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An Act To Establish Flushability Standards for Consumer Products Advertised as Flushable
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §1611  is enacted to read:
§ 1611. Flushable consumer products
 
1.  Definitions.     As used in this section, unless the context otherwise indicates, "flushable" means, with regard to a product, that it is able to clear toilets and properly maintained drainage pipe systems under expected product usage conditions. A product is flushable if it is compatible with wastewater conveyance, treatment, reuse and disposal systems, becomes unrecognizable in a reasonable period of time and is safe in the natural receiving environment.
 
2.  Packaging and labeling.     Unless a product is flushable and 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 in effect on January 1, 2011, after December 31, 2011 a person may not package or label a consumer product for distribution or sale in the State if the package or label states that the product is flushable or safe for sewer and septic systems.
 
3.  Testing documentation.     A person who packages or labels a consumer product for distribution or sale in the State in a package or with a label that states that the product is flushable or safe for sewer and septic systems shall maintain written documentation:
 
A.  Of testing that substantiates 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 in effect on January 1, 2011; and
 
B.  That the testing under paragraph A has been performed by a laboratory that is capable of performing and qualified to perform the testing.
 
4.  Exemptions.     The provisions of this section do not apply to:
 
A.  A wholesaler or retailer that distributes or sells but does not package or label flushable consumer products; and
 
B.  Liquid, gel or powder cleaning products or septic treatment products.
 
5.  Penalty.     A person who violates the provisions of this section commits a civil violation for which a fine of not more than $2,500 per day may be adjudged.
 
6.  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.
 
SUMMARY
This bill prohibits the packaging or labeling of consumer products for distribution or sale in the State if the package or label states that the product is flushable or safe for sewer and septic systems unless 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 in effect on January 1, 2011.