2023 -- H 5862

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LC002045

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

     RELATING TO WATERS AND NAVIGATION -- NON-FLUSHABLE WIPES

     Introduced By: Representatives Vella-Wilkinson, Morales, and Noret

     Date Introduced: March 01, 2023

     Referred To: House Environment and Natural Resources

     It is enacted by the General Assembly as follows:

     SECTION 1. Legislative findings.

     The general assembly finds and declares as follows:

     (1) The intent 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

flushed down the toilet by consumers. Many of these products are marketed as flushable or safe to

flush, leading to consumer confusion as to appropriate disposal methods for all wipes. Many non-

flushable wipes including baby wipes, cleaning wipes, and makeup removal wipes are also not

clearly labeled as such; therefore, consumers do not know whether to dispose of them in the

trashcan 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 are very costly to the public. Utilities nationwide spend up to a billion dollars

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) Existing labeling of nonwoven disposable products used for personal hygiene is

ineffective to educate consumers regarding proper disposal.

     (10) Public education efforts funded and administered by wastewater treatment agencies

have not resulted in significant progress in lessening the problem.

     (11) Existing regulation by wastewater utilities of 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.

     (12) 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.

     (13) To prevent nondispersible 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 legislature to create labeling requirements

that will enable consumers to easily identify proper disposal methods for non-flushable wipes.

     SECTION 2. Title 46 of the General Laws entitled "WATERS AND NAVIGATION" is

hereby amended by adding thereto the following chapter:

CHAPTER 33

NON-FLUSHABLE WIPES

     46-33-1. Definitions.

     For the purposes of this chapter, the following definitions shall apply:

     (1) “Covered entity” means the manufacturer of a covered product that is sold in this state

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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 non-flushable nonwoven disposable product manufactured

after January 1, 2024 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. A non-flushable nonwoven disposable wipe excludes any wipe product designed or

marketed for cleaning or medicating the anorectal or vaginal areas on the human body and labeled

“flushable,” “sewer safe,” “septic safe,” or otherwise indicating that the product is intended for

disposal in a toilet including, but not limited to, premoistened toilet tissue.

     (3) “Department” means the department of environmental management.

     (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 §46-33-2(a)(1)(i) 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 contained in §46-33-2.

     (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) “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

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display panel constitutes forty percent (40%) of the product package as measured by multiplying

the height of the container times the 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.

     (8) “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 §46-33-2(a)(1)(ii)(C)

     46-33-2. Labeling requirements.

     (a) On and after January 1, 2024, a covered product 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)(1)(H) 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.

     (D) 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.

     (E) 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

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label notice on the principal display panel in a prominent location reasonably visible to the user

each time a wipe is dispensed.

     (F) 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.

     (G) A covered entity shall ensure the symbol is not obscured by packaging seams, folds,

or other package design elements.

     (H) 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

background of at least seventy percent (70%). Contrast in percent is determined by:

     (aa) Contrast = (B1 – B2) x 100 / B1; and

     (bb) Where B1 = light reflectance value of the lighter area and B2 = light reflectance value

of the darker area.

     (b) Beginning January 1, 2024, no package or box containing a covered product

manufactured on or before the effective date of this section shall 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 sold in bulk at retail, both the package purchased in the store and

the individual packages contained within shall comply with the requirements in subsection (a) of

this section applicable to the particular packaging types.

     (d) A covered entity, directly or through any corporation, partnership, subsidiary, division,

trade name, or association in connection to the manufacturing, labeling, packaging, advertising,

promotion, offering for sale, sale, or distribution of a covered product shall not make any

representation in any manner, expressly or by implication, including through the use of a product

name, endorsement, depiction, illustration, trademark, or trade name, about the flushable attributes,

benefits, performance, or efficacy of a covered product.

     46-33-3. Enforcement and compliance.

     (a)(1) A city, county or special district that provides wastewater service has concurrent

authority with the department to enforce compliance with the requirements of this chapter. Selling,

or displaying for sale, a product package that does not comply with the requirements of this chapter

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is a violation for which the city, county or special district may bring an action to recover a civil

penalty in the amounts set forth in this section. Selling, or displaying for sale, multiple units of the

same noncompliant product package is part of the same violation.

     (2) Except as otherwise provided herein, before bringing an action to recover a civil penalty

for a violation, a city, county or special district that provides wastewater services shall send to the

alleged violator a written notice of violation, dated with the date of mailing, and shall include a

copy of the provisions of this chapter.

     (b) If a covered entity sells or displays for sale a product package that does not comply

with the requirements of this chapter after receiving the notice described in subsection (a) of this

section, the city, county or special district may bring an action to recover:

     (1) A civil penalty of not more than two thousand dollars ($2,000) for a first violation that

occurs between ninety (90) days and one hundred twenty (120) days after the date of the notice;

     (2) An additional civil penalty of not more than five thousand dollars ($5,000) for a second

violation or for a first violation that continues for more than one hundred twenty (120) days after

the date of the notice; and

     (3) An additional civil penalty of not more than ten thousand dollars ($10,000) for a third

and any subsequent violation or for a first violation that continues during any part of each thirty

(30) day period that follows the period described in subsection (b)(2) of this section.

     (c) For the purposes of the notice requirement set forth in subsection (a) of this section, a

product package is the same product package, and the city, county or special district need not send

a separate notice of violation, if within ninety (90) days after the date of the notice the covered

entity changes the product package in a manner that is unrelated to compliance with the

requirements of this chapter.

     (d) If a covered entity has paid a previous penalty for the same violation to another

jurisdiction that has enforcement authority under this section, the penalty imposed on the covered

entity shall be reduced by the amount of the covered entity’s previous payment.

     (e) A covered entity shall pay any civil penalty imposed under this section to the city,

county or special district that brought the action to recover the civil penalty.

     (f) In addition to the amount of any civil penalty imposed, a city, county or special district

may recover reasonable enforcement costs and attorneys' fees.

     (g) The department has concurrent authority to enforce this chapter and to collect civil

penalties for a violation of this chapter, subject to the conditions in this section.

     (h) A person who violates this section may be enjoined in any court of competent

jurisdiction.

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     (i)(1) A person who violates this section may be liable for a civil penalty not to exceed two

thousand five hundred dollars ($2,500) for each violation. That civil penalty may be assessed and

recovered in a civil action brought in any court of competent jurisdiction.

     (2) A specific violation is deemed to have occurred upon the sale of a noncompliant product

package. The repeated sale of the same noncompliant product package is considered part of the

same, single violation.

     (3) In assessing the amount of a civil penalty for a violation of this section, the court shall

consider all of the following:

     (i) The nature, circumstances, extent, and gravity of the violation;

     (ii) The violator’s past and present efforts to prevent, abate, or clean up conditions posing

a threat to the public health or safety or the environment;

     (iii) The violator’s ability to pay the proposed penalty;

     (iv) The effect that the proposed penalty would have on the violator and the community as

a whole;

     (v) Whether the violator took good faith measures to comply with this section and when

these measures were taken;

     (vi) The deterrent effect that the imposition of the penalty would have on both the violator

and the regulated community as a whole; and

     (vii) Any other factor that justice may require.

     (j) The department may refer violations of this section to the attorney general for

enforcement, and actions may be brought pursuant to this section by the attorney general in the

name of the people of the state in any court of competent jurisdiction.

     (k) Any civil penalties collected pursuant to this section shall be paid to the enforcing

governmental entity that brought the action.

     (l) The remedies provided by this section are not exclusive and are in addition to the

remedies that may be available pursuant to state consumer protection laws or other consumer

protection laws, if applicable.

     (m) In addition to penalties recovered under this section, the enforcing government entity

may recover reasonable enforcement costs and attorneys’ fees from the liable covered entity.

     46-33-4. Severability.

     The provisions of this chapter are severable. If any provision of this chapter or its

application is held invalid, that invalidity shall not affect other provisions or applications that can

be given effect without the invalid provision or application.

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     SECTION 3. This act shall take effect upon passage.

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LC002045

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

     RELATING TO WATERS AND NAVIGATION -- NON-FLUSHABLE WIPES

***

     This act would provide for the establishment of labeling requirements to enable consumers

to easily identify proper disposal methods for non-flushable wipes. The act would also provide for

civil penalties of violations of the labeling requirements.

     This act would take effect upon passage.

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LC002045

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