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A3698Assembly2017-2018 SessionSame asS2901

Stop False Flushable Labels

Official title

“Prohibits a manufacturer from labeling or advertising a nonwoven disposable product for sale as a flushable without prior approval”

Status
In Assembly Committee
Consumer Affairs And Protection
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Consumer Affairs And Protection

What's happening

This bill prohibits labeling or advertising nonwoven disposable products as flushable without third-party approval, with penalties for violations.

Why it matters

  1. Prevents misleading environmental claims. By requiring third-party approval before labeling or advertising nonwoven disposable products (like wipes) as “flushable,” the bill protects consumers and municipalities from products that can actually harm plumbing or sewage systems.

  2. Establishes clear standards and accountability. The bill defines what “flushable,” “septic safe,” and “sewer safe” mean, ensuring companies can’t use these terms loosely or ambiguously, which helps consumers make informed choices and supports fair marketplace competition.

  3. Targets manufacturers, not sellers or media. Penalties and regulations focus on the companies that create and label these products, not on retailers or media outlets that simply sell or advertise them. This directs responsibility to those in control of product design and marketing, rather than intermediaries.

  4. Supports public infrastructure and environmental health. By reducing the risk of blockages and damage to wastewater systems caused by improperly labeled products, the bill could help decrease costly repairs for municipalities and lessen environmental harm from sewage overflows or contamination.

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Who cares

Headline styles

Stop False Flushable Labels

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Referred to consumer affairs and protection
  2. Referred to consumer affairs and protection

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S2901Senate

Require Approval For Flushable Labels

In Senate Committee · Consumer Protection · Sponsor Martin Malavé Dilan

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3698

2017-2018 Regular Sessions

IN ASSEMBLY

January 30, 2017

Introduced by M. of A. COLTON, GOTTFRIED, COOK, HOOPER, SIMON, ARROYO, ZEBROWSKI, STECK -- Multi-Sponsored by -- M. of A. DILAN, ENGLEBRIGHT, LUPARDO -- read once and referred to the Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to prohibiting a manufacturer from labeling or advertising a nonwoven disposable product for sale as a flushable without prior approval

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The general business law is amended by adding a new section 391-u to read as follows:

§ 391-u. Nonwoven disposable products. 1. For purposes of this section, the following terms shall have the following meanings:

(a) "Advertised" means representation made by statement, word, design, device, sound or any combination thereof in print or broadcast media.

(b) "Flushable", "septic safe", and "sewer safe" means with regard to a nonwoven disposable product, a product that is: (i) able to clear toilets and properly maintained drainage pipe systems under expected product usage conditions; (ii) compatible with wastewater conveyance, treatment, reuse, and disposal systems without causing blockage, clogging, or other operational problems; and (iii) unrecognizable in effluent leaving on-site and municipal wastewater treatment systems and in digested sludge from wastewater treatment plants that are applied to soil.

(c) "Label" means those representations made through statement, word, picture, design or emblem on a packaging of a nonwoven disposable product.

(d) "Nonwoven disposable product" means any product constructed from nonwoven sheets that is designed for, marketed for, or commonly used for personal hygiene purposes.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01365-01-7

A. 3698 2

2. No nonwoven disposable product for sale in any municipality, including a city with a population of a million or more, shall be advertised, packaged or labeled as flushable, sewer safe, or septic safe if such product has not first been approved as flushable by a third party according to rules promulgated by the department of environmental conservation.

3. Any person who violates this section shall be subject to a civil penalty of not more than five thousand dollars for each violation. Such penalties may be recovered in proceedings before a department of environmental conservation enforcement hearing, through prosecution by the bureau of consumer frauds and protection, or in any action in any court of appropriate jurisdiction.

4. Nothing in this section shall apply to:

(a) A television or radio broadcasting station, or to any publisher of a newspaper, magazine or other form of printed advertising, that broadcasts, publishes or prints an advertisement that features a nonwoven disposable product packaged or labeled as flushable, sewer safe, or septic safe; or

(b) a wholesaler or retailer that distributes or sells but does not package or label a nonwoven disposable product that is advertised, packaged, or labeled as flushable, sewer safe or septic safe.

§ 2. This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the commissioner of environmental conservation shall promulgate rules and regulations necessary or appropriate to carry out the provisions of this act.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.