Bill Text: NJ A3366 | 2020-2021 | Regular Session | Introduced
Bill Title: Requires labeling of non-flushable disposable wipes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-02-25 - Introduced, Referred to Assembly Consumer Affairs Committee [A3366 Detail]
Download: New_Jersey-2020-A3366-Introduced.html
Sponsored by:
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
SYNOPSIS
Requires labeling of non-flushable disposable wipes.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain personal products and supplementing Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Do Not Flush labeling" means product packaging that includes a "Do Not Flush" logo, pursuant to subsection b. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Non-flushable nonwoven disposable wipe product" means any pre-moistened wipe product constructed from nonwoven sheets and designed and marketed for diapering, personal hygiene, or bathroom surface cleaning purposes. A non-flushable nonwoven disposable wipe product excludes any wipe product designed and marketed for purposes 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, pre-moistened toilet tissue.
"Product packaging" means the disposable outer material such as cardboard, film plastic, rigid plastic tub or canister, or paper that contains the unit of product as intended for sale at retail.
2. a. A person shall not sell, offer for sale, or distribute for sale a non-flushable nonwoven disposable wipe product unless the product packaging displays the Do Not Flush labeling required pursuant to subsection b. of this section.
b. Any non-flushable nonwoven disposable wipe product sold, offered for sale, or distributed for sale in this State shall have a "Do Not Flush" logo on the product packaging, which shall:
(1) depict 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;
(2) be sized in proportion to the packaging, as follows:
(a) for packaging with a primary display panel of up to five square inches, a diameter of at least 0.25 inch;
(b) for packaging with a primary display panel of at least five square inches and up to 25 square inches, a diameter of at least 0.375 inch;
(c) for packaging with a primary display panel of at least 25 square inches and up to 45 square inches, a diameter of at least 0.6 inch;
(d) for packaging with a primary display panel of at least 45 square inches and up to 75 square inches, a diameter of at least 0.75 inch;
(e) for packaging with a primary display panel of at least 75 square inches and up to 90 square inches, a diameter of at least one inch; and
(f) for packaging with a primary display panel of at least 90 square inches, a diameter of at least one inch;
(3) be unobscured by seams or folds; and
(4) for product packaging intended to dispense individual wipes, be permanently affixed to the product packaging in a location that is visible when individual wipes are dispensed from the product packaging.
c. The Department of Environmental Protection and the Division of Consumer Affairs in the Department of Law and Public Safety shall enforce the provisions of this section.
d. Nothing in this section shall apply to non-flushable nonwoven disposable wipe products without Do Not Flush labeling or without indicating the products are not flushable, that are:
(1) 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; or
(2) sold, offered for sale, or distributed by a retailer or wholesaler that does not package or label the non-flushable nonwoven disposable wipe products.
3. Any person who violates this act shall be subject to a civil penalty of up to $5,000 for each offense, to be collected in a civil action by summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). If the violation is of a continuing nature, each day during which a non-flushable nonwoven disposable wipe product is sold, offered for sale, or distributed in violation of P.L. , c. (C. ) (pending before the Legislature as this bill) shall constitute a separate offense. The Superior Court and the municipal court, as appropriate, shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999."
4. The Department of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement this act.
5. This act shall take effect two years after the date of enactment, but the Commissioner of Environmental Protection may take any anticipatory administrative action in advance thereof as shall be necessary for implementation of this act.
STATEMENT
This bill requires non-flushable disposable wipes to be labeled, and prohibits the sale, offering for sale, or distribution for sale of these products without "Do Not Flush" labeling. The bill defines a "non-flushable nonwoven disposable wipe product" to mean any pre-moistened wipe product constructed from nonwoven sheets and designed and marketed for diapering, personal hygiene, or bathroom surface cleaning purposes. A non-flushable nonwoven disposable wipe product excludes any wipe product that is "flushable," "sewer safe," "septic safe," or otherwise appropriate for disposal in a toilet, including, but not limited to, pre-moistened toilet tissue.
Any non-flushable nonwoven disposable wipe product sold, offered for sale, or distributed for sale in this State would be required to have a "Do Not Flush" logo on the product packaging, which would:
(1) depict 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;
(2) be sized in proportion to the size of the packaging;
(3) be unobscured by seams or folds; and
(4) for product packaging intended to dispense individual wipes, be permanently affixed to the product packaging and visible when individual wipes are dispensed.
The Department of Environmental Protection and the Division of Consumer Affairs in the Department of Law and Public Safety are to enforce the bill's provisions. The bill would not apply to media advertisements or retailers who sell non-flushable disposable wipe products that are not properly labeled.
Violations of the bill's provisions would be subject to a civil penalty of up to $5,000 for each offense. Each day during which a nonwoven disposable product is sold, offered for sale, or distributed in violation of the bill's provisions would constitute a separate offense.
