HB 2565 — Concerning the labeling of disposable wipes products.

ENGROSSEDH-3898.2HOUSE SUBSTITUTE HOUSE BILL 2565State of Washington66th Legislature2020 Regular SessionByHouseSessionByRepresentatives EnvironmentFitzgibbon, &Doglio, Energyand (originallyHudginsRead sponsoredfirst bytime Representatives01/15/20.Referred Fitzgibbon,to Doglio,Committee andon Hudgins)READEnvironment FIRST& TIMEEnergy.AN 02/03/20.AN ACT Relating to the labeling of disposable wipes products;

The legislaturedefinitions findsin thatthis creatingsection labelingapply standardsthroughout forthis disposablechapter wipesunless products will protect public health, the environment,context waterclearly quality,requires andotherwise.(1) public"Covered infrastructureentity" usedmeans fora themanufacturer collection,of transport,a andcovered treatmentproduct. of wastewater.

It"Covered entity" also includes a wholesaler, supplier, or retailer that is notresponsible for the intentlabeling or packaging of thea legislaturecovered toproduct.(2) address"Covered standardsproduct" means a nonflushable nonwoven disposable wipe that is a premoistened wipe constructed from nonwoven sheets and designed and marketed for flushabilitydiapering, withpersonal thishygiene, chapter.NEWor SECTION.  Sec.surface cleaning purposes.

A nonflushable 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 appropriate for disposal in a toilet including, but not limited to, premoistened toilet tissue.(3) "Label" means to represent by statement, word, picture, design, or emblem on the packaging of a covered product.NEW SECTION.  Sec.

TheA definitionscovered inentity thismust sectionclearly applyand throughoutconspicuously thislabel chaptera unlesscovered product as "do not flush" as follows:(1) Use the context"do clearlynot requiresflush" otherwise.(1)symbol "Covereddescribed entity"in meansthe aINDA/EDANA manufacturerCode of aPractice covered2 product(COP2, andas apublished wholesaler,in supplier,"Guidelines orfor retailerAssessing thatthe hasFlushability contractuallyof undertakenDisposable responsibilityNonwoven toProducts," Edition 4, May 2018, by INDA/EDANA);(2) Size the manufacturersymbol forto cover at least two percent of the "dosurface notarea flush"of labelingthe side of athe coveredpackage product.(2)on "Coveredwhich product"the meanslogo is presented;(3) Place the symbol in a nonflushableprominent nonwovenand disposablereasonably wipevisible thatlocation on the package which, in the case of packaging intended to dispense individual wipes, is permanently affixed in a premoistenedlocation wipethat constructedis fromvisible nonwovennear sheetsthe andpoint designedwhere andindividual marketedwipes forare diapering,dispensed;(4) personalEnsure hygiene,the orsymbol householdis hardnot surfaceobscured cleaningby purposes.packaging seams, folds, or other package design elements;

Aand(5) nonflushableEnsure nonwoven disposable wipe excludes any wipe product designed or marketed for cleaning or medicating the anorectalsymbol orhas vaginalsufficiently areashigh oncontrast thewith human body and labeled "flushable," "sewer safe," "septic safe," or otherwise indicating that the productbackground isof appropriate for disposal in a toilet including, but not limited to, premoistened toilet tissue.(3) "Label" means to represent by statement, word, picture, design, or emblem on a covered product package.(4) "Principal display panel" means the sidepackaging of a product package that is most likely to be displayed,highly presented,readable.NEW orSECTION.  Sec. shown under customary conditions of display for retail sale.

The term is further defined as follows:(a) In the case of a cylindrical or nearly cylindrical package, the surface area of the principal display panel constitutes forty percent of the product package, as measured by multiplying the height of the container times the circumference.(b) In the case of a flexible film package, in which a rectangular prism or nearly rectangular prism stack of wipes is housed within the film, the surface area of the principal display panel constitutes the length times the width of the side of the package when the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack.NEW SECTION.  Sec.

AUpon coveredthe entityrequest mustby clearlya andperson, conspicuously label a covered productentity asmust "dosubmit notto flush"that asperson, follows:(1)within Useninety thedays "do not flush" symbol, or a gender equivalent thereof, described in the INDA/EDANA code of practice 2 (COP2, as published in "Guidelines for Assessing the Flushabilityrequest, ofnonconfidential Disposablebusiness Nonwoveninformation Products," Edition 4, May 2018, by INDA/EDANA);(2) Place the symbol on the principal display panel in a prominent and reasonablydocumentation visibledemonstrating locationcompliance onwith thethis packagechapter, which, in the case of packaging intended to dispense individual wipes, is permanently affixed in a locationformat that is visibleeasy to aunderstand personand eachscientifically timeaccurate.NEW aSECTION.  Sec. wipe is dispensed from the package;(3) Size the symbol to cover at least two percent of the surface area of the principal display panel on which the symbol is presented;(4) Ensure the symbol is not obscured by packaging seams, folds, or other package design elements;

and(5) 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 a printed symbol, "high contrast" is defined as follows:(a) Provided with either a light symbol on a dark background or a dark symbol on a light background;

and(b) A minimum level or percentage of contrast between the symbol artwork and the background of at least seventy percent.

Contrast in percent is determined by:(i) Contrast = (B1 - B2) x 100 / B1;

and(ii) Where B1 = light reflectance value of the lighter area and B2 = light reflectance value of the darker area.(6) Beginning January 1, 2023, no package or box containing a covered product manufactured on or before the effective date of this section may be offered for distribution or sale in the state.NEW SECTION.  Sec.

Upon(1) theThe request by the state, acting through the attorney general, aand city,cities orand acounties county,have aconcurrent coveredauthority entity must submit to theenforce requestingthis entity,chapter withinand ninetyto dayscollect ofcivil thepenalties request,for nonconfidentiala businessviolation informationof and documentation demonstrating compliance with this chapter, insubject ato formatthe thatconditions isin easythis tosection. understand.NEW SECTION.  Sec.

5.

(1) The state, acting through the attorney general, and cities and counties have concurrent and exclusive authority to enforce this chapter and to collect civil penalties for a violation of this chapter, subject to the conditions in this section.

Penalties collected by the attorney general on behalf of the state must be deposited in the nonflushable products revolving account created in section 76 of this act.(3) The remedies provided by this section are not exclusive and are in addition to the remedies that may be available pursuant to chapter 19.86 RCW or other consumer protection laws, if applicable.(4) 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.NEW SECTION.  Sec.

6.5.

Covered entities that violate the requirements of this chapter are subject to civil penalties described in section 54 of this act.

A specific violation is deemed to have occurred upon the sale of a noncompliant product package.by stock-keeping unit number or unique item number.

The repeated sale of the same noncompliant product packageby isstock-keeping consideredunit partnumber ofor theunique same,item number is considered a single violation.

7.6.

All receipts from civil penalties or other amounts recovered by the state in enforcement actions under section 54 of this act must be deposited in the account.

7.

The department of ecology has sole authority to adopt rules to ensure the proper implementation of this chapter.NEW SECTION.  Sec.

Sections 1 through 7,7 9, and ll9 of this act constitute a new chapter in Title 70 RCW.NEW SECTION.  Sec.

This chapter preempts all existing or future laws enacted by a county, city, town, or other political subdivision of the state regarding the labeling of a covered product.

Nothing in this section is intended to preempt the enforcement authority of a city or county as provided under sections 5 and 6 of this act.NEW SECTION.  Sec.

12.