HB 918: DOH; Labeling Requirements; Do Not Flush; Premoistened Nonwoven Disposable Wipes; Consumer Protection; Waste; Environmental Protection; Positions; Appropriations

A BILL FOR AN ACT

RELATING TO LABELING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  labeling of non-flushable products

     §321-     Definitions.  As used in this part:

     "Agency" means the United States Environmental Protection Agency.

     "Covered product" means:

     (1)  A premoistened nonwoven disposable wipe marketed as a baby or diapering wipe; or

     (2)  A premoistened nonwoven disposable wipe that is:

          (A)  Composed entirely or in part of petrochemical‑derived fibers; and

          (B)  Is likely to be used in a bathroom and has significant potential to be flushed, including:

              (i)  Adult hygiene wipes;

             (ii)  Adult incontinence wipes;

            (iii)  Antibacterial wipes;

             (iv)  Bathroom cleaning wipes;

              (v)  Body cleansing wipes;

             (vi)  Disinfecting wipes;

            (vii)  Facial and makeup removal wipes;

           (viii)  Feminine hygiene wipes;

             (ix)  General purpose cleaning wipes;

              (x)  Hand sanitizing wipes;

             (xi)  Hard surface cleaning wipes;

            (xii)  Personal care wipes for use on the body; and

           (xiii)  Toilet cleaning wipes.

     "Department" means department of health.

     "Label notice" means the phrase "DO NOT FLUSH" in a size equal to no less than two per cent of the surface area of the principal display panel.

     "Principal display panel" means the side of a product package that is most likely to be displayed, presented, or shown under customary display conditions for retail sales.  "Principal display panel" includes the following:

     (1)  In the case of a cylindrical or nearly cylindrical package, the surface area of the principal display panel contributes forty per cent of the product package, as measured by multiplying the height of the container by the circumference; and

     (2)  In the case of a flexible film package, in which a rectangular prism or nearly rectangular prism stack of wipes is housed within the film, the surface area of the principal display panel constitutes the length multiplied by the width of the side of the package when the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack.

     "Symbol" means the "DO NOT FLUSH" symbol as depicted in the INDA/EDANA Code of Practice Second Edition and published in the "Guidelines for Assessing the Flushability of Disposable Nonwoven Products, Edition 4, May 2018".

     §321-     Labeling requirement.  (a)  Except as otherwise provided in paragraph (4), a covered product sold, offered for sale, or distributed for sale in the State shall include the following labels prominently displayed in a conspicuous location that is reasonably viewable each time a covered product is dispensed:

     (1)  If the package is cylindrical or near cylindrical:

          (A)  The symbol and label notice shall be placed on the principal display panel; or

          (B)  The symbol shall be placed on the principal display panel, and the symbol or label notice, or both, shall be placed on the flip lid, covering no less than eight per cent of the surface of the flip lid, and may be embossed;

     (2)  If the package is a flexible film package, the symbol shall be placed on the principal display panel and the dispensing side panel.  The label notice shall be placed on the principal display panel, the dispensing side panel, or both;

     (3)  If the package is a refillable tub or other rigid packaging intended to be reused, the symbol and label notice shall be placed on the principal display panel; and

     (4)  If the packaging is not subject to the requirements described in paragraph (1), (2), or (3), the symbol and label notice shall be placed on the principal display panel.

     (b)  The labels described in subsection (a)(1) and (3), shall comply with the following:

     (1)  No seams, fold, or other package design elements shall obscure the symbol or label notice;

     (2)  The symbol and label notice shall appear in sharp contrast to the background; and

     (3)  The symbol shall be sized no less than two per cent of the surface area of the principal display panel.

     (c)  If a covered product is sold, offered for sale, or distributed for sale in bulk packaging, the label on each individual package of covered products and the outer bulk packaging shall comply with the requirements of this section, as applicable; provided that nothing in this subsection shall apply to:

     (1)  An individual package of covered products contained within the outer bulk packaging that is not intended to dispense individual wipes and contains no retail labeling;

     (2)  Outer bulk packaging that does not obscure the symbol and label notice on the individual packages of covered products; and

     (3)  The outer packaging or outer bulk packaging of consumer products not covered by this section that are sold, offered for sale, or distributed for sale in combination with a covered product; provided further that the symbol and label notice shall be placed on the covered product in a conspicuous location that is reasonably viewable if the packaging of the combination product is smaller than three inches by three inches.

     (d)  No covered products sold, offered for sale, or distributed for sale in the State shall make any representation that a covered product is flushable, including through the use of a product name, endorsement, depiction, illustration, trademark, or trade name.

     (e)  The label requirements provided in this section shall apply to covered products that are regulated pursuant to, and to the extent any label requirements do not conflict with:

     (1)  The Federal Hazardous Substances Act, title 15 United States Code sections 1261 to 1278; and

     (2)  The Federal Insecticide, Fungicide, and Rodenticide Act, title 7 United States Code sections 136 to 136y.

     (f)  No later than January 1, 2026, the manufacturer of a covered product required to be registered with the agency pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, title 7 United States Code sections 136 to 136y, shall submit a copy of a symbol and label notice pursuant to this section, to the agency.  Upon approval of the symbol and label notice by the agency, the manufacturer of the covered product shall submit a copy of the approved symbol and label notice to the department and begin using the approved symbol and label notice or portion thereof.  If the agency does not approve the symbol and label notice, the manufacturer of the covered product shall use the symbol and label notice that the agency previously approved until the agency approves a new symbol and label notice.  A symbol and label notice approved under this subsection shall be in use within eighteen months after the agency approves the symbol and label notice."

     SECTION 2.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2025-2026 and the same sum or so much thereof as may be necessary for fiscal year 2026-2027 for the establishment of two full-time equivalent (2.0 FTE) positions within the department of health to implement this Act, to be allocated as follows:

     (1)  $           for one full-time equivalent (1.0 FTE) position to conduct inspections and enforcement actions; and

     (2)  $           for one full-time equivalent (1.0 FTE) position to conduct education and outreach activities.

     The sums appropriated shall be expended by the department of health for the purposes of this Act.

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  This Act shall take effect on December 31, 2050.

Report Title:

DOH; Labeling Requirements; Do Not Flush; Premoistened Nonwoven Disposable Wipes; Consumer Protection; Waste; Environmental Protection; Positions; Appropriations

Description:

Establishes labeling requirements for certain premoistened nonwoven disposable wipes.  Requires certain manufacturers of covered products to submit for approval, their "DO NOT FLUSH" label notices and symbols to the United States Environmental Protection Agency by 1/1 2026.  Appropriates funds.  Effective 12/31/2050.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO LABELING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  labeling of non-flushable products

     §321-     Definitions.  As used in this part:

     "Agency" means the United States Environmental Protection Agency.

     "Covered product" means:

     (1)  A premoistened nonwoven disposable wipe marketed as a baby or diapering wipe; or

     (2)  A premoistened nonwoven disposable wipe that is:

          (A)  Composed entirely or in part of petrochemical‑derived fibers; and

          (B)  Is likely to be used in a bathroom and has significant potential to be flushed, including:

              (i)  Adult hygiene wipes;

             (ii)  Adult incontinence wipes;

            (iii)  Antibacterial wipes;

             (iv)  Bathroom cleaning wipes;

              (v)  Body cleansing wipes;

             (vi)  Disinfecting wipes;

            (vii)  Facial and makeup removal wipes;

           (viii)  Feminine hygiene wipes;

             (ix)  General purpose cleaning wipes;

              (x)  Hand sanitizing wipes;

             (xi)  Hard surface cleaning wipes;

            (xii)  Personal care wipes for use on the body; and

           (xiii)  Toilet cleaning wipes.

     "Department" means department of health.

     "Label notice" means the phrase "DO NOT FLUSH" in a size equal to no less than two per cent of the surface area of the principal display panel.

     "Principal display panel" means the side of a product package that is most likely to be displayed, presented, or shown under customary display conditions for retail sales.  "Principal display panel" includes the following:

     (1)  In the case of a cylindrical or nearly cylindrical package, the surface area of the principal display panel contributes forty per cent of the product package, as measured by multiplying the height of the container by the circumference; and

     (2)  In the case of a flexible film package, in which a rectangular prism or nearly rectangular prism stack of wipes is housed within the film, the surface area of the principal display panel constitutes the length multiplied by the width of the side of the package when the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack.

     "Symbol" means the "DO NOT FLUSH" symbol as depicted in the INDA/EDANA Code of Practice Second Edition and published in the "Guidelines for Assessing the Flushability of Disposable Nonwoven Products, Edition 4, May 2018".

     §321-     Labeling requirement.  (a)  Except as otherwise provided in paragraph (4), a covered product sold, offered for sale, or distributed for sale in this State shall include the following labels prominently displayed in a conspicuous location that is reasonably viewable each time a covered product is dispensed:

     (1)  If the package is cylindrical or near cylindrical:

          (A)  The symbol and label notice shall be placed on the principal display panel; or

          (B)  The symbol shall be placed on the principal display panel, and the symbol or label notice, or both, shall be placed on the flip lid, covering no less than eight per cent of the surface of the flip lid, and may be embossed;

     (2)  If the package is a flexible film package, the symbol shall be placed on the principal display panel and the dispensing side panel.  The label notice shall be placed on the principal display panel, the dispensing side panel, or both;

     (3)  If the package is a refillable tub or other rigid packaging intended to be reused, the symbol and label notice shall be placed on the principal display panel; and

     (4)  If the packaging is not subject to the requirements described in paragraph (1), (2), or (3), the symbol and label notice shall be placed on the principal display panel.

     (b)  The labels described in subsection (a)(1) and (3), shall comply with the following:

     (1)  No seams, fold, or other package design elements shall obscure the symbol or label notice;

     (2)  The symbol and label notice shall appear in sharp contrast to the background; and

     (3)  The symbol shall be sized no less than two per cent of the surface area of the principal display panel.

     (c)  If a covered product is sold, offered for sale, or distributed for sale in bulk packaging, the label on each individual package of covered products and the outer bulk packaging shall comply with the requirements of this section, as applicable; provided that nothing in this subsection shall apply to:

     (1)  An individual package of covered products contained within the outer bulk packaging that is not intended to dispense individual wipes and contains no retail labeling;

     (2)  Outer bulk packaging that does not obscure the symbol and label notice on the individual packages of covered products; and

     (3)  The outer packaging or outer bulk packaging of consumer products not covered by this section that are sold, offered for sale, or distributed for sale in combination with a covered product; provided that the symbol and label notice shall be placed on the covered product in a conspicuous location that is reasonably viewable if the packaging of the combination product is smaller than three inches by three inches.

     (d)  No covered products sold, offered for sale, or distributed for sale in this State shall make any representation that a covered product is flushable, including through the use of a product name, endorsement, depiction, illustration, trademark, or trade name.

     (e)  The label requirements provided in this section shall apply to covered products that are regulated pursuant to, and to the extent any label requirements do not conflict with:

     (1)  The Federal Hazardous Substances Act, title 15 United States Code sections 1261 to 1278; and

     (2)  The Federal Insecticide, Fungicide, and Rodenticide Act, title 7 United States Code sections 136 to 136y.

     (f)  No later than January 1, 2026, the manufacturer of a covered product required to be registered with the agency pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, title 7 United States Code sections 136 to 136y, shall submit a copy of a symbol and label notice pursuant to this section, to the agency.  Upon approval of the symbol and label notice by the agency, the manufacturer of the covered product shall submit a copy of the approved symbol and label notice to the department and begin using the approved symbol and label notice or portion thereof.  If the agency does not approve the symbol and label notice, the manufacturer of the covered product shall use the symbol and label notice that the agency previously approved until the agency approves a new symbol and label notice.  A symbol and label notice approved under this subsection shall be in use within six months after the agency approves the symbol and label notice."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

Labeling Requirements; Do Not Flush; Premoistened Nonwoven Disposable Wipes; Consumer Protection; Waste; Environmental Protection

Description:

Establishes labeling requirements for certain premoistened nonwoven disposable wipes.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO LABELING.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 321, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  labeling of non-flushable products

     §321-     Definitions.  As used in this part:

     "Agency" means the United States Environmental Protection Agency.

     "Covered product" means:

     (1)  A premoistened nonwoven disposable wipe marketed as a baby or diapering wipe; or

     (2)  A premoistened nonwoven disposable wipe that is:

          (A)  Composed entirely or in part of petrochemical‑derived fibers; and

          (B)  Is likely to be used in a bathroom and has significant potential to be flushed, including:

              (i)  Adult hygiene wipes;

             (ii)  Adult incontinence wipes;

            (iii)  Antibacterial wipes;

             (iv)  Bathroom cleaning wipes;

              (v)  Body cleansing wipes;

             (vi)  Disinfecting wipes;

            (vii)  Facial and makeup removal wipes;

           (viii)  Feminine hygiene wipes;

             (ix)  General purpose cleaning wipes;

              (x)  Hand sanitizing wipes;

             (xi)  Hard surface cleaning wipes;

            (xii)  Personal care wipes for use on the body; and

           (xiii)  Toilet cleaning wipes.

     "Department" means department of health.

     "Label notice" means the phrase "DO NOT FLUSH" in a size equal to no less than two per cent of the surface area of the principal display panel.

     "Principal display panel" means the side of a product package that is most likely to be displayed, presented, or shown under customary display conditions for retail sales.  "Principal display panel" includes the following:

     (1)  In the case of a cylindrical or nearly cylindrical package, the surface area of the principal display panel contributes forty per cent of the product package, as measured by multiplying the height of the container by the circumference; and

     (2)  In the case of a flexible film package, in which a rectangular prism or nearly rectangular prism stack of wipes is housed within the film, the surface area of the principal display panel constitutes the length multiplied by the width of the side of the package when the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack.

     "Symbol" means the "DO NOT FLUSH" symbol as depicted in the INDA/EDANA Code of Practice Second Edition and published in the "Guidelines for Assessing the Flushability of Disposable Nonwoven Products, Edition 4, May 2018".

     §321-     Labeling requirement.  (a)  Except as otherwise provided in paragraph (4), a covered product sold, offered for sale, or distributed for sale in this State shall include the following labels prominently displayed in a conspicuous location that is reasonably viewable each time a covered product is dispensed:

     (1)  If the package is cylindrical or near cylindrical:

          (A)  The symbol and label notice shall be placed on the principal display panel; or

          (B)  The symbol shall be placed on the principal display panel, and the symbol or label notice, or both, shall be placed on the flip lid, covering no less than eight per cent of the surface of the flip lid, and may be embossed;

     (2)  If the package is a flexible film package, the symbol shall be placed on the principal display panel and the dispensing side panel.  The label notice shall be placed on the principal display panel, the dispensing side panel, or both;

     (3)  If the package is a refillable tub or other rigid packaging intended to be reused, the symbol and label notice shall be placed on the principal display panel; and

     (4)  If the packaging is not subject to the requirements described in paragraph (1), (2), or (3), the symbol and label notice shall be placed on the principal display panel.

     (b)  The labels described in subsection (a)(1) and (3), shall comply with the following:

     (1)  No seams, fold, or other package design elements shall obscure the symbol or label notice;

     (2)  The symbol and label notice shall appear in sharp contrast to the background; and

     (3)  The symbol shall be sized no less than two per cent of the surface area of the principal display panel.

     (c)  If a covered product is sold, offered for sale, or distributed for sale in bulk packaging, the label on each individual package of covered products and the outer bulk packaging shall comply with the requirements of this section, as applicable; provided that nothing in this subsection shall apply to:

     (1)  An individual package of covered products contained within the outer bulk packaging that is not intended to dispense individual wipes and contains no retail labeling;

     (2)  Outer bulk packaging that does not obscure the symbol and label notice on the individual packages of covered products; and

     (3)  The outer packaging or outer bulk packaging of consumer products not covered by this section that are sold, offered for sale, or distributed for sale in combination with a covered product; provided that the symbol and label notice shall be placed on the covered product in a conspicuous location that is reasonably viewable if the packaging of the combination product is smaller than three inches by three inches.

     (d)  No covered products sold, offered for sale, or distributed for sale in this State shall make any representation that a covered product is flushable, including through the use of a product name, endorsement, depiction, illustration, trademark, or trade name.

     (e)  The label requirements provided in this section shall apply to covered products that are regulated pursuant to, and to the extent any label requirements do not conflict with:

     (1)  The Federal Hazardous Substances Act, title 15 United States Code sections 1261 to 1278; and

     (2)  The Federal Insecticide, Fungicide, and Rodenticide Act, title 7 United States Code sections 136 to 136y.

     (f)  Not later than January 1, 2026, the manufacturer of a covered product required to be registered with the agency or department pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, title 7 United States Code sections 136 to 136y, shall submit a copy of a symbol and label notice pursuant to this section, to the agency or department.  Upon approval of the symbol and label notice by the agency, the manufacturer of the covered product shall submit a copy of the approved symbol and label notice to the department and begin using the approved symbol and label notice or portion thereof.  If the agency or department does not approve the symbol and label notice, the manufacturer of the covered product shall use the symbol and label notice that the agency previously approved until the agency approves a new symbol and label notice.  A symbol and label notice approved or partially approved under this subsection shall be in use within six months after the agency approves the symbol and label notice.

     §321-     Penalties.  (a)  Any person in violation of this part shall be subject to a civil fine as follows:

     (1)  For a first violation, a civil fine of no more than $2,000;

     (2)  For a second violation, a civil fine of no more than $5,000; and

     (3)  For a third or subsequent violation, a civil fine of no more than $10,000.

     (b)  A violation of this part may be prosecuted by the prosecuting attorney of the county in which the violation occurred or by the attorney general."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

Labeling Requirements; Do Not Flush; Premoistened Nonwoven Disposable Wipes; Consumer Protection; Waste; Environmental Protection; Penalties

Description:

Establishes labeling requirements for certain premoistened nonwoven disposable wipes.  Establishes civil penalties.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

Relating to Labeling.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 342D, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part   .  labeling of non-flushable products

     §342D-     Definitions.  As used in this part:

     "Covered product" means:

     (1)  A premoistened nonwoven disposable wipe marketed as a baby or diapering wipe; or

     (2)  A premoistened nonwoven disposable wipe that is:

          (A)  Composed entirely or in part of petrochemical‑derived fibers; and

          (B)  Is likely to be used in a bathroom and has significant potential to be flushed, including:

              (i)  Bathroom cleaning wipes;

             (ii)  Toilet cleaning wipes;

            (iii)  Hard surface cleaning wipes;

             (iv)  Disinfecting wipes;

              (v)  Hand sanitizing wipes;

             (vi)  Antibacterial wipes;

            (vii)  Facial and makeup removal wipes;

           (viii)  General purpose cleaning wipes;

             (ix)  Personal care wipes for use on the body;

              (x)  Feminine hygiene wipes;

             (xi)  Adult incontinence wipes;

            (xii)  Adult hygiene wipes; and

           (xiii)  Body cleansing wipes.

     "Label notice" means the phrase "DO NOT FLUSH" in a size equal to no less than two per cent of the surface area of the principal display panel.

     "Principal display panel" means the side of a product package that is most likely to be displayed, presented, or shown under customary display conditions for retail sales.  A principal display panel shall include the following:

     (1)  In the case of a cylindrical or nearly cylindrical package, the surface area of the principal display panel contributes forty per cent of the product package, as measured by multiplying the height of the container by the circumference; and

     (2)  In the case of a flexible film package, in which a rectangular prism or nearly rectangular prism stack of wipes is housed within the film, the surface area of the principal display panel constitutes the length multiplied by the width of the side of the package when the flexible packaging film is pressed flat against the stack of wipes on all sides of the stack.

     "Symbol" means the "DO NOT FLUSH" symbol as depicted in the INDA/EDANA Code of Practice Second Edition and published in the "Guidelines for Assessing the Flushability of Disposable Nonwoven Products, Edition 4, May 2018".

     §342D-     Labeling requirement.  (a)  Except as otherwise provided in paragraph (4), a covered product sold, offered for sale, or distributed for sale in this State shall include the following labels prominently displayed in a conspicuous location that is reasonably viewable each time a covered product is dispensed:

     (1)  If the package is cylindrical or near cylindrical:

          (A)  The symbol and label notice shall be placed on the principal display panel; or

          (B)  The symbol shall be placed on the principal display panel, and the symbol or label notice, or both, shall be placed on the flip lid, covering no less than eight per cent of the surface of the flip lid, and may be embossed;

     (2)  If the package is a flexible film package, the symbol shall be placed on the principal display panel and the dispensing side panel.  The label notice shall be placed on the principal display panel, the dispensing side panel, or both;

     (3)  If the package is a refillable tub or other rigid packaging intended to be reused, the symbol and label notice shall be placed on the principal display panel; and

     (4)  If the packaging is not subject to the requirements described in paragraphs (1), (2), or (3), the symbol and label notice shall be placed on the principal display panel.

     (b)  The labels described in subsection (a), paragraphs (1) and (3), shall comply with the following:

     (1)  No seams, fold, or other package design elements shall obscure the symbol or label notice;

     (2)  The symbol and label notice shall appear in sharp contrast to the background; and

     (3)  The symbol shall be sized no less than two per cent of the surface area of the principal display panel.

     (c)  If a covered product is sold, offered for sale, or distributed for sale in bulk packaging, the label on each individual package of covered products and the outer bulk packaging shall comply with the requirements in this section, as applicable; provided that nothing in this subsection shall apply to:

     (1)  An individual package of covered products contained within the outer bulk packaging that is not intended to dispense individual wipes and contains no retail labeling;

     (2)  Outer bulk packaging that does not obscure the symbol and label notice on the individual packages of covered products; and

     (3)  The outer packaging or outer bulk packaging of consumer products not covered by this section that are sold, offered for sale, or distributed for sale in combination with a covered product; provided that the symbol and label notice shall be placed on the covered product in a conspicuous location that is reasonably viewable if the packaging of the combination product is smaller than three inches by three inches.

     (d)  No covered products sold, offered for sale, or distributed for sale in this State shall make any representation that a covered product is flushable, including through the use of a product name, endorsement, depiction, illustration, trademark, or trade name.

     (e)  The label requirements provided in this section shall apply to covered products that are regulated pursuant to, and to the extent any label requirements do not conflict with:

     (1)  The Hazardous Substances Act, 15 United States Code sections 1261 to 1278; and

     (2)  The Insecticide, Fungicide, and Rodenticide Act, 7 United States Code sections 136 to 136y.

     (f)  Not later than January 1, 2026, the manufacturer of a covered product required to be registered with the agency or department pursuant to the Insecticide, Fungicide, and Rodenticide Act, 7 United States Code sections 136 to 136y, shall submit a copy of a symbol and label notice pursuant to this section, to the agency or department.  Upon approval of the symbol and label notice by the agency, the manufacturer of the covered product shall submit a copy of the approved symbol and label notice to the department and begin using the approved symbol and label notice or portion thereof.  If the agency or department does not approve the symbol and label notice, the manufacturer of the covered product shall use the symbol and label notice that the agency previously approved until the agency approves a new symbol and label notice.  A symbol and label notice approved or partially approved under this subsection shall be in use within six months after the agency approves the symbol and label notice.

     As used in this subsection:

     "Agency" means the United States Environmental Protection Agency.

     "Department" means the department of agriculture.

     §342D-     Penalties.  (a)  Any person in violation of this section shall be subject to a civil fine as follows:

     (1)  For a first violation, a civil fine of not more than $2,000;

     (2)  For a second violation, a civil fine of not more than $5,000; and

     (3)  For a third or subsequent violation, a civil fine of not more than $10,000.

     (b)  A violation of this section may be prosecuted by the prosecuting attorney of the county in which the violation occurred or by the attorney general."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  This Act shall take effect on January 1, 2026.

Report Title:

Labeling Requirement; Do Not Flush; Wipes; Consumer Protection; Wastewater Treatment; Waste; Environmental Protection; Sewage

Description:

Establishes labeling requirements for certain premoistened nonwoven disposable wipes.  Establishes civil penalties.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 1799

Honolulu, Hawaii

RE:    H.B. No. 918

       H.D. 2

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Commerce and Consumer Protection and Ways and Means, to which was referred H.B. No. 918, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LABELING,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish labeling requirements for certain premoistened nonwoven disposable wipes;

     (2)  Require certain manufacturers of covered products to submit for approval, their "DO NOT FLUSH" label notices and symbols to the United States Environmental Protection Agency by January 1, 2026; and

     (3)  Appropriate funds.

     Your Committees received testimony in support of this measure from the Department of Health, Hawaii Reef and Ocean Coalition, Hawaiʻi Association of REALTORS, and two individuals.

     Your Committees received testimony in opposition to this measure from the Retail Merchants of Hawaii.

     Your Committees find that when flushed down the toilet, some premoistened nonwoven disposable wipes, despite being labeled as "flushable" or "disposable", do not break down, clogging wastewater systems.  Your Committees further find that clear labels, and the positions established by this measure, will help educate and inform consumers that certain wipes should not be flushed, thereby reducing damage to wastewater systems.  This measure establishes label requirements on manufacturers of disposable wipes to protect municipal wastewater infrastructure and minimize sewage spills from clogged systems.

     As affirmed by the records of votes of the members of your Committees on Commerce and Consumer Protection and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 918, H.D. 2, S.D. 1, and recommend that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committees on Commerce and Consumer Protection and Ways and Means,

STAND. COM. REP. NO. 1236

Honolulu, Hawaii

RE:    H.B. No. 918

       H.D. 2

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committees on Health and Human Services and Agriculture and Environment, to which was referred H.B. No. 918, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO LABELING,"

beg leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish labeling requirements for certain premoistened nonwoven disposable wipes; and

     (2)  Require certain manufacturers of covered products to submit for approval their "DO NOT FLUSH" label notices and symbols to the United States Environmental Protection Agency by January 1, 2026.

     Your Committees received testimony in support of this measure from the Department of Environmental Management of the County of Hawaiʻi, Hawaiʻi Association of REALTORS, Hawaiʻi Reef and Ocean Coalition, Environmental Caucus of the Democratic Party of Hawaiʻi, and three individuals.

     Your Committees received testimony in opposition to this measure from the Retail Merchants of Hawaii.

     Your Committees received comments on this measure from the Department of Health, Household & Commercial Products Association, and Association of Nonwoven Fabrics Industry.

     Your Committees find that disposable wipes are a significant and growing problem for wastewater treatment facilities in the State.  Your Committees further find that despite being labeled as "flushable" or "disposable", many wipe products do not break down as easily as toilet paper, leading to clogs and significant damage to plumbing systems or sewer infrastructure.  By imposing labeling standards and requirements on manufacturers of disposable wipes, this measure minimizes the frequency and severity of wastewater equipment blockages and protects the State's wastewater infrastructure. 

     Your Committees have amended this measure by:

     (1)  Extending the timeframe by which certain covered product manufacturers' symbol and label notice approved by the United States Environmental Protection Agency shall be in use, from six months to eighteen months after the approval;

     (2)  Inserting a new section to appropriate an unspecified amount for the fiscal biennium for the establishment of two full-time equivalent (2.0 FTE) positions within the Department of Health for inspection and enforcement and education and outreach;

     (3)  Inserting an effective date of December 31, 2050, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Health and Human Services and Agriculture and Environment that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 918, H.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 918, H.D. 2, S.D. 1, and be referred to your Committees on Commerce and Consumer Protection and Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Health and Human Services and Agriculture and Environment,

STAND. COM. REP. NO.  1058

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 918

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 918, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LABELING,"

begs leave to report as follows:

     The purpose of this measure is to establish labeling requirements for certain premoistened nonwoven disposable wipes.

     Your Committee received testimony in support of this measure from the Department of Environmental Management of the County of Hawaiʻi; Hawaiʻi Association of REALTORS; and Hawaiʻi Reef and Ocean Coalition.  Your Committee received comments on this measure from the Department of Health; Retail Merchants of Hawaii; and Household & Commercial Products Association.

     Your Committee finds that the accumulation of disposable wipes, even those labeled as "flushable", in wastewater treatment systems is a major contributor to blockages in sewer systems.  This can lead to sewage spills, increased maintenance costs, and environmental hazards.  This measure would establish clear labeling requirements for non-flushable wipes and impose civil penalties to ensure compliance by manufacturers and retailers.

     Your Committee has amended this measure by:

     (1)  Removing the Department of Health from language relating to the registration and approval of manufacturers of covered products by the United States Environmental Protection Agency;

     (2)  Deleting language that would have established penalties under this measure; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 918, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 918, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  432

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 918

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Consumer Protection & Commerce, to which was referred H.B. No. 918 entitled:

"A BILL FOR AN ACT RELATING TO LABELING,"

begs leave to report as follows:

     The purpose of this measure is to establish labeling requirements for certain premoistened nonwoven disposable wipes.

     Your Committee received testimony in support of this measure from the Office of the Mayor of the County of Maui; Department of Environmental Services of the City and County of Honolulu; Department of Environmental Management of the County of Hawaiʻi; INDA, Association of the Nonwoven Fabrics Industry; and Hawaiʻi Association of REALTORS.  Your Committee received comments on this measure from the Department of Health; Department of Agriculture; and Retail Merchants of Hawaii.

     Your Committee finds that wipes made from synthetic materials do not break down when they become wet.  As a result, these wipes cause clogs or blockages in pipes and pumps, leading to sewage spills.  This increases maintenance costs, reduces the efficiency of wastewater treatment facilities, and poses a health and safety risk to workers and residents.  This measure is intended to raise public awareness and encourage responsible disposal of wipes by establishing labeling requirements for premoistened nonwoven disposable wipes.

     Your Committee has amended this measure by:

     (1)  Moving the statutory language and the regulation of the labeling requirements under jurisdiction of the Department of Health;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     Your Committee notes that, as this measure advances through the legislative process, that consideration be given for making the labeling requirements effective on July 1, 2026.  Your Committee further notes that written testimony received by your Committee has suggested an alternative implementation strategy, using Oregon as a model.  Your Committee respectfully requests your Committee on Judiciary & Hawaiian Affairs, should it deliberate on this measure, to give due consideration to this suggestion.

     As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 918, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 918, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Consumer Protection & Commerce,