2023 -- H 5862
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LC002045
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO WATERS AND NAVIGATION -- NON-FLUSHABLE WIPES
Introduced By: Representatives Vella-Wilkinson, Morales, and Noret
Date Introduced: March 01, 2023
Referred To: House Environment and Natural Resources
It is enacted by the General Assembly as follows:
SECTION 1. Legislative findings. 1
The general assembly finds and declares as follows: 2
(1) The intent in enacting this legislation is to protect public health, the environment, water 3
quality, and public infrastructure used for the collection, transport, and treatment of wastewater. 4
(2) Nonwoven disposable products, commonly known as wipes, are increasingly being 5
flushed down the toilet by consumers. Many of these products are marketed as flushable or safe to 6
flush, leading to consumer confusion as to appropriate disposal methods for all wipes. Many non-7
flushable wipes including baby wipes, cleaning wipes, and makeup removal wipes are also not 8
clearly labeled as such; therefore, consumers do not know whether to dispose of them in the 9
trashcan rather than the toilet. 10
(3) Nonwoven disposable products often contain microplastics. 11
(4) Flushing nonwoven disposal products presents a growing problem caused by these 12
products not breaking down after being flushed down the toilet. When nonwoven disposable 13
products fail to properly break down after flushing, they can entangle with tree roots, fats, oils, 14
grease, and other nondispersible products, causing clogs in sewer pipes and pumps, blocking 15
screens, and accumulating in other wastewater treatment equipment. The resulting clogs damage 16
public infrastructure and can lead to costly and environmentally damaging sanitary sewer overflows 17
that are a threat to public health. 18
(5) The increased maintenance needed to clean accumulations of flushed nonwoven 19
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disposable products are very costly to the public. Utilities nationwide spend up to a billion dollars 1
each year dealing with these problems. 2
(6) Utility workers are placed at risk of physical injury and illness by removing sewage-3
soaked wipes from wastewater equipment. 4
(7) Nonwoven disposable products that do not rapidly disperse in the sewer can also cause 5
damage to private sewer laterals that result in sewage overflows and the backup of sewage into 6
homes. These products can also cause clogs and damage to septic systems. 7
(8) Wastewater treatment plants are not designed to capture microplastic materials, which 8
can pass through sewage treatment facilities into the natural environment. These microplastic 9
materials have been shown to have negative impacts on marine life. 10
(9) Existing labeling of nonwoven disposable products used for personal hygiene is 11
ineffective to educate consumers regarding proper disposal. 12
(10) Public education efforts funded and administered by wastewater treatment agencies 13
have not resulted in significant progress in lessening the problem. 14
(11) Existing regulation by wastewater utilities of commercial and industrial discharges 15
under the National Pretreatment Program to address fats, oil, and grease and healthcare related 16
products, including wipes, have not resulted in progress lessening the problem. 17
(12) In April 2017, a group of international nonwoven fabric industry experts, known as 18
the Association of the Nonwoven Fabrics Industry and the European Disposables and Nonwovens 19
Association (INDA/EDANA), adopted baseline labeling requirements for nonwoven disposable 20
products. In May 2018, INDA/EDANA published the Fourth Edition of the baseline labeling 21
requirements. 22
(13) To prevent nondispersible nonwoven disposable products from entering sewer 23
systems and potentially causing overflows, clogs, and other costly impacts to the sewer system and 24
to prevent negative impacts from harmful microplastics entering the environment through 25
wastewater treatment processes, it is the intent of the legislature to create labeling requirements 26
that will enable consumers to easily identify proper disposal methods for non-flushable wipes. 27
SECTION 2. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is 28
hereby amended by adding thereto the following chapter: 29
CHAPTER 33 30
NON-FLUSHABLE WIPES 31
46-33-1. Definitions. 32
For the purposes of this chapter, the following definitions shall apply: 33
(1) “Covered entity” means the manufacturer of a covered product that is sold in this state 34
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or brought into the state for sale. “Covered entity” does not include a wholesaler, supplier, or 1
retailer that is not responsible for the labeling or packaging of a covered product. 2
(2) “Covered product” means a non-flushable nonwoven disposable product manufactured 3
after January 1, 2024 and sold in this state or brought into the state for sale, and that is constructed 4
from nonwoven sheets, including moist toilet tissue or cloth, that is designed, marketed to, or 5
commonly used by the general public for personal hygiene or cleaning purposes, including, but not 6
limited to, diaper wipes, toilet wipes, household cleaning wipes, personal care wipes, and facial 7
wipes. A non-flushable nonwoven disposable wipe excludes any wipe product designed or 8
marketed for cleaning or medicating the anorectal or vaginal areas on the human body and labeled 9
“flushable,” “sewer safe,” “septic safe,” or otherwise indicating that the product is intended for 10
disposal in a toilet including, but not limited to, premoistened toilet tissue. 11
(3) “Department” means the department of environmental management. 12
(4) “Label notice” means the phrase “Do Not Flush” and the size of the label notice shall 13
be one of the following: 14
(i) Equal to at least two percent (2%) of the surface area of the principal display panel; 15
(ii) For covered products regulated pursuant to the Federal Hazardous Substances Act 16
(FHSA) under the jurisdiction of the United States Consumer Product Safety Commission (16 CFR 17
Sec. 1500.121), if the label notice requirements in §46-33-2(a)(1)(i) would result in a type size 18
larger than first aid instructions pursuant to the FHSA, then the type size for the label notice shall 19
be equal to or greater than the type size required for the first aid instructions; or 20
(iii) For covered products required to be registered by the United States Environmental 21
Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 22
136 et seq. (1996) (FIFRA), if the label notice requirements would result in a type size on the 23
principal display panel larger than a warning pursuant to FIFRA, then the type size for the label 24
notice shall be equal to or greater than the type size required for the keep out of reach of children 25
statement. 26
(5) “Labeling requirements” means the labeling provisions contained in §46-33-2. 27
(6) “Manufacturer” means any person or entity responsible for the manufacture, packaging, 28
or labeling of a covered product. “Manufacturer” does not include a wholesaler, supplier, or retailer 29
that is not responsible for the manufacture, packaging, or labeling of a covered product. 30
(7) “Principal display panel” means the side of the product package that is most likely to 31
be displayed, presented, or shown under customary conditions of display for retail sale. The term 32
is defined further as follows: 33
(i) In the case of a cylindrical or nearly cylindrical package, the surface area of the principal 34
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display panel constitutes forty percent (40%) of the product package as measured by multiplying 1
the height of the container times the circumference; and 2
(ii) In the case of a flexible film package, in which a rectangular prism or nearly rectangular 3
prism stack of wipes is housed within such film, the surface area of the principal display panel is 4
measured by multiplying the length times the width of the aforementioned side of the package when 5
the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack. 6
(8) “Symbol” means the “Do Not Flush” symbol, or a gender equivalent thereof, as 7
depicted in INDA/EDANA Code of Practice 2 and published within “Guidelines for Assessing the 8
Flushability of Disposable Nonwoven Products,” Edition 4, May 2018. The symbol shall be sized 9
equal to at least two percent (2%) of the surface area of the principal display panel, except as it 10
relates to §46-33-2(a)(1)(ii)(C) 11
46-33-2. Labeling requirements. 12
(a) On and after January 1, 2024, a covered product shall be labeled clearly and 13
conspicuously in adherence with the labeling requirements as follows: 14
(1) In the case of cylindrical or near cylindrical packaging intended to dispense individual 15
wipes, a covered entity shall comply with one of the following options: 16
(i) Place the symbol and label notice on the principal display panel in a location reasonably 17
viewable each time a wipe is dispensed; or 18
(ii) Place the symbol on the principal display panel and either the symbol, label notice, or 19
the symbol and label notice in combination on the flip lid. In this case: 20
(A) If the label notice does not appear on the flip lid, the label notice shall be placed on the 21
principal display panel; 22
(B) The symbol, label notice, or the symbol and label notice in combination on the flip lid 23
may be embossed, and in that case are not required to comply with subsection (a)(1)(H) of this 24
section. 25
(C) The symbol, label notice, or the symbol and label notice in combination on the flip lid 26
shall cover a minimum of eight percent (8%) of the surface area of the flip lid. 27
(D) In the case of flexible film packaging intended to dispense individual wipes, a covered 28
entity shall place the symbol on the principal display panel and dispensing side panel and place the 29
label notice on either the principal display panel or dispensing side panel in a prominent location 30
reasonably visible to the user each time a wipe is dispensed. If the principal display panel is on the 31
dispensing side of the package, two (2) symbols are not required. 32
(E) In the case of refillable tubs or other rigid packaging intended to dispense individual 33
wipes and be reused by the consumer for such purpose, a covered entity shall place the symbol and 34
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label notice on the principal display panel in a prominent location reasonably visible to the user 1
each time a wipe is dispensed. 2
(F) In the case of packaging not intended to dispense individual wipes, a covered entity 3
shall place the symbol and label notice on the principal display panel in a prominent and reasonably 4
visible location. 5
(G) A covered entity shall ensure the symbol is not obscured by packaging seams, folds, 6
or other package design elements. 7
(H) Ensure the symbol has sufficiently high contrast with the immediate background of the 8
packaging to render it likely to be read by the ordinary individual under customary conditions of 9
purchase and use. In the case of printed symbol, “high contrast” is defined as follows: 10
(I) Provided with either a light symbol on a dark background or a dark symbol on a light 11
background; and 12
(II) A minimum level or percentage of contrast between the symbol artwork and the 13
background of at least seventy percent (70%). Contrast in percent is determined by: 14
(aa) Contrast = (B1 – B2) x 100 / B1; and 15
(bb) Where B1 = light reflectance value of the lighter area and B2 = light reflectance value 16
of the darker area. 17
(b) Beginning January 1, 2024, no package or box containing a covered product 18
manufactured on or before the effective date of this section shall be offered for distribution or sale 19
in the state, unless the product packaging complies with the labeling requirements in subsection (a) 20
of this section. 21
(c) For covered products sold in bulk at retail, both the package purchased in the store and 22
the individual packages contained within shall comply with the requirements in subsection (a) of 23
this section applicable to the particular packaging types. 24
(d) A covered entity, directly or through any corporation, partnership, subsidiary, division, 25
trade name, or association in connection to the manufacturing, labeling, packaging, advertising, 26
promotion, offering for sale, sale, or distribution of a covered product shall not make any 27
representation in any manner, expressly or by implication, including through the use of a product 28
name, endorsement, depiction, illustration, trademark, or trade name, about the flushable attributes, 29
benefits, performance, or efficacy of a covered product. 30
46-33-3. Enforcement and compliance. 31
(a)(1) A city, county or special district that provides wastewater service has concurrent 32
authority with the department to enforce compliance with the requirements of this chapter. Selling, 33
or displaying for sale, a product package that does not comply with the requirements of this chapter 34
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is a violation for which the city, county or special district may bring an action to recover a civil 1
penalty in the amounts set forth in this section. Selling, or displaying for sale, multiple units of the 2
same noncompliant product package is part of the same violation. 3
(2) Except as otherwise provided herein, before bringing an action to recover a civil penalty 4
for a violation, a city, county or special district that provides wastewater services shall send to the 5
alleged violator a written notice of violation, dated with the date of mailing, and shall include a 6
copy of the provisions of this chapter. 7
(b) If a covered entity sells or displays for sale a product package that does not comply 8
with the requirements of this chapter after receiving the notice described in subsection (a) of this 9
section, the city, county or special district may bring an action to recover: 10
(1) A civil penalty of not more than two thousand dollars ($2,000) for a first violation that 11
occurs between ninety (90) days and one hundred twenty (120) days after the date of the notice; 12
(2) An additional civil penalty of not more than five thousand dollars ($5,000) for a second 13
violation or for a first violation that continues for more than one hundred twenty (120) days after 14
the date of the notice; and 15
(3) An additional civil penalty of not more than ten thousand dollars ($10,000) for a third 16
and any subsequent violation or for a first violation that continues during any part of each thirty 17
(30) day period that follows the period described in subsection (b)(2) of this section. 18
(c) For the purposes of the notice requirement set forth in subsection (a) of this section, a 19
product package is the same product package, and the city, county or special district need not send 20
a separate notice of violation, if within ninety (90) days after the date of the notice the covered 21
entity changes the product package in a manner that is unrelated to compliance with the 22
requirements of this chapter. 23
(d) If a covered entity has paid a previous penalty for the same violation to another 24
jurisdiction that has enforcement authority under this section, the penalty imposed on the covered 25
entity shall be reduced by the amount of the covered entity’s previous payment. 26
(e) A covered entity shall pay any civil penalty imposed under this section to the city, 27
county or special district that brought the action to recover the civil penalty. 28
(f) In addition to the amount of any civil penalty imposed, a city, county or special district 29
may recover reasonable enforcement costs and attorneys' fees. 30
(g) The department has concurrent authority to enforce this chapter and to collect civil 31
penalties for a violation of this chapter, subject to the conditions in this section. 32
(h) A person who violates this section may be enjoined in any court of competent 33
jurisdiction. 34
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(i)(1) A person who violates this section may be liable for a civil penalty not to exceed two 1
thousand five hundred dollars ($2,500) for each violation. That civil penalty may be assessed and 2
recovered in a civil action brought in any court of competent jurisdiction. 3
(2) A specific violation is deemed to have occurred upon the sale of a noncompliant product 4
package. The repeated sale of the same noncompliant product package is considered part of the 5
same, single violation. 6
(3) In assessing the amount of a civil penalty for a violation of this section, the court shall 7
consider all of the following: 8
(i) The nature, circumstances, extent, and gravity of the violation; 9
(ii) The violator’s past and present efforts to prevent, abate, or clean up conditions posing 10
a threat to the public health or safety or the environment; 11
(iii) The violator’s ability to pay the proposed penalty; 12
(iv) The effect that the proposed penalty would have on the violator and the community as 13
a whole; 14
(v) Whether the violator took good faith measures to comply with this section and when 15
these measures were taken; 16
(vi) The deterrent effect that the imposition of the penalty would have on both the violator 17
and the regulated community as a whole; and 18
(vii) Any other factor that justice may require. 19
(j) The department may refer violations of this section to the attorney general for 20
enforcement, and actions may be brought pursuant to this section by the attorney general in the 21
name of the people of the state in any court of competent jurisdiction. 22
(k) Any civil penalties collected pursuant to this section shall be paid to the enforcing 23
governmental entity that brought the action. 24
(l) The remedies provided by this section are not exclusive and are in addition to the 25
remedies that may be available pursuant to state consumer protection laws or other consumer 26
protection laws, if applicable. 27
(m) In addition to penalties recovered under this section, the enforcing government entity 28
may recover reasonable enforcement costs and attorneys’ fees from the liable covered entity. 29
46-33-4. Severability. 30
The provisions of this chapter are severable. If any provision of this chapter or its 31
application is held invalid, that invalidity shall not affect other provisions or applications that can 32
be given effect without the invalid provision or application. 33
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SECTION 3. This act shall take effect upon passage. 1
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LC002045
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO WATERS AND NAVIGATION -- NON-FLUSHABLE WIPES
***
This act would provide for the establishment of labeling requirements to enable consumers 1
to easily identify proper disposal methods for non-flushable wipes. The act would also provide for 2
civil penalties of violations of the labeling requirements. 3
This act would take effect upon passage. 4
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LC002045
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