S T A T E O F N E W Y O R K
________________________________________________________________________
7043--A
2015-2016 Regular Sessions
I N A S S E M B L Y
April 21, 2015
___________
Introduced by M. of A. COLTON, GOTTFRIED, SIMON, ZEBROWSKI, COOK,
ARROYO, STECK, HOOPER -- Multi-Sponsored by -- M. of A. DILAN, ENGLE-
BRIGHT, LUPARDO -- read once and referred to the Committee on Consumer
Affairs and Protection -- recommitted to the Committee on Consumer
Affairs and Protection in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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-u to read as follows:
S 391-U. 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10505-03-6
A. 7043--A 2
(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
ACCORDING TO RULES PROMULGATED BY THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION.
3. ANY PERSON WHO VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL
PENALTY OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH VIOLATION. SUCH
PENALTIES MAY BE RECOVERED IN PROCEEDINGS BEFORE A DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION ENFORCEMENT HEARING, THROUGH PROSECUTION BY THE
BUREAU OF CONSUMER FRAUDS AND PROTECTION, OR IN ANY ACTION IN ANY COURT
OF APPROPRIATE JURISDICTION.
4. NOTHING IN THIS SECTION SHALL APPLY TO:
(A) A TELEVISION OR RADIO BROADCASTING STATION, OR TO ANY PUBLISHER OF
A NEWSPAPER, MAGAZINE OR OTHER FORM OF PRINTED ADVERTISING, THAT BROAD-
CASTS, PUBLISHES OR PRINTS AN ADVERTISEMENT THAT FEATURES A NONWOVEN
DISPOSABLE PRODUCT PACKAGED OR LABELED AS FLUSHABLE, SEWER SAFE, OR
SEPTIC SAFE; OR
(B) A WHOLESALER OR RETAILER THAT DISTRIBUTES OR SELLS BUT DOES NOT
PACKAGE OR LABEL A NONWOVEN DISPOSABLE PRODUCT THAT IS ADVERTISED, PACK-
AGED, OR LABELED AS FLUSHABLE, SEWER SAFE OR SEPTIC SAFE.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the commissioner of environ-
mental conservation shall promulgate rules and regulations necessary or
appropriate to carry out the provisions of this act.