	152	121for the purpose of gaining understanding of consumer behavior regarding the flushing of covered
153	153	122products as a key input into the design of a consumer education and outreach program. The
154	154	123collection study shall be jointly coordinated by the Massachusetts Department of Environmental
155	155	124Protection and a group of covered entities, including, but not limited to: Massachusetts Water
156	156	125Resources Authority and Greater Lawrence Sewer District.
157	157	126 (2) Conduct a consumer opinion survey to identify baseline consumer behavior and
158	158	127awareness regarding the flushing or other disposal of covered products.
159	159	128 (3) Measure effectiveness of the consumer education program on consumer awareness of
160	160	129the symbol and label notice and consumer attitudes about disposal of covered products by
161	161	130conducting a subsequent consumer awareness survey comparing the baseline data provided by
162	162	131the 2022 survey with survey data from subsequent years. The surveys to determine the
163	163	132effectiveness and ongoing success of the consumer education program shall take place annually
164	164	133until December 31, 2037.
165	165	134 (b) Covered entities, either independently or in collaboration with other covered entities
166	166	135or other organizations, shall conduct a comprehensive multimedia education and outreach
167	167	136program in the state. At a minimum, the education and outreach program shall do both of the
168	168	137following:
169	169	138 (1) Promote consumer awareness and understanding of and compliance with the symbol
170	170	139and label notice requirements. Covered entities shall provide wastewater agencies with the
171	171	140consumer education messaging for the symbol and the label notice. The wastewater agencies 8 of 10
172	172	141may include the messaging as part of their routine communications with customers within their
173	173	142service area.
174	174	143 (2) Provide education and outreach in Spanish and English.
175	175	144 (c) Covered entities shall take reasonable steps to ensure that they do not promote
176	176	145products outside of the scope of this part as part of the education and outreach program.
177	177	146 (d) Covered entities shall take reasonable steps to ensure that their education and
178	178	147outreach program does not conflict with the programs of other covered entities or groups of
179	179	148covered entities.
180	180	149 (e) Covered entities, either independently or in collaboration with other covered entities,
181	181	150shall report to the Joint Committee on the Environment and Natural Resources and the Water
182	182	151Resources Commission on their activities under this section on an annual basis. The Water
183	183	152Resources Commission shall post the reports on its internet website.
184	184	153 (f) The Massachusetts Consumer Education and Outreach Program shall conclude on
185	185	154December 31, 2037.
186	186	155 (g) This section shall remain in effect only until January 1, 2038, and as of that date is
187	187	156repealed.
188	188	157 Section 333. Enforcement (a) The department of environmental protection has authority
189	189	158to enforce this section and to collect civil penalties for a violation of this section, subject to the
190	190	159conditions in this subsection. Whoever violates this section may be enjoined in any court of
191	191	160competent jurisdiction. Whoever violates this section may be liable for a civil penalty not to
192	192	161exceed $2,500 for each violation. The civil penalty may be assessed and recovered in a civil 9 of 10
193	193	162action brought in any court of competent jurisdiction. A specific violation is deemed to have
194	194	163occurred upon the sale of a noncompliant product package. The repeated sale of the same
195	195	164noncompliant product package is considered part of the same, single violation. (b) In assessing
196	196	165the amount of a civil penalty for a violation of this section, the court shall consider:
197	197	166 (1) The nature, circumstances, extent, and gravity of the violation;
198	198	167 (2) The violator’s past and present efforts to prevent, abate, or clean up conditions posing
199	199	168a threat to the public health or safety or the environment;
200	200	169 (3) The violator’s ability to pay the proposed penalty;
201	201	170 (4) The effect that the proposed penalty would have on the violator and the community as
202	202	171a whole;
203	203	172 (5) Whether the violator took good faith measures to comply with this section and when
204	204	173these measures were taken;
205	205	174 (6) The deterrent effect that the imposition of the penalty would have on both the violator
206	206	175and the regulated community as a whole; and
207	207	176 (7) Any other factor that justice may require.
208	208	177 (c) The department of environmental protection may refer violations of this section to the
209	209	178attorney general for enforcement and actions may be brought pursuant to this section by the
210	210	179attorney general in the name of the people of the state in any court of competent jurisdiction. (d)
211	211	180Any civil penalties collected pursuant to this section shall be paid to the enforcing governmental
212	212	181entity that brought the action. (e) The remedies provided by this section are not exclusive and are
213	213	182in addition to the remedies that may be available pursuant to chapter 93A or other consumer 10 of 10
214	214	183protection laws, if applicable. (f) In addition to penalties recovered under this section, the
215	215	184enforcing government entity may recover reasonable enforcement costs and attorneys’ fees from
216	216	185the liable covered entity. SECTION 2. This act shall take effect on January 1, 2027.