An Act Regarding the Packaging and Labeling of Disposable Cleaning and Personal Hygiene Products
Maine Legislature, Session 127, LD 0397
Committee: Environment and Natural Resources
Sponsors: COOPER, BREEN, CAMPBELL, GRANT, SHAW, WELSH, GRATWICK
Amends: 38 MRSA §1611

Legislative Document 
No. 397 
H.P. 263 
House of Representatives, February 12, 2015 
An Act Regarding the Packaging and Labeling of Disposable 
Cleaning and Personal Hygiene Products 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative COOPER of Yarmouth. 
Cosponsored by Senator BREEN of Cumberland and 
Representatives: CAMPBELL of Orrington, GRANT of Gardiner, SHAW of Standish, 
WELSH of Rockport, Senator: GRATWICK of Penobscot. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  38 MRSA §1611 is enacted to read: 
§1611.  Disposable cleaning or personal hygiene products 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Disposable cleaning or personal hygiene product" means an item intended for 
residential or commercial use as a disposable cleaning or disinfecting wipe, a baby 
wipe or other disposable moist towelette or any other item designated by the 
department by rule pursuant to subsection 4. 
B.  "Flushable" means, with regard to a product, that it is able to pass through toilets 
and properly maintained drainable pipe systems under expected product usage 
conditions; is compatible with wastewater conveyance, treatment, reuse and disposal 
systems; and becomes unrecognizable in a wastewater conveyance, treatment, reuse 
and disposal system in a reasonable period of time and is safe in the natural receiving 
environment. 
2.  Packaging and labeling.  A person may not package or label a disposable 
cleaning or personal hygiene product for distribution or sale in the State in a package or 
with a label that states the product is flushable and safe for sewer and septic systems 
unless: 
A.  The package or label states in a highly visible manner that the product is flushable 
and safe for sewer and septic systems; 
B.  The person makes available to the department and maintains written 
documentation of testing substantiating 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 on June 1, 2013; and 
C.  The testing under paragraph B has been performed by a laboratory that is capable 
of performing and qualified to perform the testing as determined by rule adopted by 
the department pursuant to subsection 4. 
A person may not package or label a disposable cleaning or personal hygiene product for 
distribution or sale in the State that is not flushable or safe for sewer and septic systems 
unless the package or label on the product states in a highly visible manner that the 
product is not flushable or safe for sewer or septic systems. 
3.  Exemptions.  This section does not apply to: 
A.  A wholesaler or retailer that distributes or sells but does not package or label 
disposable cleaning or personal hygiene products; or 
B.  Liquid, gel or powder cleaning products or septic treatment products. 
4.  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. 
This section is effective January 1, 2016. 
SUMMARY 
This bill provides that, effective January 1, 2016, a person may not package or label a 
disposable cleaning or personal hygiene product for distribution or sale in the State in a 
package or with a label that states the product is flushable and safe for sewer and septic 
systems unless the package or label states in a highly visible manner that the product is 
flushable and safe for sewer and septic systems; the person makes available to the 
Department of Environmental Protection and maintains written documentation of testing 
substantiating 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 on June 1, 
2013; and this testing has been performed by a laboratory that is capable of performing 
and qualified to perform the testing.  The bill also provides that a person may not package 
or label a disposable cleaning or personal hygiene product for distribution or sale in the 
State that is not flushable or safe for sewer and septic systems unless the package or label 
on the product states in a highly visible manner that the product is not flushable or safe 
for sewer or septic systems.  These requirements do not apply to a wholesaler or retailer 
that distributes or sells but does not package or label disposable cleaning or personal 
hygiene products or to liquid, gel or powder cleaning products or septic treatment 
products.  The bill directs the department to adopt rules to implement these provisions.