Bill Summary – FastDemocracy

-- H 7612
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     LC004775
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                       STATE                OF          RHODE              ISLAND
                                            IN GENERAL ASSEMBLY
                                           JANUARY SESSION, A.D. 2022
                                                 ____________
                                                  AN ACT
      RELATING TO HEALTH AND SAFETY -- NONWOVEN DISPOSABLE PRODUCTS ACT
                Introduced By: Representatives Vella-Wilkinson, Noret, Bennett, McEntee, Donovan,
                                Solomon, and Knight
                Date Introduced: March 02, 2022
                Referred To: House Environment and Natural Resources
     It is enacted by the General Assembly as follows:
         SECTION 1. The general assembly finds and declares all of the following:
         (1) The intent of the general assembly in enacting this legislation is to protect public health,
 the environment, water quality, and public infrastructure used for the collection, transport, and
 treatment of wastewater.
         (2) Nonwoven disposable products, commonly known as wipes, are increasingly being
 marketed by manufacturers as flushable and, as a result, are being flushed down the toilet more
 frequently by consumers. Many non-flushable wipes—including baby wipes, cleaning wipes, and
 makeup removal wipes—are also not clearly labeled as such, so consumers do not know to dispose
 of them in the trash can rather than the toilet.
         (3) Nonwoven disposable products often contain microplastics.
         (4) Flushing nonwoven disposal products presents a growing problem caused by these
 products not breaking down after being flushed down the toilet. When nonwoven disposable
 products fail to properly break down after flushing, they can entangle with tree roots, fats, oils,
 grease, and other nondispersible products, causing clogs in sewer pipes and pumps, blocking
 screens, and accumulating in other wastewater treatment equipment. The resulting clogs damage
 public infrastructure and can lead to costly and environmentally damaging sanitary sewer overflows
 that are a threat to public health.
         (5) The increased maintenance needed to clean accumulations of flushed nonwoven
 disposable products is very costly to the public. Utilities nationwide spend up to one billion dollars
 ($1,000,000,000) each year dealing with these problems.
         (6) Utility workers are placed at risk of physical injury and illness by removing sewage-
 soaked wipes from wastewater equipment.
         (7) Nonwoven disposable products that do not rapidly disperse in the sewer can also cause
 damage to private sewer laterals that result in sewage overflows and the backup of sewage into
 homes. These products can also cause clogs and damage to septic systems.
         (8) Wastewater treatment plants are not designed to capture microplastic materials, which
 can pass through sewage treatment facilities into the natural environment. These microplastic
 materials have been shown to have negative impacts on marine life.
         (9) Consequently, nonwoven disposable products that contain synthetic plastic fibers or
 other microplastic materials, or that do not rapidly disperse in the sewer, should not be marketed
 as flushable or sewer and septic safe.
         (10) Existing labeling of nonwoven disposable products used for personal hygiene is
 ineffective to educate consumers regarding proper disposal.
         (11) Public education efforts funded and administered by Rhode Island municipal
 wastewater treatment agencies have not resulted in significant progress in lessening the problem.
         (12) Existing state regulation of wastewater treatment facilities and commercial and
 industrial discharges under the National Pretreatment Program to address fats, oil, and grease and
 healthcare related products, including wipes, have not resulted in progress lessening the problem.
         (13) In April 2017, a group of international nonwoven fabric industry experts, known as
 the Association of the Nonwoven Fabrics Industry and the European Disposables and Nonwovens
 Association (INDA/EDANA), adopted baseline labeling requirements for nonwoven disposable
 products. In May 2018, INDA/EDANA published the Fourth Edition of the baseline labeling
 requirements.
         (14) In June 2018, a group of international wastewater infrastructure experts, known as the
 International Water Services Flushability Group, adopted reliable criteria for the quality and
 characteristics of products that can be appropriately disposed of in sanitary sewer systems.
         (15) To prevent nondispersable nonwoven disposable products from entering sewer
 systems and potentially causing overflows, clogs, and other costly impacts to the sewer system and
 to prevent negative impacts from harmful microplastics entering the environment through
 wastewater treatment processes, it is the intent of the general assembly to create labeling
 requirements that will enable consumers to easily identify which nonwoven disposable products
 are safe to dispose of using sanitary sewer systems.
         (16) It is the intent of the general assembly in enacting this legislation to provide clear
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 direction to manufacturers by setting performance requirements for nonwoven disposable products
 that are marketed for disposal to the sanitary sewer system.
         SECTION 2. Title 23 of the General Laws entitled "HEALTH AND SAFETY" is hereby
 amended by adding thereto the following chapter:
                                             CHAPTER 97
                            NONWOVEN DISPOSABLE PRODUCTS ACT
         23-97-1. Definitions.
         For the purposes of this chapter the term:
         (1) "Covered entity" means the manufacturer of a covered product that is sold in this state
 or brought into the state for sale. "Covered entity" does not include a wholesaler, supplier, or retailer
 that is not responsible for the labeling or packaging of a covered product.
         (2) "Covered product " means a nonwoven disposable product manufactured after January
 1, 2023, and sold in this state or brought into the state for sale, and that is constructed from
 nonwoven sheets, including moist toilet tissue or cloth, that is designed, marketed to, or commonly
 used by the general public for personal hygiene or cleaning purposes, including, but not limited to,
 diaper wipes, toilet wipes, household cleaning wipes, personal care wipes, and facial wipes.
 Covered products include both flushable and nonflushable wipes.
         (3) "Flushable wipe" means a nonwoven disposable product that meets the definition of
 performance standards as set forth in this section.
         (4) "Label notice" means the phrase "Do Not Flush " and the size of the label notice shall
 be one of the following:
         (i) Equal to at least two percent (2%) of the surface area of the principal display panel;
         (ii) For covered products, regulated pursuant to the Federal Hazardous Substances Act
 (FHSA) under the jurisdiction of the United States Consumer Product Safety Commission (16 CFR
 Sec. 1500.121), if the label notice requirements in subsection (4)(i) of this section would result in
 a type size larger than first aid instructions pursuant to the FHSA, then the type size for the label
 notice shall be equal to or greater than the type size required for the first aid instructions; or
         (iii) For covered products required to be registered by the United States Environmental
 Protection Agency, under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec.
 136 et seq. (1996) (FIFRA), if the label notice requirements would result in a type size on the
 principal display panel larger than a warning pursuant to FIFRA, then the type size for the label
 notice shall be equal to or greater than the type size required for the "Keep Out Of Reach Of
 Children" statement.
         (5) "Labeling requirements" means the labeling provisions defined in this section.
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         (6) "Manufacturer" means any person or entity responsible for the manufacture, packaging,
 or labeling of a covered product. "Manufacturer" does not include a wholesaler, supplier, or retailer
 that is not responsible for the manufacture, packaging, or labeling of a covered product.
         (7) "Nonflushable wipe" means a covered product that does not meet the performance
 standards as defined in this subsection. Nonflushable wipe also means wipes that are not
 manufactured or marketed to be flushed, such as premoistened wipes constructed from nonwoven
 sheets and designed and marketed for diapering, personal hygiene, or household hard surface
 cleaning purposes.
         (8) "Performance standards" means the testing methods and criteria for flushability
 outlined in the most current version of or an official update to the flushability specification outlined
 in the publicly available specification (PAS) documents published by the International Water
 Services Flushability Group.
         (9) "Principal display panel" means the side of the product package that is most likely to
 be displayed, presented, or shown under customary conditions of display for retail sale. The term
 is defined further as follows:
         (i) In the case of a cylindrical or nearly cylindrical package, the surface area of the principal
 display panel, constitutes forty percent (40%) of the product package, as measured by multiplying
 the height of the container times its circumference; and
         (ii) In the case of a flexible film package, in which a rectangular prism or nearly rectangular
 prism stack of wipes is housed within such film, the surface area of the principal display panel is
 measured by multiplying the length times the width of the aforementioned side of the package when
 the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack.
         (10) "Symbol" means the "Do Not Flush" symbol, or a gender equivalent thereof, as
 depicted in INDA/EDANA Code of Practice 2 and published within "Guidelines for Assessing the
 Flushability of Disposable Nonwoven Products," Edition 4, May 2018. The symbol shall be sized
 equal to at least two percent (2%) of the surface area of the principal display panel, except as it
 relates to subsection (4)(ii) of this section.
         23-97-2. Covered products.
         (a) On and after January 1, 2023, a covered entity shall not label a covered product as safe
 to flush, safe for sewer systems, or safe for septic systems, unless the product is a flushable wipe.
         (b) On and after January 1, 2023, unless a product is a flushable wipe, a covered entity
 shall not, in any manner, make any of the following representations regarding a covered product:
         (1) The product can be flushed;
         (2) The product is safe for sewer systems;
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         (3) The product is safe for septic systems;
         (4) The product breaks apart shortly after flushing;
         (5) The product will not clog household plumbing systems;
         (6) The product will not clog household septic systems;
         (7) The product is safe for plumbing;
         (8) The product is safe to flush; and
         (9) The product will dissolve or disperse in interaction with water.
         (c) For purposes of this section, representations include, among other things, product
 names, labels, endorsements, depictions, illustrations, trademarks, and trade names.
         (d) On and after January 1, 2023, a covered entity shall test its covered products and verify
 that any covered product that is a flushable wipe meets the performance standards or comply with
 the labeling requirements. By April 11, 2023, a covered entity must submit, on a form designated
 by the U.S. Environmental Protection Agency ("EPA"), documentation establishing that all covered
 products that are flushable wipes meet the performance standards, and must certify that all covered
 products that do not meet the performance standards, comply with the labeling requirements and
 that the covered entity is in compliance with the requirements of § 23-97-3.
         (5) Within ninety (90) days of publication of an update to the performance standards, a
 covered entity shall test its covered products and verify that any covered product that is a flushable
 wipe meets the performance standards or comply with the labeling requirements. Within thirty (30)
 days of completion of this updated testing, a covered entity shall submit, on a form designated by
 the EPA, documentation establishing that all covered products that are flushable wipes meet the
 updated performance standards, and must certify that all covered products that do not meet the
 performance standards, comply with the labeling requirements and that the covered entity is in
 compliance with the requirements of § 23-97-3.
         (6) For any covered product introduced for sale in this state after January 1, 2023, a covered
 entity shall test such covered products and verify that any such covered product that is a flushable
 wipe, meets the performance standards or comply with the labeling requirements. At least sixty
 (60) days prior to introduction of any such covered product for sale in this state, a covered entity
 shall submit, on a form designated by the US EPA, documentation establishing that all covered
 products that are flushable wipes, meet the updated performance standards, and must certify that
 all covered products that do not meet the performance standards, comply with the labeling
 requirements and that the covered entity is in compliance with the requirements of § 23-97-3.
         23-97-3. Labeling requirements.
         (a) On and after January 1, 2023, a covered product that does not meet the performance
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 standards, or that is otherwise a nonflushable wipe, shall be labeled clearly and conspicuously, in
 adherence with the labeling requirements as follows:
         (1) In the case of cylindrical or near cylindrical packaging intended to dispense individual
 wipes, a covered entity shall comply with one of the following options:
         (i) Place the symbol and label notice on the principal display panel in a location reasonably
 viewable each time a wipe is dispensed; or
         (ii) Place the symbol on the principal display panel and either the symbol, label notice, or
 the symbol and label notice, in combination on the flip lid. In this case:
         (A) If the label notice does not appear on the flip lid, the label notice shall be placed on the
 principal display panel;
         (B) The symbol, label notice, or the symbol and label notice in combination on the flip lid
 may be embossed, and in that case, are not required to comply with subsection (a)(6) of this section.
         (C) The symbol, label notice, or the symbol and label notice in combination on the flip lid
 shall cover a minimum of eight percent (8%) of the surface area of the flip lid.
         (2) In the case of flexible film packaging intended to dispense individual wipes, a covered
 entity shall place the symbol on the principal display panel and dispensing side panel and place the
 label notice on either the principal display panel or dispensing side panel in a prominent location
 reasonably visible to the user each time a wipe is dispensed. If the principal display panel is on the
 dispensing side of the package, two (2) symbols are not required.
         (3) In the case of refillable tubs or other rigid packaging intended to dispense individual
 wipes and be reused by the consumer for such purpose, a covered entity shall place the symbol and
 label notice on the principal display panel in a prominent location reasonably visible to the user
 each time a wipe is dispensed.
         (4) In the case of packaging not intended to dispense individual wipes, a covered entity
 shall place the symbol and label notice on the principal display panel in a prominent and reasonably
 visible location.
         (5) A covered entity shall ensure the symbol is not obscured by packaging seams, folds, or
 other package design elements.
         (6) Ensure the symbol has sufficiently high contrast with the immediate background of the
 packaging to render it likely to be read by the ordinary individual under customary conditions of
 purchase and use. In the case of printed symbol, "high contrast " is defined as follows:
         (i) Provided with either a light symbol on a dark background or a dark symbol on a light
 background; and
         (ii) A minimum level or percentage of contrast between the symbol artwork and the
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 background of at least seventy percent (70%). Contrast in percent is determined by:
         (A) Contrast = (B1 – B2) x 100 / B1; and
         (B) Where B1 = light reflectance value of the lighter area and B2 = light reflectance value
 of the darker area; and
         (b) Beginning January 1, 2023, no package or box containing a covered product that does
 not meet the performance standards, or that is otherwise a nonflushable wipe, manufactured on or
 before the effective date of this section, may be offered for distribution or sale in the state, unless
 the product packaging complies with the labeling requirements in subsection (a) of this section.
         (c) For covered products that do not meet the performance standards, or that are otherwise
 nonflushable wipes,