Rhode Island 2023 Regular Session

Rhode Island House Bill H5862 Compare Versions

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

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5	5	2023 -- H 5862
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7	7	LC002045
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO WATERS AND NAVIGATION -- NON-FLUSHABLE WIPES
16	16	Introduced By: Representatives Vella-Wilkinson, Morales, and Noret
17	17	Date Introduced: March 01, 2023
18	18	Referred To: House Environment and Natural Resources
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20	20
21	21	It is enacted by the General Assembly as follows:
22	22	SECTION 1. Legislative findings. 1
23	23	The general assembly finds and declares as follows: 2
24	24	(1) The intent in enacting this legislation is to protect public health, the environment, water 3
25	25	quality, and public infrastructure used for the collection, transport, and treatment of wastewater. 4
26	26	(2) Nonwoven disposable products, commonly known as wipes, are increasingly being 5
27	27	flushed down the toilet by consumers. Many of these products are marketed as flushable or safe to 6
28	28	flush, leading to consumer confusion as to appropriate disposal methods for all wipes. Many non-7
29	29	flushable wipes including baby wipes, cleaning wipes, and makeup removal wipes are also not 8
30	30	clearly labeled as such; therefore, consumers do not know whether to dispose of them in the 9
31	31	trashcan rather than the toilet. 10
32	32	(3) Nonwoven disposable products often contain microplastics. 11
33	33	(4) Flushing nonwoven disposal products presents a growing problem caused by these 12
34	34	products not breaking down after being flushed down the toilet. When nonwoven disposable 13
35	35	products fail to properly break down after flushing, they can entangle with tree roots, fats, oils, 14
36	36	grease, and other nondispersible products, causing clogs in sewer pipes and pumps, blocking 15
37	37	screens, and accumulating in other wastewater treatment equipment. The resulting clogs damage 16
38	38	public infrastructure and can lead to costly and environmentally damaging sanitary sewer overflows 17
39	39	that are a threat to public health. 18
40	40	(5) The increased maintenance needed to clean accumulations of flushed nonwoven 19
41	41
42	42
43	43	LC002045 - Page 2 of 9
44	44	disposable products are very costly to the public. Utilities nationwide spend up to a billion dollars 1
45	45	each year dealing with these problems. 2
46	46	(6) Utility workers are placed at risk of physical injury and illness by removing sewage-3
47	47	soaked wipes from wastewater equipment. 4
48	48	(7) Nonwoven disposable products that do not rapidly disperse in the sewer can also cause 5
49	49	damage to private sewer laterals that result in sewage overflows and the backup of sewage into 6
50	50	homes. These products can also cause clogs and damage to septic systems. 7
51	51	(8) Wastewater treatment plants are not designed to capture microplastic materials, which 8
52	52	can pass through sewage treatment facilities into the natural environment. These microplastic 9
53	53	materials have been shown to have negative impacts on marine life. 10
54	54	(9) Existing labeling of nonwoven disposable products used for personal hygiene is 11
55	55	ineffective to educate consumers regarding proper disposal. 12
56	56	(10) Public education efforts funded and administered by wastewater treatment agencies 13
57	57	have not resulted in significant progress in lessening the problem. 14
58	58	(11) Existing regulation by wastewater utilities of commercial and industrial discharges 15
59	59	under the National Pretreatment Program to address fats, oil, and grease and healthcare related 16
60	60	products, including wipes, have not resulted in progress lessening the problem. 17
61	61	(12) In April 2017, a group of international nonwoven fabric industry experts, known as 18
62	62	the Association of the Nonwoven Fabrics Industry and the European Disposables and Nonwovens 19
63	63	Association (INDA/EDANA), adopted baseline labeling requirements for nonwoven disposable 20
64	64	products. In May 2018, INDA/EDANA published the Fourth Edition of the baseline labeling 21
65	65	requirements. 22
66	66	(13) To prevent nondispersible nonwoven disposable products from entering sewer 23
67	67	systems and potentially causing overflows, clogs, and other costly impacts to the sewer system and 24
68	68	to prevent negative impacts from harmful microplastics entering the environment through 25
69	69	wastewater treatment processes, it is the intent of the legislature to create labeling requirements 26
70	70	that will enable consumers to easily identify proper disposal methods for non-flushable wipes. 27
71	71	SECTION 2. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is 28
72	72	hereby amended by adding thereto the following chapter: 29
73	73	CHAPTER 33 30
74	74	NON-FLUSHABLE WIPES 31
75	75	46-33-1. Definitions. 32
76	76	For the purposes of this chapter, the following definitions shall apply: 33
77	77	(1) “Covered entity” means the manufacturer of a covered product that is sold in this state 34
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81	81	or brought into the state for sale. “Covered entity” does not include a wholesaler, supplier, or 1
82	82	retailer that is not responsible for the labeling or packaging of a covered product. 2
83	83	(2) “Covered product” means a non-flushable nonwoven disposable product manufactured 3
84	84	after January 1, 2024 and sold in this state or brought into the state for sale, and that is constructed 4
85	85	from nonwoven sheets, including moist toilet tissue or cloth, that is designed, marketed to, or 5
86	86	commonly used by the general public for personal hygiene or cleaning purposes, including, but not 6
87	87	limited to, diaper wipes, toilet wipes, household cleaning wipes, personal care wipes, and facial 7
88	88	wipes. A non-flushable nonwoven disposable wipe excludes any wipe product designed or 8
89	89	marketed for cleaning or medicating the anorectal or vaginal areas on the human body and labeled 9
90	90	“flushable,” “sewer safe,” “septic safe,” or otherwise indicating that the product is intended for 10
91	91	disposal in a toilet including, but not limited to, premoistened toilet tissue. 11
92	92	(3) “Department” means the department of environmental management. 12
93	93	(4) “Label notice” means the phrase “Do Not Flush” and the size of the label notice shall 13
94	94	be one of the following: 14
95	95	(i) Equal to at least two percent (2%) of the surface area of the principal display panel; 15
96	96	(ii) For covered products regulated pursuant to the Federal Hazardous Substances Act 16
97	97	(FHSA) under the jurisdiction of the United States Consumer Product Safety Commission (16 CFR 17
98	98	Sec. 1500.121), if the label notice requirements in §46-33-2(a)(1)(i) would result in a type size 18
99	99	larger than first aid instructions pursuant to the FHSA, then the type size for the label notice shall 19
100	100	be equal to or greater than the type size required for the first aid instructions; or 20
101	101	(iii) For covered products required to be registered by the United States Environmental 21
102	102	Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 22
103	103	136 et seq. (1996) (FIFRA), if the label notice requirements would result in a type size on the 23
104	104	principal display panel larger than a warning pursuant to FIFRA, then the type size for the label 24
105	105	notice shall be equal to or greater than the type size required for the keep out of reach of children 25
106	106	statement. 26
107	107	(5) “Labeling requirements” means the labeling provisions contained in §46-33-2. 27
108	108	(6) “Manufacturer” means any person or entity responsible for the manufacture, packaging, 28
109	109	or labeling of a covered product. “Manufacturer” does not include a wholesaler, supplier, or retailer 29
110	110	that is not responsible for the manufacture, packaging, or labeling of a covered product. 30
111	111	(7) “Principal display panel” means the side of the product package that is most likely to 31
112	112	be displayed, presented, or shown under customary conditions of display for retail sale. The term 32
113	113	is defined further as follows: 33
114	114	(i) In the case of a cylindrical or nearly cylindrical package, the surface area of the principal 34
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118	118	display panel constitutes forty percent (40%) of the product package as measured by multiplying 1
119	119	the height of the container times the circumference; and 2
120	120	(ii) In the case of a flexible film package, in which a rectangular prism or nearly rectangular 3
121	121	prism stack of wipes is housed within such film, the surface area of the principal display panel is 4
122	122	measured by multiplying the length times the width of the aforementioned side of the package when 5
123	123	the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack. 6
124	124	(8) “Symbol” means the “Do Not Flush” symbol, or a gender equivalent thereof, as 7
125	125	depicted in INDA/EDANA Code of Practice 2 and published within “Guidelines for Assessing the 8
126	126	Flushability of Disposable Nonwoven Products,” Edition 4, May 2018. The symbol shall be sized 9
127	127	equal to at least two percent (2%) of the surface area of the principal display panel, except as it 10
128	128	relates to §46-33-2(a)(1)(ii)(C) 11
129	129	46-33-2. Labeling requirements. 12
130	130	(a) On and after January 1, 2024, a covered product shall be labeled clearly and 13
131	131	conspicuously in adherence with the labeling requirements as follows: 14
132	132	(1) In the case of cylindrical or near cylindrical packaging intended to dispense individual 15
133	133	wipes, a covered entity shall comply with one of the following options: 16
134	134	(i) Place the symbol and label notice on the principal display panel in a location reasonably 17
135	135	viewable each time a wipe is dispensed; or 18
136	136	(ii) Place the symbol on the principal display panel and either the symbol, label notice, or 19
137	137	the symbol and label notice in combination on the flip lid. In this case: 20
138	138	(A) If the label notice does not appear on the flip lid, the label notice shall be placed on the 21
139	139	principal display panel; 22
140	140	(B) The symbol, label notice, or the symbol and label notice in combination on the flip lid 23
141	141	may be embossed, and in that case are not required to comply with subsection (a)(1)(H) of this 24
142	142	section. 25
143	143	(C) The symbol, label notice, or the symbol and label notice in combination on the flip lid 26
144	144	shall cover a minimum of eight percent (8%) of the surface area of the flip lid. 27
145	145	(D) In the case of flexible film packaging intended to dispense individual wipes, a covered 28
146	146	entity shall place the symbol on the principal display panel and dispensing side panel and place the 29
147	147	label notice on either the principal display panel or dispensing side panel in a prominent location 30
148	148	reasonably visible to the user each time a wipe is dispensed. If the principal display panel is on the 31
149	149	dispensing side of the package, two (2) symbols are not required. 32
150	150	(E) In the case of refillable tubs or other rigid packaging intended to dispense individual 33
151	151	wipes and be reused by the consumer for such purpose, a covered entity shall place the symbol and 34
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155	155	label notice on the principal display panel in a prominent location reasonably visible to the user 1
156	156	each time a wipe is dispensed. 2
157	157	(F) In the case of packaging not intended to dispense individual wipes, a covered entity 3
158	158	shall place the symbol and label notice on the principal display panel in a prominent and reasonably 4
159	159	visible location. 5
160	160	(G) A covered entity shall ensure the symbol is not obscured by packaging seams, folds, 6
161	161	or other package design elements. 7
162	162	(H) Ensure the symbol has sufficiently high contrast with the immediate background of the 8
163	163	packaging to render it likely to be read by the ordinary individual under customary conditions of 9
164	164	purchase and use. In the case of printed symbol, “high contrast” is defined as follows: 10
165	165	(I) Provided with either a light symbol on a dark background or a dark symbol on a light 11
166	166	background; and 12
167	167	(II) A minimum level or percentage of contrast between the symbol artwork and the 13
168	168	background of at least seventy percent (70%). Contrast in percent is determined by: 14
169	169	(aa) Contrast = (B1 – B2) x 100 / B1; and 15
170	170	(bb) Where B1 = light reflectance value of the lighter area and B2 = light reflectance value 16
171	171	of the darker area. 17
172	172	(b) Beginning January 1, 2024, no package or box containing a covered product 18
173	173	manufactured on or before the effective date of this section shall be offered for distribution or sale 19
174	174	in the state, unless the product packaging complies with the labeling requirements in subsection (a) 20
175	175	of this section. 21
176	176	(c) For covered products sold in bulk at retail, both the package purchased in the store and 22
177	177	the individual packages contained within shall comply with the requirements in subsection (a) of 23
178	178	this section applicable to the particular packaging types. 24
179	179	(d) A covered entity, directly or through any corporation, partnership, subsidiary, division, 25
180	180	trade name, or association in connection to the manufacturing, labeling, packaging, advertising, 26
181	181	promotion, offering for sale, sale, or distribution of a covered product shall not make any 27
182	182	representation in any manner, expressly or by implication, including through the use of a product 28
183	183	name, endorsement, depiction, illustration, trademark, or trade name, about the flushable attributes, 29
184	184	benefits, performance, or efficacy of a covered product. 30
185	185	46-33-3. Enforcement and compliance. 31
186	186	(a)(1) A city, county or special district that provides wastewater service has concurrent 32
187	187	authority with the department to enforce compliance with the requirements of this chapter. Selling, 33
188	188	or displaying for sale, a product package that does not comply with the requirements of this chapter 34
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192	192	is a violation for which the city, county or special district may bring an action to recover a civil 1
193	193	penalty in the amounts set forth in this section. Selling, or displaying for sale, multiple units of the 2
194	194	same noncompliant product package is part of the same violation. 3
195	195	(2) Except as otherwise provided herein, before bringing an action to recover a civil penalty 4
196	196	for a violation, a city, county or special district that provides wastewater services shall send to the 5
197	197	alleged violator a written notice of violation, dated with the date of mailing, and shall include a 6
198	198	copy of the provisions of this chapter. 7
199	199	(b) If a covered entity sells or displays for sale a product package that does not comply 8
200	200	with the requirements of this chapter after receiving the notice described in subsection (a) of this 9
201	201	section, the city, county or special district may bring an action to recover: 10
202	202	(1) A civil penalty of not more than two thousand dollars ($2,000) for a first violation that 11
203	203	occurs between ninety (90) days and one hundred twenty (120) days after the date of the notice; 12
204	204	(2) An additional civil penalty of not more than five thousand dollars ($5,000) for a second 13
205	205	violation or for a first violation that continues for more than one hundred twenty (120) days after 14
206	206	the date of the notice; and 15
207	207	(3) An additional civil penalty of not more than ten thousand dollars ($10,000) for a third 16
208	208	and any subsequent violation or for a first violation that continues during any part of each thirty 17
209	209	(30) day period that follows the period described in subsection (b)(2) of this section. 18
210	210	(c) For the purposes of the notice requirement set forth in subsection (a) of this section, a 19
211	211	product package is the same product package, and the city, county or special district need not send 20
212	212	a separate notice of violation, if within ninety (90) days after the date of the notice the covered 21
213	213	entity changes the product package in a manner that is unrelated to compliance with the 22
214	214	requirements of this chapter. 23
215	215	(d) If a covered entity has paid a previous penalty for the same violation to another 24
216	216	jurisdiction that has enforcement authority under this section, the penalty imposed on the covered 25
217	217	entity shall be reduced by the amount of the covered entity’s previous payment. 26
218	218	(e) A covered entity shall pay any civil penalty imposed under this section to the city, 27
219	219	county or special district that brought the action to recover the civil penalty. 28
220	220	(f) In addition to the amount of any civil penalty imposed, a city, county or special district 29
221	221	may recover reasonable enforcement costs and attorneys' fees. 30
222	222	(g) The department has concurrent authority to enforce this chapter and to collect civil 31
223	223	penalties for a violation of this chapter, subject to the conditions in this section. 32
224	224	(h) A person who violates this section may be enjoined in any court of competent 33
225	225	jurisdiction. 34
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229	229	(i)(1) A person who violates this section may be liable for a civil penalty not to exceed two 1
230	230	thousand five hundred dollars ($2,500) for each violation. That civil penalty may be assessed and 2
231	231	recovered in a civil action brought in any court of competent jurisdiction. 3
232	232	(2) A specific violation is deemed to have occurred upon the sale of a noncompliant product 4
233	233	package. The repeated sale of the same noncompliant product package is considered part of the 5
234	234	same, single violation. 6
235	235	(3) In assessing the amount of a civil penalty for a violation of this section, the court shall 7
236	236	consider all of the following: 8
237	237	(i) The nature, circumstances, extent, and gravity of the violation; 9
238	238	(ii) The violator’s past and present efforts to prevent, abate, or clean up conditions posing 10
239	239	a threat to the public health or safety or the environment; 11
240	240	(iii) The violator’s ability to pay the proposed penalty; 12
241	241	(iv) The effect that the proposed penalty would have on the violator and the community as 13
242	242	a whole; 14
243	243	(v) Whether the violator took good faith measures to comply with this section and when 15
244	244	these measures were taken; 16
245	245	(vi) The deterrent effect that the imposition of the penalty would have on both the violator 17
246	246	and the regulated community as a whole; and 18
247	247	(vii) Any other factor that justice may require. 19
248	248	(j) The department may refer violations of this section to the attorney general for 20
249	249	enforcement, and actions may be brought pursuant to this section by the attorney general in the 21
250	250	name of the people of the state in any court of competent jurisdiction. 22
251	251	(k) Any civil penalties collected pursuant to this section shall be paid to the enforcing 23
252	252	governmental entity that brought the action. 24
253	253	(l) The remedies provided by this section are not exclusive and are in addition to the 25
254	254	remedies that may be available pursuant to state consumer protection laws or other consumer 26
255	255	protection laws, if applicable. 27
256	256	(m) In addition to penalties recovered under this section, the enforcing government entity 28
257	257	may recover reasonable enforcement costs and attorneys’ fees from the liable covered entity. 29
258	258	46-33-4. Severability. 30
259	259	The provisions of this chapter are severable. If any provision of this chapter or its 31
260	260	application is held invalid, that invalidity shall not affect other provisions or applications that can 32
261	261	be given effect without the invalid provision or application. 33
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266	266	SECTION 3. This act shall take effect upon passage. 1
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273	273	EXPLANATION
274	274	BY THE LEGISLATIVE COUNCIL
275	275	OF
276	276	A N A C T
277	277	RELATING TO WATERS AND NAVIGATION -- NON-FLUSHABLE WIPES
278	278	***
279	279	This act would provide for the establishment of labeling requirements to enable consumers 1
280	280	to easily identify proper disposal methods for non-flushable wipes. The act would also provide for 2
281	281	civil penalties of violations of the labeling requirements. 3
282	282	This act would take effect upon passage. 4
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