S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5307
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 13, 2015
                                      ___________
       Introduced  by  Sen.  DILAN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Consumer Protection
       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:
    1    Section 1. The general business law is amended by adding a new section
    2  391-t to read as follows:
    3    S  391-T.  NONWOVEN  DISPOSABLE  PRODUCTS.  1.  FOR  PURPOSES  OF THIS
    4  SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
    5    (A) "ADVERTISED" MEANS REPRESENTATION MADE BY STATEMENT, WORD, DESIGN,
    6  DEVICE, SOUND OR ANY COMBINATION THEREOF IN PRINT OR BROADCAST MEDIA.
    7    (B) "FLUSHABLE", "SEPTIC SAFE", AND "SEWER SAFE" MEANS WITH REGARD  TO
    8  A  NONWOVEN  DISPOSABLE  PRODUCT,  A  PRODUCT THAT IS: (I) ABLE TO CLEAR
    9  TOILETS AND PROPERLY MAINTAINED DRAINAGE  PIPE  SYSTEMS  UNDER  EXPECTED
   10  PRODUCT  USAGE  CONDITIONS;  (II) COMPATIBLE WITH WASTEWATER CONVEYANCE,
   11  TREATMENT, REUSE, AND DISPOSAL SYSTEMS WITHOUT CAUSING  BLOCKAGE,  CLOG-
   12  GING,  OR  OTHER  OPERATIONAL  PROBLEMS;  AND  (III)  UNRECOGNIZABLE  IN
   13  EFFLUENT LEAVING ON-SITE AND MUNICIPAL WASTEWATER TREATMENT SYSTEMS  AND
   14  IN  DIGESTED SLUDGE FROM WASTEWATER TREATMENT PLANTS THAT ARE APPLIED TO
   15  SOIL.
   16    (C) "LABEL" MEANS THOSE REPRESENTATIONS MADE THROUGH STATEMENT,  WORD,
   17  PICTURE,  DESIGN OR EMBLEM ON A PACKAGING OF A NONWOVEN DISPOSABLE PROD-
   18  UCT.
   19    (D) "NONWOVEN DISPOSABLE PRODUCT" MEANS ANY PRODUCT  CONSTRUCTED  FROM
   20  NONWOVEN SHEETS THAT IS DESIGNED FOR, MARKETED FOR, OR COMMONLY USED FOR
   21  PERSONAL HYGIENE PURPOSES.
   22    2.  NO  NONWOVEN  DISPOSABLE  PRODUCT  FOR  SALE  IN ANY MUNICIPALITY,
   23  INCLUDING A CITY WITH A POPULATION OF A MILLION OR MORE, SHALL BE ADVER-
   24  TISED, PACKAGED OR LABELED AS FLUSHABLE, SEWER SAFE, OR SEPTIC  SAFE  IF
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10505-01-5
       S. 5307                             2
    1  SUCH  PRODUCT  HAS NOT FIRST BEEN APPROVED AS FLUSHABLE BY A THIRD PARTY
    2  ACCORDING TO  RULES  PROMULGATED  BY  THE  DEPARTMENT  OF  ENVIRONMENTAL
    3  CONSERVATION.
    4    3.  ANY  PERSON  WHO VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL
    5  PENALTY OF NOT MORE THAN FIVE THOUSAND DOLLARS FOR EACH VIOLATION.  SUCH
    6  PENALTIES  MAY  BE RECOVERED IN PROCEEDINGS BEFORE A DEPARTMENT OF ENVI-
    7  RONMENTAL CONSERVATION ENFORCEMENT HEARING, THROUGH PROSECUTION  BY  THE
    8  BUREAU  OF CONSUMER FRAUDS AND PROTECTION, OR IN ANY ACTION IN ANY COURT
    9  OF APPROPRIATE JURISDICTION.
   10    4. NOTHING IN THIS SECTION SHALL APPLY TO:
   11    (A) A TELEVISION OR RADIO BROADCASTING STATION, OR TO ANY PUBLISHER OF
   12  A NEWSPAPER, MAGAZINE OR OTHER FORM OF PRINTED ADVERTISING, THAT  BROAD-
   13  CASTS,  PUBLISHES  OR  PRINTS  AN ADVERTISEMENT THAT FEATURES A NONWOVEN
   14  DISPOSABLE PRODUCT PACKAGED OR LABELED  AS  FLUSHABLE,  SEWER  SAFE,  OR
   15  SEPTIC SAFE; OR
   16    (B)  A  WHOLESALER  OR RETAILER THAT DISTRIBUTES OR SELLS BUT DOES NOT
   17  PACKAGE OR LABEL A NONWOVEN DISPOSABLE PRODUCT THAT IS ADVERTISED, PACK-
   18  AGED, OR LABELED AS FLUSHABLE, SEWER SAFE OR SEPTIC SAFE.
   19    S 2. This act shall take effect on the ninetieth day  after  it  shall
   20  have  become  a law. Effective immediately, the commissioner of environ-
   21  mental conservation shall promulgate rules and regulations necessary  or
   22  appropriate to carry out the provisions of this act.