Senate Bill S9105

2021-2022 Legislative Session

Prohibits a manufacturer from labeling or advertising a nonwoven disposable product for sale as a flushable without prior approval

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-S9105 (ACTIVE) - Details

See Assembly Version of this Bill:
A4129
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §391-w, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: A7043
2017-2018: A3698
2019-2020: A3124

2021-S9105 (ACTIVE) - Summary

Prohibits a manufacturer from labeling or advertising a nonwoven disposable product for sale as flushable without prior approval from the department of environmental conservation.

2021-S9105 (ACTIVE) - Sponsor Memo

2021-S9105 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9105
 
                             I N  S E N A T E
 
                                May 9, 2022
                                ___________
 
 Introduced  by  Sen. REICHLIN-MELNICK -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Consumer
   Protection
 
 AN  ACT  to amend the general business law, in relation to prohibiting a
   manufacturer from labeling or advertising a nonwoven disposable  prod-
   uct for sale as a flushable without prior approval

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 391-w to read as follows:
   § 391-W.  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, CLOG-
 GING,  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  PROD-
 UCT.
   (D)  "NONWOVEN  DISPOSABLE PRODUCT" MEANS ANY PRODUCT CONSTRUCTED FROM
 NONWOVEN SHEETS THAT IS DESIGNED FOR, MARKETED FOR, OR COMMONLY USED FOR
 PERSONAL HYGIENE PURPOSES.
   2. NO NONWOVEN  DISPOSABLE  PRODUCT  FOR  SALE  IN  ANY  MUNICIPALITY,
 INCLUDING A CITY WITH A POPULATION OF A MILLION OR MORE, SHALL BE ADVER-
 TISED,  PACKAGED  OR LABELED AS FLUSHABLE, SEWER SAFE, OR SEPTIC SAFE IF
 SUCH PRODUCT HAS NOT FIRST BEEN APPROVED AS FLUSHABLE BY A  THIRD  PARTY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05617-03-2
              

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