HF 3181

as introduced - 91st Legislature (2019 - 2020) Posted on 04/14/2020 02:22pm

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.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given:
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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) "competent and reliable evidence" means tests, analyses, research, studies, or other
evidence that is based on the expertise of professionals in the relevant area and has been
conducted and evaluated in an objective manner by qualified persons using procedures that
are generally accepted in the profession to yield accurate and reliable results and that
substantially replicate the physical conditions of the environment in which the nonwoven
disposable product will likely be disposed;
new text end

new text begin (3) "flushable, septic safe, or sewer safe" means a nonwoven disposable product that
meets the tests for flushability established by the Federal Trade Commission in Docket No.
C-4556 for nonmisleading representations regarding the flushability of nonwoven disposable
products or that complies with the most recent INDA (Association of the Nonwoven Fabrics
Industry) code of practice for product labeling that has been approved by the commissioner
of the Pollution Control Agency;
new text end

new text begin (4) "label" means representations made by statement, word, picture, design, or emblem
on the primary and secondary packaging of a nonwoven disposable product;
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new text begin (5) "nonwoven disposable product" means a product constructed from nonwoven sheet
products that:
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new text begin (i) the manufacturer has designed or marketed for or that are commonly used in a
bathroom setting or for toileting purposes; and
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new text begin (ii) during normal use could become contaminated with feces, menses, urine, and germs
typically associated with these wastes; and
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new text begin (6) "tests for flushability" means competent and reliable scientific evidence that is of
sufficient quantity and quality to substantiate that nonwoven disposable product disperses
in a sufficiently short amount of time after flushing to avoid clogging or other operational
problems in household and municipal sewage lines, septic systems, and other standard
wastewater equipment.
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 unless it meets the
definition set forth in subdivision 1, clause (3).
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
must meet the most recent INDA (Association of the Nonwoven Fabrics Industry) code of
practice for product labeling that has been approved by the commissioner of the Pollution
Control Agency.
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 $100 for each prepackaged salable unit offered for sale, up to a maximum
of $5,000, and may be enjoined from those violations.
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 (a) 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
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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 (b) A manufacturer in possession of nonwoven disposable products on January 1, 2021,
that do not meet the labeling standards of this section may exhaust existing stock through
distribution or sale to wholesalers or retailers.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021.
new text end