BILL AS INTRODUCED S.274
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1 S.274
2 Introduced by Senator White
3 Referred to Committee on
4 Date:
5 Subject: Conservation and development; water pollution control; discharge;
6 flushable wipes
7 Statement of purpose of bill as introduced: This bill proposes to prohibit the
8 sale or distribution of flushable wipes in the State beginning on January 1,
9 2025.
10 An act relating to the sale of flushable wipes
11 It is hereby enacted by the General Assembly of the State of Vermont:
12 Sec. 1. 10 V.S.A. chapter 47, subchapter 5 is amended to read:
13 Subchapter 5. Detergents And, Household Cleansing Products,
14 and Flushable Wipes
15 § 1381. DEFINITIONS
16 As used in this subchapter:
17 (1) “Commercial establishment” means any premises used for the
18 purpose of carrying on or exercising any trade, business, profession, vocation,
19 or commercial or charitable activity, including laundries, hospitals, and food or
20 restaurant establishments.
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1 (2) “Disposable wipe” means a premoistened sheet of plastic or cloth
2 designed and marketed for diapering, personal hygiene, or household hard
3 surface cleaning purposes that is intended to be disposed of when its use is
4 complete.
5 (3) “Flushable wipe” means a disposable wipe contained in packaging
6 labeled “flushable,” “sewer safe,” or “septic safe” or otherwise indicating that
7 the product is appropriate for disposal in a toilet.
8 (4) “Household cleansing product” means any product, including soaps
9 and detergents, used for domestic or commercial cleaning purposes, including
10 the cleansing of fabric, dishes, food utensils, and household and commercial
11 premises. Household cleansing product shall does not mean:
12 (A) Food food, drugs, and cosmetics, including personal care items
13 such as toothpaste, shampoo, and hand soap; or
14 (B) Products products labeled, advertised, marketed, and distributed
15 for use primarily as economic poisons as defined in 6 V.S.A. § 911(5).
16 (3)(5) “Phosphorus” means elemental phosphorus.
17 (4)(6) “Trace quantity” means an incidental amount of phosphorus that
18 is not part of the household cleansing product formulation, is present only as a
19 consequence of manufacturing, and does not exceed 0.5 percent of the content
20 of the product by weight, expressed as elemental phosphorus.
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1 (5)(7) “Secretary” means the Secretary of Natural Resources or the
2 Secretary’s duly authorized representative.
3 (6)(8) “Person” means any individual; partnership; company;
4 corporation; association; joint venture; trust; municipality; the State of
5 Vermont or any agency, department, or subdivision of the State; any federal
6 agency; or any other legal or commercial entity.
7 ***
8 § 1383a. PROHIBITION; SALE AND DISTRIBUTION OF FLUSHABLE
9 WIPES
10 No person shall sell, offer for sale, or distribute for sale in the State a
11 flushable wipe.
12 § 1384. PENALTY
13 A person who violates a provision of this subchapter shall be fined not more
14 than $2,500.00 for a single violation. In the case of a continuing violation,
15 each day’s continuance after notification by a law enforcement officer shall be
16 considered an additional offense for which a person shall be fined not more
17 than $100.00 for each day’s offense, in addition to the penalty imposed for a
18 single violation.
19 Sec. 2. EFFECTIVE DATE
20 This act shall take effect on January 1, 2025.
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Statutes affected:
As Introduced: 10-47