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
Establishes clear definitions and standards. for what counts as “flushable,” “septic safe,” and “sewer safe,” requiring that products must not cause blockages, be compatible with wastewater systems, and break down sufficiently before being labeled as such—potentially reducing costly sewer backups and environmental harm.
Shifts the burden of proof to manufacturers. by requiring third-party approval (according to rules set by the Department of Environmental Conservation) before any nonwoven disposable product can be labeled or advertised as flushable, increasing accountability and potentially improving product quality.
Imposes significant financial penalties. up to $5,000 per violation—on manufacturers who falsely market nonwoven disposable products as flushable, which could act as a strong deterrent against misleading advertising and labeling.
Protects certain parties from liability. , such as media outlets that merely run advertisements and retailers who sell (but don’t package/label) these products, focusing enforcement on manufacturers and packagers rather than intermediaries.
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Who cares
Manufacturers of nonwoven personal-hygiene products
The bill would require third-party approval under Department of Environmental Conservation rules before products could be advertised, packaged or labeled as flushable, sewer safe or septic safe, with civil penalties up to $5,000 per violation.
Department of Environmental Conservation
The agency would set approval rules and could recover penalties through enforcement hearings.
Municipal wastewater operators and septic system users
Approval standards would require products to clear toilets and drainage pipes, avoid wastewater system blockages and operational problems, and become unrecognizable in specified treatment outputs.
Wholesalers, retailers and advertising outlets
The bill would exempt sellers that do not package or label the products, as well as broadcasters and print publishers carrying covered advertisements.
Headline styles
Ban Unverified Flushable Labels
Plain English, a few words. Used as the page title.
Sponsors
3 Multi-sponsors
History
- Referred to consumer affairs and protection
- Referred to consumer affairs and protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3124
2019-2020 Regular Sessions
IN ASSEMBLY
January 28, 2019
Introduced by M. of A. COLTON, GOTTFRIED, SIMON, STECK, COOK, ARROYO, ZEBROWSKI -- Multi-Sponsored by -- M. of A. DILAN, ENGLEBRIGHT, LUPAR- DO -- 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.
LBD03602-01-9
A. 3124 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.