S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3124
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by  M.  of A. COLTON, GOTTFRIED, SIMON, STECK, COOK, ARROYO,
   ZEBROWSKI -- Multi-Sponsored by -- M. of A. DILAN, ENGLEBRIGHT, LUPAR-
   DO -- read once and referred to the Committee on Consumer Affairs  and
   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-u to read as follows:
   § 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.
                                                            LBD03602-01-9
              

 A. 3124                             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.
   §  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.