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An Act Regarding the Packaging and Labeling of Disposable Cleaning and Personal Hygiene Products
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §1611  is enacted to read:
§ 1611. Disposable cleaning or personal hygiene products
 
1.  Definitions.     As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
 
A.  "Disposable cleaning or personal hygiene product" means an item intended for residential or commercial use as a disposable cleaning or disinfecting wipe, a baby wipe or other disposable moist towelette or any other item designated by the department by rule pursuant to subsection 4.
 
B.  "Flushable" means, with regard to a product, that it is able to pass through toilets and properly maintained drainable pipe systems under expected product usage conditions; is compatible with wastewater conveyance, treatment, reuse and disposal systems; and becomes unrecognizable in a wastewater conveyance, treatment, reuse and disposal system in a reasonable period of time and is safe in the natural receiving environment.
 
2.  Packaging and labeling.     A person may not package or label a disposable cleaning or personal hygiene product for distribution or sale in the State in a package or with a label that states the product is flushable and safe for sewer and septic systems unless:
 
A.  The package or label states in a highly visible manner that the product is flushable and safe for sewer and septic systems;
 
B.  The person makes available to the department and maintains written documentation of testing substantiating that the product meets the acceptance criteria for flushability as published in the Guidance Document for Assessing the Flushability of Nonwoven Consumer Products, published by the Association of the Nonwoven Fabrics Industry on June 1, 2013; and
 
C.  The testing under paragraph B has been performed by a laboratory that is capable of performing and qualified to perform the testing as determined by rule adopted by the department pursuant to subsection 4.
 
A person may not package or label a disposable cleaning or personal hygiene product for distribution or sale in the State that is not flushable or safe for sewer and septic systems unless the package or label on the product states in a highly visible manner that the product is not flushable or safe for sewer or septic systems.
 
3.  Exemptions.     This section does not apply to:
 
A.  A wholesaler or retailer that distributes or sells but does not package or label disposable cleaning or personal hygiene products; or
 
B.  Liquid, gel or powder cleaning products or septic treatment products.
 
4.  Rulemaking.     The department shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
This section is effective January 1, 2016.
 
SUMMARY
This bill provides that, effective January 1, 2016, a person may not package or label a disposable cleaning or personal hygiene product for distribution or sale in the State in a package or with a label that states the product is flushable and safe for sewer and septic systems unless the package or label states in a highly visible manner that the product is flushable and safe for sewer and septic systems; the person makes available to the Department of Environmental Protection and maintains written documentation of testing substantiating that the product meets the acceptance criteria for flushability as published in the Guidance Document for Assessing the Flushability of Nonwoven Consumer Products, published by the Association of the Nonwoven Fabrics Industry on June 1, 2013; and this testing has been performed by a laboratory that is capable of performing and qualified to perform the testing. The bill also provides that a person may not package or label a disposable cleaning or personal hygiene product for distribution or sale in the State that is not flushable or safe for sewer and septic systems unless the package or label on the product states in a highly visible manner that the product is not flushable or safe for sewer or septic systems. These requirements do not apply to a wholesaler or retailer that distributes or sells but does not package or label disposable cleaning or personal hygiene products or to liquid, gel or powder cleaning products or septic treatment products. The bill directs the department to adopt rules to implement these provisions.