BILL NUMBER: AB 2256 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 12, 2010
INTRODUCED BY Assembly Member Huffman
( Coauthor: Assembly Member
Jones )
( Coauthors: Senators Hancock
and Pavley )
FEBRUARY 18, 2010
An act to add Chapter 9 (commencing with Section 119420) to Part
15 of Division 104 of the Health and Safety Code, relating to
flushable products.
LEGISLATIVE COUNSEL'S DIGEST
AB 2256, as amended, Huffman. Product labeling: flushable
products.
Existing law regulates the labeling requirements on various
consumer products.
This bill would prohibit, on or after January 1, 2012, a person
engaged in the from packaging or
labeling of a consumer product from
distributing, or causing to be distributed, in commerce
for distribution or sale in California a
if that product , that is contained in
a package, or that has an affixed label, that
states that the product is flushable, sewer and septic safe, or other
like term or phrase unless the product meets specified criteria.
The bill would require a person who has packaged or labeled a
product for distribution or sale in California that is labeled as
flushable, sewer and septic safe, or other like term or phrase, to
maintain, in written form, documentation of the testing
substantiating the validity of the claim. The bill would exempt
certain retailers and wholesalers from these provisions. The
bill would make violation of this provision punishable by a fine of
up to $2,500.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) There is currently no consistent or widely accepted definition
of what constitutes a "flushable" consumer product. As a result,
companies have used their own definitions and methods to determine
the flushability of their products. For consumers and wastewater
agencies, this means there has been no single reference from which to
assess the flushability of products.
(b) This lack of consistency has lead to confusion and lack of
clarity in the market place as to the appropriateness of disposing
certain products via plumbing systems. Where such confusion exists,
there is a higher risk that nonflushable products will be flushed
down a toilet, which has lead to costly plumbing repairs and
extraordinary maintenance problems for sanitary sewer systems and
wastewater treatment plants.
(c) Products that are poorly designed to be flushed down the
toilet can cause sewer blockages, which damage sewer lines and lead
to costly sanitary sewer overflows. Damage and overflows present
dangers to public health and the environment.
(d) A build up of nonflushable products has been shown to cause
clogs in sewage pumps, lead to entanglements in sewage treatment
equipment, lead to sewer backups in residences, and increase the risk
of a sanitary sewer overflow during a storm.
(e) An increasing concern among public wastewater agencies is the
prevalence of consumer products found in sewage infrastructure around
the state that do not breakdown and disintegrate after being flushed
down a toilet.
(f) The increased maintenance needed to prevent problems from
nonflushable products is very costly to public wastewater agencies.
(g) It is in the best interests of manufacturers, retailers,
consumers, and regulators, as well as wastewater treatment managers
and operators, that there be a consistent and clear definition of
flushability.
(h) To prevent nondispersable or poorly dispersable products from
entering sewer systems and potentially causing overflows, it is the
intent of the Legislature to define "flushable" in order to assist
manufacturers when labeling their products and enable consumers to
identify which products are safe to dispose via the plumbing system.
SEC. 2. Chapter 9 (commencing with Section 119420) is added to
Part 15 of Division 104 of the Health and Safety Code, to read:
CHAPTER 9. FLUSHABLE PRODUCTS
119420. (a) On or after January 1, 2012, no person
engaged in the packaging or labeling of a consumer product shall
distribute, or cause to be distributed, in commerce in California a
product that shall package or label a consumer product
for distribution or sale in California if that product is
contained in a package, or that has an affixed
label, that states that the product is flushable, sewer and septic
safe, or other like term or phrase unless the product can be
safely flushed down a low consumption toilet system of 1.6 gallons
or less and can easily clear, in one flush, a four inch drain line.
(b) For purposes of
this section, "safely" means that the product disperses at the same
rate as double-ply toilet paper after one flush and is biodegradable
pursuant to the Federal Trade Commission standards in Section 260.7
of Title 16 of the Code of Federal Regulations in effect on December
31, 2010. like term or phrase unless the product has
been tested and certified by a third party to meet the acceptance
criteria for toilet, drainline, sewage pump, septic tank, aerobic
system, and municipal wastewater collection and treatment systems
clearance as published in the Guidance Document for Assessing the
Flushability of Nonwoven Consumer Products, published by the
Association of the Nonwoven Fabrics Industry (INDA), as that document
exists on January 1, 2012.
(b) A person who has packaged or labeled a product for
distribution or sale in California that is labeled as flushable,
sewer and septic safe, or other like term or phrase, shall maintain,
in written form, documentation of the testing substantiating the
validity of the claim.
(c) For purposes of this section, a wholesaler or retailer who
does not initiate a representation by advertising or by placing the
representation on a package shall be subject to the provisions of
this section.
119421. Violation of this chapter shall be punishable by a fine
not to exceed two thousand five hundred dollars ($2,500).