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S2901Senate2017-2018 SessionSame asA3698

Require Approval For Flushable Labels

Official title

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

Sponsor Martin Malavé DilanSD-18Affects Public Safety & Consumer Affairs
Status
In Senate Committee
Consumer Protection
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Consumer Protection

What's happening

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

Why it matters

  1. Creates a clear and enforceable definition of "flushable". by specifying technical standards a product must meet (such as being unrecognizable in wastewater and not causing blockages), which could help address costly plumbing and municipal sewer issues caused by misleading labeling.

  2. Requires third-party approval based on Department of Environmental Conservation rules. before any nonwoven disposable product can be marketed as flushable, shifting oversight from self-regulation by manufacturers to an independent review process.

  3. Imposes meaningful financial penalties (up to $5,000 per violation). , providing a deterrent against false advertising and creating real accountability for manufacturers who mislabel products.

  4. Exempts media outlets and retailers who do not package or label products. from liability, focusing enforcement on manufacturers and packagers, which may protect small businesses and publishers from unintended legal consequences.

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Who cares

Headline styles

Require Approval For Flushable Labels

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

Sponsors

Primary sponsor
Martin Malavé Dilan

Senator · Senate District 18

No co-sponsors yet.

History

  1. Referred to consumer protection
  2. Referred to consumer 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.

A3698Assembly

Stop False Flushable Labels

In Assembly Committee · Consumer Affairs And Protection · Sponsor William Colton

Impact 7 · Significant0% to pass

Full text

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

STATE OF NEW YORK

2901

2017-2018 Regular Sessions

IN SENATE

January 18, 2017

Introduced by Sen. DILAN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer 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.

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

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

[ ] is old law to be omitted.

LBD01365-01-7

S. 2901 2

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.

Sponsor's memo

Title of bill

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

Purpose or general idea of bill

To prohibit companies from labeling or advertising that nonwoven disposable products for sale as flushable, when these products may not be flushable and which can cause damage to sewer infrastructure by clogging the system up.

Summary of specific provisions

Section 1. The general business law is amended by adding a new section 391-v.

Section 1. Paragraph (a) of subsection 1 of section 391-v defines the term advertised in the context of the section 391-v.

Section 1. Paragraph (b) of subsection 1 of section 391-v defines the term flushable in the context of the section 391-v.

Section 1. Paragraph (c)of subsection 1 of section 391-v defines the term label in the context of section 391-v.

Section 1. Paragraph (d)of subsection 1 of section 391-v defines the term nonwoven disposable product in the context of section 391-v.

Section 1. Subsection 2 of section 391-v defines the prohibitions and the regulatory agency responsible for regulating the measures defined.

Section 1. Subsection 3 of section 391-v defines the penalties associated with those found in violation of the prohibitions put in place, and the process by which penalties are recovered.

Section 1. Subsection 4 of section 391-v discusses the limitations of the law

Section 2. The effective date

Justification

Over the past year the sewer systems in municipalities across this state, and around the country, have been plagued by cloggings of their sewer system. This is a result of companies that advertise or label moist toilet wipes, and other nonwoven products, as flushable, when they instead cause damage to sewer systems.

This issue was also studied by Consumer Reports, which showed that some products, which claimed to be flushable, failed to disintegrate in water after 10 minutes, compared to a few seconds for a piece of toilet tissue.

The New York City Department of Environmental Protection Acting Commissioner Vincent Sapienza stated that as a result of the labeling and advertising, it was causing problems for the agency. According to Bloomberg News, New York City spent more than $18 million over a five year period on equipment problems caused by these products. This department also supports the idea of banning "flushable" marketing.

Considering the fact that this issue is only growing and becoming more systemic, it's time that action be taken to prevent the issue from

growing, and consuming more funds from already strained budgets across the state.

Prior legislative history

2015-2016:(S.5307/A.7043) Referred to consumer protections.

Fiscal implications

To be determined

Effective date

This act shall take effect on the ninetieth day after it shall become a law.

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