An Act To Establish Flushability Standards for Consumer Products Advertised as Flushable
Maine Legislature, Session 125, LD 0781
Committee: Environment and Natural Resources
Sponsors: WALSH INNES, AYOTTE, CHIPMAN, EVES, MARTIN, THERIAULT, TILTON, WILLETTE
Amends: 38 MRSA §1611

Legislative Document 
No. 781 
H.P. 588 
House of Representatives, March 1, 2011 
An Act To Establish Flushability Standards for Consumer Products 
Advertised as Flushable 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative WALSH INNES of Yarmouth. 
Cosponsored by Representatives: AYOTTE of Caswell, CHIPMAN of Portland, EVES of 
North Berwick, MARTIN of Eagle Lake, THERIAULT of Madawaska, TILTON of 
Harrington, WILLETTE of Presque Isle. 
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.