BILL NUMBER: AB 2256	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 1, 2010
	AMENDED IN ASSEMBLY  APRIL 12, 2010

INTRODUCED BY   Assembly Member Huffman
   (Coauthor: Assembly Member Jones)
   (Coauthors: Senators Hancock and Pavley)

                        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 amended, 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
from packaging or labeling a consumer product  , as defined,
 for distribution or sale in California if that product is
contained in a package, or 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
require a person who has packaged or labeled a  consumer 
product for distribution or sale in California that is labeled as
flushable, sewer and septic safe, or other like term or phrase, to
maintain, in written form, documentation of the testing
substantiating the validity of the claim  , except as specified
 . The bill would exempt certain retailers and wholesalers from
these provisions. 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 marketplace 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) 
    (a)  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) 
    (b)  A buildup 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) 
    (c)  An increasing concern among public wastewater
agencies is the prevalence of consumer products found in sewage
infrastructure around the state that do not  breakdown
  break down  and disintegrate after being flushed
down a toilet. 
   (f) 
    (d)  The increased maintenance needed to prevent
problems from nonflushable products is very costly to public
wastewater agencies and their ratepayers  . 
   (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) 
    (e)  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   it is the intent of the
Legislature to enable  consumers to identify which products are
safe to dispose  of  via the plumbing system. 
   (f) It is also the intent of the Legislature to update Chapter 9
(commencing with Section 119420) of Part 15 of Division 104 of the
Health and Safety Code so that the guidance criteria for flushability
published by the Association of the Nonwoven Fabrics Industry are
updated and improved to reflect new plumbing, septic, and sewage
technologies.  
   (g) It is also the intent of the Legislature to encourage the
inclusion of representatives of California's sanitation districts on
any peer review panel that reviews updates to the guidance criteria.

  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 shall package
or label a consumer product for distribution or sale in California if
that product is contained in a package, or has an affixed label,
that states that the  consumer  product is flushable, sewer
and septic safe, or other like term or phrase  unless the
product has been tested and certified by a third party to meet the
acceptance criteria for toilet, drainline, sewage pump, septic tank,
aerobic system, and municipal wastewater collection and treatment
systems clearance as published in the Guidance   unless
the product meets the acceptance criteria as published in the
Guidance  Document for Assessing the Flushability of Nonwoven
Consumer Products, published by the Association of the Nonwoven
Fabrics Industry (INDA), as that document exists on January 1, 2012.
   (b)  A   Except as provided in subdivision
(c), a  person who has packaged or labeled a  consumer 
product for distribution or sale in California that is labeled as
flushable, sewer and septic safe, or other like term or phrase, shall
maintain, in  written form, documentation of the testing
substantiating the validity of the claim.   written
form, documentation of the testing that substantiates the validity of
the claim that the product meets the acceptance criteria described
in subdivision (a), as well as documentation that this testing has
been performed by a laboratory that is capable of and qualified to
perform the testing as specified in the acceptance criteria. 

   (c) If the consumer product is tested prior to January 1, 2012,
and meets the acceptance criteria described in subdivision (a), or
the equivalent criteria for toilet, septic, and sewage systems, any
documentation may be used to substantiate the validity of the claim
that the product meets the criteria.  
   (d) Commencing January 1, 2015, a laboratory that performs testing
for purposes of this chapter shall be audited annually for quality
assurance and quality control.  
   (c) 
    (e)  For purposes of this section, a wholesaler or
retailer who does not initiate a representation by advertising or by
placing the representation on a package shall  not be
subject to the provisions of this section. 
   (f) For purposes of this section, "consumer product" means a solid
material that does not dissolve in water. "Consumer product" does
not include, among other products, a liquid, gel, or powder cleaning
product or septic treatment product. 
   119421.  Violation of this chapter shall be punishable by a fine
not to exceed two thousand five hundred dollars ($2,500).