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.