Bill Text: MI HB6279 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Environmental protection; sewage; labeling requirements for nonflushable nonwoven disposable wipes; create. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-09-05 - Bill Electronically Reproduced 08/15/2018 [HB6279 Detail]
Download: Michigan-2017-HB6279-Introduced.html
HOUSE BILL No. 6279
August 15, 2018, Introduced by Rep. Cochran and referred to the Committee on Commerce and Trade.
A bill to prohibit the sale, offering for sale, and
distribution for sale of nonflushable nonwoven disposable wipe
products without do not flush labeling; to prescribe the powers and
duties of certain state officers and entities; to provide for
penalties and civil fines; and to provide for the promulgation of
rules.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. As used in this act:
(a) "Do not flush label" or "do not flush labeling" means
product packaging that includes both of the following:
(i) A logo depicting a person dropping an item into a toilet
with a circle and diagonal line superimposed over the image to
indicate that flushing the item is prohibited. The logo must be
sized in proportion to the packaging as follows:
(A) For packaging with a primary display panel of up to and
including 5 square inches, the logo must have a diameter of at
least 0.25 inch.
(B) For packaging with a primary display panel of greater than
5 square inches and up to and including 25 square inches, the logo
must have a diameter of at least 0.375 inch.
(C) For packaging with a primary display panel of greater than
25 square inches and up to and including 45 square inches, the logo
must have a diameter of at least 0.6 inch.
(D) For packaging with a primary display panel of greater than
45 square inches and up to and including 75 square inches, the logo
must have a diameter of at least 0.75 inch.
(E) For packaging with a primary display panel of greater than
75 square inches, the logo must have a diameter of at least 1 inch.
(ii) The word "nonflushable" in clear print.
(b) "Nonflushable nonwoven disposable wipe product" means any
premoistened wipe product constructed from nonwoven sheets and
designed and marketed for diapering, personal hygiene, or bathroom-
surface cleaning purposes. A nonflushable nonwoven disposable wipe
product does not include any wipe product designed and marketed for
the purpose of removing feces, urine, or menses from 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.
Sec. 2. (1) Except as otherwise provided in this section, a
person shall not sell, offer for sale, or distribute for sale a
nonflushable nonwoven disposable wipe product unless the product
packaging includes do not flush labeling.
(2) Except as otherwise provided in this section, nonflushable
nonwoven disposable wipe products sold, offered for sale, or
distributed for sale in this state must include do not flush
labeling.
(3) Do not flush labeling included on the product packaging of
nonflushable nonwoven disposable wipe products sold, offered for
sale, or distributed for sale in this state must be unobscured by
seams or folds.
(4) For nonflushable nonwoven disposable wipe product
packaging intended to dispense individual wipes, the do not flush
label must be permanently affixed to the product packaging in a
location that is visible when individual wipes are dispensed from
the product packaging.
(5) The department of environmental quality shall enforce this
act.
(6) This section does not apply to nonflushable nonwoven
disposable wipe products without do not flush labeling that are
either of the following:
(a) Advertised, broadcasted, printed, or otherwise published
in an advertisement by a television or radio broadcasting station,
internet website, or publisher of a newspaper, magazine, or other
media advertiser.
(b) Sold, offered for sale, or distributed by a retailer or
wholesaler that does not package or label the nonflushable nonwoven
disposable wipe products.
(7) A person that violates this section is subject to a civil
fine of up to $5,000.00 for each offense. If the violation is of a
continuing nature, each day that a nonflushable nonwoven disposable
wipe product is sold, offered for sale, or distributed in violation
of this section constitutes a separate offense.
(8) The department of environmental quality shall adopt rules
pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328, to carry out its duties under this act.
Enacting section 1. This act takes effect 2 years after the
date it is enacted into law.
