Bill Text: MI HB5796 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Environmental protection; sewage; labeling requirements for nonflushable nonwoven disposable wipes; create. Creates new act.
Spectrum: Moderate Partisan Bill (Democrat 15-2)
Status: (Introduced - Dead) 2020-05-21 - Bill Electronically Reproduced 05/20/2020 [HB5796 Detail]
Download: Michigan-2019-HB5796-Introduced.html
HOUSE BILL NO. 5796
May 20, 2020, Introduced by Reps. Hood,
Pohutsky, Rabhi, Kennedy, Stone, Sowerby, Yaroch, Brixie, Shannon,
Manoogian, Ellison, Chirkun, Sneller, Cherry, Hammoud, Wozniak and Love and
referred to the Committee on Natural Resources and Outdoor Recreation.
the people of the state of michigan enact:
(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 a wipe into a toilet with a circle and diagonal line superimposed over the image to indicate not to flush the wipes. For packaging with the following size primary display panel, the logo shall be of at least the following diameter:
(A) For a display panel of not more than 5 square inches, 0.25 inch.
(B) For a display panel of more than 5 square inches and not more than 25 square inches, 0.375 inch.
(C) For a display panel of more than 25 square inches and not more than 45 square inches, 0.6 inch.
(D) For a display panel of more than 45 square inches and not more than 75 square inches, 0.75 inch.
(E) For a display panel of more than 75 square inches, 1 inch.
(ii) The word "nonflushable" in clear print.
(b) "Nonflushable disposable wipes" means premoistened wipes constructed from nonwoven sheets and designed and marketed for diapering, personal hygiene, or bathroom-surface cleaning purposes. Nonflushable disposable wipes does not include wipes, such as premoistened toilet tissue, that are both of the following:
(i) Designed and marketed for the purpose of removing menses, urine, or feces from the human body, other than in diapering.
(ii) Labeled "flushable", "sewer safe", "septic safe", or otherwise indicate that the wipes are appropriate for disposal in a toilet.
Sec. 2. (1) Except as otherwise provided in this section, a person shall not sell or offer for sale nonflushable disposable wipes that have been packaged and labelled for consumer use unless the product packaging includes do not flush labeling that meets the following requirements:
(a) The do not flush label is unobscured by seams or folds.
(b) If the product packaging is intended to dispense individual wipes, the do not flush label is permanently affixed to the product packaging in a location that is visible when individual wipes are dispensed from the product packaging.
(2) A person shall not advertise nonflushable disposable wipes unless the advertisement includes a written statement in clear print or an oral statement that the wipes are nonflushable.
Sec. 3. The department of environment, Great Lakes, and energy may adopt rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement this act.
Sec. 4. (1) A person that violates section 2 may be ordered to pay a civil fine of not more than $500.00 for each violation. A person who, after being found responsible for a violation of section 2, violates section 2 a second or subsequent time, may be ordered to pay a civil fine of not more than $2,500.00 for each violation.
(2) If a violation is of a continuing nature, each day that nonflushable disposable wipes are sold, offered for sale, distributed, or advertised in violation of section 2 constitutes a separate violation.
(3) A violation of section 2 may be prosecuted by the prosecutor of the county in which the violation occurred or by the attorney general.
(4) A civil fine collected for a violation of section 2 shall be deposited in the state general fund.
Enacting section 1. This act takes effect 2 years after the date it is enacted into law.
