Bill Text: NJ A3218 | 2016-2017 | Regular Session | Introduced
Bill Title: Prohibits nonwoven disposable products from being advertised, packaged, or labeled as flushable unless they pass third party test approved by DEP.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-02-22 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A3218 Detail]
Download: New_Jersey-2016-A3218-Introduced.html
Sponsored by:
Assemblywoman MARLENE CARIDE
District 36 (Bergen and Passaic)
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex)
SYNOPSIS
Prohibits nonwoven disposable products from being advertised, packaged, or labeled as flushable unless they pass third party test approved by DEP.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the advertising, packaging, and labeling of nonwoven disposable products and supplementing Title 13 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:
"Advertise" or "advertisement" means a representation made by statement, word, design, device, sound, or any combination thereof, in print or broadcast media.
"Commissioner" means the Commissioner of Environmental Protection.
"Department" means the Department of Environmental Protection.
"Flushable, septic safe, or sewer safe" means a nonwoven disposable product that is (1) able to pass through toilets and properly maintained drainage pipe systems under expected product usage conditions, (2) compatible with wastewater conveyance, treatment, reuse, and disposal systems without causing blockage, clogging, or other operational problems, and (3) unrecognizable in effluent leaving on-site or wastewater treatment systems and in digested sludge from wastewater treatment systems that are applied to soil.
"Label" means a representation made by statement, word, picture, design, or emblem on the packaging of a nonwoven disposable product.
"Nonwoven disposable product" means any product constructed from nonwoven sheets that is designed, marketed, or commonly used for personal hygiene purposes, including, but not limited to, baby wipes, sanitary wipes, and disposable washcloths.
2. a. It shall be unlawful for a person to advertise, package, or label a nonwoven disposable product as flushable, septic safe, or sewer safe unless:
(1) the person makes available to the department and maintains written documentation of testing substantiating that the product meets the acceptance criteria for flushability as published in the most recent Guidance Document for Assessing the Flushability of Nonwoven Disposable Products, published by the Association of the Nonwoven Fabrics Industry; and
(2) the testing required by paragraph (1) of subsection a. of this section has been performed by a laboratory that is capable of performing and qualified to perform the testing as determined by rules and regulations adopted by the department pursuant to section 4 of this act.
b. The provisions of subsection a. of this section shall not apply to:
(1) a television or radio broadcasting station, Internet website, or publisher of a newspaper, magazine, or other form of printed advertising that broadcasts, publishes, or prints an advertisement that features a nonwoven disposable product packaged or labeled as flushable, septic safe, or sewer safe; or
(2) a retailer or wholesaler that distributes or sells, but does not package or label, a nonwoven disposable product that is advertised, packaged, or labeled as flushable, septic safe, or sewer safe.
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 nonwoven disposable product is advertised, packaged, or labeled in violation of this act 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 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, including, but not limited to, a process whereby a nonwoven disposable product may be tested by a third party, approved by the department, to determine whether the product is flushable, septic safe, or sewer safe.
5. This act shall take effect one year after the date of enactment, but the commissioner may take such anticipatory administrative actions in advance thereof as shall be necessary for implementation of this act.
STATEMENT
This bill would make it unlawful to advertise, package, or label a nonwoven disposable product as flushable, septic safe, or sewer safe unless: (1) the person makes available and maintains written documentation of testing substantiating that the product meets industry standards for flushability; and (2) the testing is performed by a laboratory that is capable and qualified to perform the testing as determined by rules adopted by the Department of Environmental Protection (DEP). A nonwoven disposable product is any product constructed from nonwoven sheets that is designed, marketed, or commonly used for personal hygiene purposes, and includes baby wipes, sanitary wipes, and disposable washcloths.
This bill would not apply to: (1) a television or radio broadcasting station, Internet website, or publisher of a newspaper, magazine, or other form of printed advertising that broadcasts, publishes, or prints an advertisement that features a nonwoven disposable product packaged or labeled as flushable, septic safe, or sewer safe; or (2) a retailer or wholesaler that distributes or sells, but does not package or label, a nonwoven disposable product that is advertised, packaged, or labeled as flushable, septic safe, or sewer safe.
Any person who violates this bill would be subject to a civil fine of up to $5,000 for each offense. If the offense is of a continuing nature, each day during which a nonwoven disposable product is advertised, packaged, or labeled in violation of the bill would constitute a separate offense. The bill would require the DEP to adopt regulations necessary to implement the bill, including a process by which a nonwoven disposable product may be tested by a third party to determine whether the product is flushable, septic safe, or sewer safe.
Nonwoven disposable products, though often marketed as flushable, can cause blockages in plumbing networks and sewer system. The wipes combine with other materials in the wastewater system, such as congealed grease, to create indestructible knots, which are costly to remove and can cause serious damage to wastewater infrastructure. New York City alone has spent $18 million in the past five years on wipe-related equipment problems, according to city officials. Similar stories have been reported in cities across the country. This bill, which is modeled after a New York City initiative and legislation in Maine, attempts to address this problem by prohibiting the mislabeling of nonwoven disposable products.
