HF 2842

as introduced - 89th Legislature (2015 - 2016) Posted on 05/02/2016 04:43pm

A bill for an act
relating to environment; providing for labeling of certain nonwoven disposable
products; proposing coding for new law in Minnesota Statutes, chapter 325E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325E.048] NONWOVEN PERSONAL CARE DISPOSABLE
PRODUCTS LABELING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms
have the meanings given:
new text end

new text begin (1) "advertised" means represented by statement, word, design, device, sound, or
any combination thereof in print, electronic, or broadcast media;
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new text begin (2) "flushable, septic safe, and sewer safe" means a nonwoven disposable product
that is:
new text end

new text begin (i) able to clear toilets and properly maintained drainage pipe systems under
expected product use and conditions;
new text end

new text begin (ii) compatible with wastewater conveyance, treatment, reuse, and disposal systems
without causing blockage, clogging, or other operational problems; and
new text end

new text begin (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;
new text end

new text begin (3) "label" means representations made by statement, word, picture, design, or
emblem on the packaging of a nonwoven disposable product; and
new text end

new text begin (4) "nonwoven disposable product" means a product constructed from nonwoven
sheets that is designated for, marketed for, or commonly used for personal hygiene
purposes.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin No nonwoven disposable product for sale in the state may be
advertised, packaged, or labeled as flushable, septic safe, or sewer safe if the product is
not flushable, septic safe, and sewer safe as defined under subdivision 1.
new text end

new text begin Subd. 3. new text end

new text begin Labeling requirement. new text end

new text begin A nonwoven disposable product for sale in the
state that is not flushable, septic safe, and sewer safe as defined under subdivision 1 must
include on the product's label the phrase "Do Not Flush."
new text end

new text begin Subd. 4. new text end

new text begin Penalty; enforcement. new text end

new text begin (a) A manufacturer that violates this section is
subject to a civil penalty of not more than $5,000 for each violation.
new text end

new text begin (b) The attorney general may bring an action in the name of the state in a court of
competent jurisdiction for recovery of civil penalties under paragraph (a). The attorney
general may accept an assurance of discontinuance of acts in violation of subdivision 2 or
3 in the manner provided in section 8.31, subdivision 2b.
new text end

new text begin Subd. 5. new text end

new text begin Exceptions. new text end

new text begin Nothing in this section applies to:
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new text begin (1) television or radio broadcasting stations or a publisher of a newspaper, magazine,
or other form of printed or electronic 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
new text end

new text begin (2) wholesalers or retailers that distribute or sell but do not package or label a
nonwoven disposable product that is advertised, packaged, or labeled as flushable, septic
safe, or sewer safe.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2018.
new text end