S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7043--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             April 21, 2015
                               ___________

Introduced  by  M.  of  A.  COLTON,  GOTTFRIED,  SIMON, ZEBROWSKI, COOK,
  ARROYO, STECK, HOOPER -- Multi-Sponsored by -- M. of A. DILAN,  ENGLE-
  BRIGHT, LUPARDO -- read once and referred to the Committee on Consumer
  Affairs  and  Protection  --  recommitted to the Committee on Consumer
  Affairs and Protection in accordance with Assembly Rule 3, sec.  2  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law, in relation to  prohibiting  a
  manufacturer  from labeling or advertising a nonwoven disposable prod-
  uct for sale as a flushable without prior approval

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
391-u to read as follows:
  S  391-U.  NONWOVEN  DISPOSABLE  PRODUCTS.  1.  FOR  PURPOSES  OF THIS
SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A) "ADVERTISED" MEANS REPRESENTATION MADE BY STATEMENT, WORD, DESIGN,
DEVICE, SOUND OR ANY COMBINATION THEREOF IN PRINT OR BROADCAST MEDIA.
  (B) "FLUSHABLE", "SEPTIC SAFE", AND "SEWER SAFE" MEANS WITH REGARD  TO
A  NONWOVEN  DISPOSABLE  PRODUCT,  A  PRODUCT THAT IS: (I) ABLE TO CLEAR
TOILETS AND PROPERLY MAINTAINED DRAINAGE  PIPE  SYSTEMS  UNDER  EXPECTED
PRODUCT  USAGE  CONDITIONS;  (II) COMPATIBLE WITH WASTEWATER CONVEYANCE,
TREATMENT, REUSE, AND DISPOSAL SYSTEMS WITHOUT CAUSING  BLOCKAGE,  CLOG-
GING,  OR  OTHER  OPERATIONAL  PROBLEMS;  AND  (III)  UNRECOGNIZABLE  IN
EFFLUENT LEAVING ON-SITE AND MUNICIPAL WASTEWATER TREATMENT SYSTEMS  AND
IN  DIGESTED SLUDGE FROM WASTEWATER TREATMENT PLANTS THAT ARE APPLIED TO
SOIL.
  (C) "LABEL" MEANS THOSE REPRESENTATIONS MADE THROUGH STATEMENT,  WORD,
PICTURE,  DESIGN OR EMBLEM ON A PACKAGING OF A NONWOVEN DISPOSABLE PROD-
UCT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10505-03-6

              

A. 7043--A                          2

  (D) "NONWOVEN DISPOSABLE PRODUCT" MEANS ANY PRODUCT  CONSTRUCTED  FROM
NONWOVEN SHEETS THAT IS DESIGNED FOR, MARKETED FOR, OR COMMONLY USED FOR
PERSONAL HYGIENE PURPOSES.
  2.  NO  NONWOVEN  DISPOSABLE  PRODUCT  FOR  SALE  IN ANY MUNICIPALITY,
INCLUDING A CITY WITH A POPULATION OF A MILLION OR MORE, SHALL BE ADVER-
TISED, PACKAGED OR LABELED AS FLUSHABLE, SEWER SAFE, OR SEPTIC  SAFE  IF
SUCH  PRODUCT  HAS NOT FIRST BEEN APPROVED AS FLUSHABLE BY A THIRD PARTY
ACCORDING TO  RULES  PROMULGATED  BY  THE  DEPARTMENT  OF  ENVIRONMENTAL
CONSERVATION.
  3.  ANY  PERSON  WHO VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL
PENALTY OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH VIOLATION.  SUCH
PENALTIES  MAY  BE RECOVERED IN PROCEEDINGS BEFORE A DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION ENFORCEMENT HEARING, THROUGH PROSECUTION  BY  THE
BUREAU  OF CONSUMER FRAUDS AND PROTECTION, OR IN ANY ACTION IN ANY COURT
OF APPROPRIATE JURISDICTION.
  4. NOTHING IN THIS SECTION SHALL APPLY TO:
  (A) A TELEVISION OR RADIO BROADCASTING STATION, OR TO ANY PUBLISHER OF
A NEWSPAPER, MAGAZINE OR OTHER FORM OF PRINTED ADVERTISING, THAT  BROAD-
CASTS,  PUBLISHES  OR  PRINTS  AN ADVERTISEMENT THAT FEATURES A NONWOVEN
DISPOSABLE PRODUCT PACKAGED OR LABELED  AS  FLUSHABLE,  SEWER  SAFE,  OR
SEPTIC SAFE; OR
  (B)  A  WHOLESALER  OR RETAILER THAT DISTRIBUTES OR SELLS BUT DOES NOT
PACKAGE OR LABEL A NONWOVEN DISPOSABLE PRODUCT THAT IS ADVERTISED, PACK-
AGED, OR LABELED AS FLUSHABLE, SEWER SAFE OR SEPTIC SAFE.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have  become  a law. Effective immediately, the commissioner of environ-
mental conservation shall promulgate rules and regulations necessary  or
appropriate to carry out the provisions of this act.