BILL NUMBER: AB 2256	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Huffman

                        FEBRUARY 18, 2010

   An act to add Chapter 9 (commencing with Section 119420) to Part
15 of Division 104 of the Health and Safety Code, relating to
flushable products.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2256, as introduced, Huffman. Product labeling: flushable
products.
   Existing law regulates the labeling requirements on various
consumer products.
   This bill would prohibit, on or after January 1, 2012, a person
engaged in the packaging or labeling of a consumer product from
distributing, or causing to be distributed, in commerce in California
a product, that is contained in a package, or that has an affixed
label, that states that the product is flushable, sewer and septic
safe, or other like term or phrase unless the product meets specified
criteria. The bill would make violation of this provision punishable
by a fine of up to $2,500.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) There is currently no consistent or widely accepted definition
of what constitutes a "flushable" consumer product. As a result,
companies have used their own definitions and methods to determine
the flushability of their products. For consumers and wastewater
agencies, this means there has been no single reference from which to
assess the flushability of products.
   (b) This lack of consistency has lead to confusion and lack of
clarity in the market place as to the appropriateness of disposing
certain products via plumbing systems. Where such confusion exists,
there is a higher risk that nonflushable products will be flushed
down a toilet, which has lead to costly plumbing repairs and
extraordinary maintenance problems for sanitary sewer systems and
wastewater treatment plants.
   (c) Products that are poorly designed to be flushed down the
toilet can cause sewer blockages, which damage sewer lines and lead
to costly sanitary sewer overflows. Damage and overflows present
dangers to public health and the environment.
   (d) A build up of nonflushable products has been shown to cause
clogs in sewage pumps, lead to entanglements in sewage treatment
equipment, lead to sewer backups in residences, and increase the risk
of a sanitary sewer overflow during a storm.
   (e) An increasing concern among public wastewater agencies is the
prevalence of consumer products found in sewage infrastructure around
the state that do not breakdown and disintegrate after being flushed
down a toilet.
   (f) The increased maintenance needed to prevent problems from
nonflushable products is very costly to public wastewater agencies.
   (g) It is in the best interests of manufacturers, retailers,
consumers, and regulators, as well as wastewater treatment managers
and operators, that there be a consistent and clear definition of
flushability.
   (h) To prevent nondispersable or poorly dispersable products from
entering sewer systems and potentially causing overflows, it is the
intent of the Legislature to define "flushable" in order to assist
manufacturers when labeling their products and enable consumers to
identify which products are safe to dispose via the plumbing system.
  SEC. 2.  Chapter 9 (commencing with Section 119420) is added to
Part 15 of Division 104 of the Health and Safety Code, to read:
      CHAPTER 9.  FLUSHABLE PRODUCTS


   119420.  (a) On or after January 1, 2012, no person engaged in the
packaging or labeling of a consumer product shall distribute, or
cause to be distributed, in commerce in California a product that is
contained in a package, or that has an affixed label, that states
that the product is flushable, sewer and septic safe, or other like
term or phrase unless the product can be safely flushed down a low
consumption toilet system of 1.6 gallons or less and can easily
clear, in one flush, a four inch drain line.
   (b) For purposes of this section, "safely" means that the product
disperses at the same rate as double-ply toilet paper after one flush
and is biodegradable pursuant to the Federal Trade Commission
standards in Section 260.7 of Title 16 of the Code of Federal
Regulations in effect on December 31, 2010.
   119421.  Violation of this chapter shall be punishable by a fine
not to exceed two thousand five hundred dollars ($2,500).