S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4129--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced by M. of A. COLTON, GOTTFRIED, SIMON, STECK, COOK, ZEBROWSKI,
   CONRAD,  LAWLER  -- Multi-Sponsored by -- M. of A. DILAN, ENGLEBRIGHT,
   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-w to read as follows:
   § 391-W.  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.
                                                            LBD05617-02-2
 A. 4129--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.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.