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SF 2525

3rd Engrossment - 89th Legislature (2015 - 2016) Posted on 05/20/2016 08:47am

KEY: stricken = removed, old language.
underscored = added, new language.
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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:
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;
new text end

new text begin (2) "nonwoven disposable product" means a product constructed from nonwoven
sheet products that the manufacturer has designed for, marketed for, or are commonly
used in a bathroom setting, or for toileting purposes; and during normal use could become
contaminated with feces, menses, urine, and germs typically associated with these wastes;
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 non-misleading 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 Pollution Control Agency;
new text end

new text begin (4) "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 (5) "competent and reliable evidence" means tests, analyses, research, studies, or
other evidence based on the expertise of professionals in the relevant area, that have been
conducted and evaluated in an objective manner by qualified persons, using procedures
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; and
new text end

new text begin (6) "label" means representations made by statement, word, picture, design, or
emblem on the primary and secondary packaging of a nonwoven disposable product.
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 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 pre-packaged 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:
new text end

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 (b) A manufacturer in possession of nonwoven disposable products on January 1,
2018, that do not meet the labeling standards of this section may exhaust their 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 June 1, 2017.
new text end