NY State Senate Bill 2015-S5307A

Senate Bill S5307A

2015-2016 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

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 26, 2016	print number 5307a
Jan 26, 2016	amend and recommit to consumer protection
Jan 06, 2016	referred to consumer protection
May 13, 2015	referred to consumer protection

Bill Amendments

Original

A (Active)

2015-S5307 - Details

See Assembly Version of this Bill:: A7043
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §391-u, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2901, A3698
2019-2020: A3124
2021-2022: A4129

2015-S5307 - 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.

2015-S5307 - Sponsor Memo

                                BILL NUMBER:S5307

TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting a
manufacturer from labeling or advertising a nonwoven disposable product
for sale as a flushable without prior approval

PURPOSE OR GENERAL IDEA OF BILL:

To prohibit companies from labeling or advertising that nonwoven dispos-
able products for sale as flushable, when these products may not be
flushable and which can cause damage to sewer infrastructure by clogging
the system up.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. The general business law is amended by adding a new section
391-t.

Section 1. Paragraph (a) of subsection 1 of section 391-t defines the
term advertised in the context of the section 391-t.

Section 1. Paragraph (b) of subsection 1 of section 391-t defines the
term flushable in the context of the section 391-t.

Section 1. Paragraph (c)of subsection 1 of section 391-t defines the
term label in the context of section 391-t.

Section 1. Paragraph (d)of subsection 1 of section 391-t defines the
term nonwoven disposable product in the context of section 391-t.

Section 1. Subsection 2 of section 391-t defines the prohibitions and
the regulatory agency responsible for regulating the measures defined.

Section 1. Subsection 3 of section 391-t defines the penalties associ-
ated with those found in violation of the prohibitions put in place, and
the process by which penalties are recovered.

Section 1. Subsection 4 of section 391-t discusses the limitations of
the law

Section 2. The effective date

JUSTIFICATION:

Over the past year the sewer systems in municipalities across this
state, and around the country, have been plagued by cloggings of their
sewer system. This is a result of companies that advertise or label
moist toilet wipes, and other nonwoven products, as flushable, when they
instead cause damage to sewer systems.

This issue was also studied by Consumer Reports, which showed that some
products, which claimed to be flushable, failed to disintegrate in water
after 10 minutes, compared to a few seconds for a piece of toilet
tissue.

The New York City Department of Environmental Protection Deputy Commis-
sioner Vincent Sapienza stated that as a result of the labeling and
advertising, it was causing problems for the agency. According to Bloom-
berg News, New York City spent more than $18 million over a five year
period on equipment problems caused by these products. This department
also supports the idea of banning "flushable" marketing.

Considering the fact that this issue is only growing and becoming more
systemic, it's time that action be taken to prevent the issue from grow-
ing, and consuming more funds from already strained budgets across the
state.

PRIOR LEGISLATIVE HISTORY:

None

FISCAL IMPLICATIONS:

To be determined

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall become a
law.

2015-S5307 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5307

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced  by  Sen.  DILAN  -- 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-t to read as follows:
  S  391-T.  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10505-01-5

S. 5307                             2

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.

2015-S5307A (ACTIVE) - Details

See Assembly Version of this Bill:: A7043
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §391-u, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2901, A3698
2019-2020: A3124
2021-2022: A4129

2015-S5307A (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.

2015-S5307A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5307A

 TITLE OF BILL :

An act to amend the general business law, in relation to prohibiting a
manufacturer from labeling or advertising a nonwoven disposable
product for sale as a flushable without prior approval

 PURPOSE OR GENERAL IDEA OF BILL :

To prohibit companies from labeling or advertising that nonwoven
disposable products for sale as flushable, when these products may not
be flushable and which can cause damage to sewer infrastructure by
clogging the system up.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. The general business law is amended by adding a new section
391-v.

Section 1. Paragraph (a) of subsection 1 of section 391-v defines the
term advertised in the context of the section 391-v.

Section 1. Paragraph (b) of subsection 1 of section 391-v defines the
term flushable in the context of the section 391-v.

Section 1. Paragraph (c)of subsection 1 of section 391-v defines the
term label in the context of section 391-v.

Section 1. Paragraph (d)of subsection 1 of section 391-v defines the
term nonwoven disposable product in the context of section 391-v.

Section 1. Subsection 2 of section 391-v defines the prohibitions and
the regulatory agency responsible for regulating the measures defined.

Section 1. Subsection 3 of section 391-v defines the penalties
associated with those found in violation of the prohibitions put in
place, and the process by which penalties are recovered.

Section 1. Subsection 4 of section 391-v discusses the limitations of
the law

Section 2. The effective date

 JUSTIFICATION :

Over the past year the sewer systems in municipalities across this
state, and around the country, have been plagued by cloggings of their
sewer system. This is a result of companies that advertise or label
moist toilet wipes, and other nonwoven products, as flushable, when
they instead cause damage to sewer systems.

This issue was also studied by Consumer Reports, which showed that
some products, which claimed to be flushable, failed to disintegrate
in water after 10 minutes, compared to a few seconds for a piece of
toilet tissue.

The New York City Department of Environmental Protection Deputy
Commissioner Vincent Sapienza stated that as a result of the labeling
and advertising, it was causing problems for the agency. According to
Bloomberg News, New York City spent more than $18 million over a five
year period on equipment problems caused by these products. This
department also supports the idea of banning "flushable" marketing.

Considering the fact that this issue is only growing and becoming more
systemic, it's time that action be taken to prevent the issue from
growing, and consuming more funds from already strained budgets across
the state.

 PRIOR LEGISLATIVE HISTORY :

2015:(S.5307/A.7043) Referred to consumer protections.

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This act shall take effect on the ninetieth day after it shall become
a law.

2015-S5307A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5307--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 13, 2015
                               ___________

Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate  Rule  6, sec. 8 -- 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.
  (D) "NONWOVEN DISPOSABLE PRODUCT" MEANS ANY PRODUCT  CONSTRUCTED  FROM
NONWOVEN SHEETS THAT IS DESIGNED FOR, MARKETED FOR, OR COMMONLY USED FOR
PERSONAL HYGIENE PURPOSES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10505-02-6

S. 5307--A                          2

  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.

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