49650. For purposes of this part, the following definitions apply:
(a) “Covered entity” means the manufacturer of a covered product that is sold in the state or offered for sale in the state. “Covered entity” includes a wholesaler, supplier, or retailer that is responsible for the labeling or packaging of a covered product.
(b) “Covered product” means a consumer product sold in the state or offered for sale in the state that is either of the following:
(1) A premoistened nonwoven disposable wipe marketed as a baby wipe or diapering wipe.
(2) A premoistened nonwoven disposable wipe that is both of the following:
(A) Composed entirely of or in part of petrochemical-derived fibers.
(B) Likely to be used in a bathroom and has significant potential to be flushed, including baby wipes, bathroom cleaning wipes, toilet cleaning wipes, hard surface cleaning wipes, disinfecting wipes, hand sanitizing wipes, antibacterial wipes, facial and makeup removal wipes, general purpose cleaning wipes, personal care wipes for use on the body, feminine hygiene wipes, adult incontinence wipes, adult hygiene wipes, and body cleansing wipes.
(c) “High contrast” means satisfying both of the following conditions:
(1) Is provided by either a light symbol on a solid dark background or a dark symbol on a solid light background.
(2) Has at least 70 percent contrast between the symbol artwork and background using the following formula:
(A) (B1 – B2) / B1 * 100 = contrast percentage.
(B) B1 = the light reflectance value of the lighter area and B2 = the light reflectance value of the darker area.
(d) (1) “Label notice” means the phrase “Do Not Flush” and the size of the label notice shall be equal to at least 2 percent of the surface area of the principal display panel in size.
(2) For covered products regulated pursuant to the Federal Hazardous Substances Act (15 U.S.C. Sec. 1261 et seq.) by the United States Consumer Product Safety Commission under Section 1500.121 of Title 16 of the Code of Federal Regulations, if the label notice requirements in paragraph (1) would result in a type size larger than first aid instructions pursuant to the Federal Hazardous Substances Act, the type size for the label notice shall, to the extent permitted by federal law, be equal to or greater than the type size required for the first aid instructions.
(3) For covered products required to be registered by the United States Environmental Protection Agency under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.), if the label notice requirements in paragraph (1) would result in a type size on the principal display panel larger than a warning pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, the type size for the label notice shall, to the extent permitted by federal law, be equal to or greater than the type size required for the “keep out of reach of children” statement under the Federal Insecticide, Fungicide, and Rodenticide Act.
(e) (1) “Principal display panel” means the side of the product package that is most likely to be displayed, presented, or shown under customary conditions of display for retail sale.
(2) In the case of a cylindrical or nearly cylindrical package, the surface area of the principal display panel constitutes 40 percent of the product package as measured by multiplying the height of the container by the circumference.
(3) 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 is measured by multiplying the length 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.
(f) “Symbol” means the “Do Not Flush” symbol, or a gender equivalent thereof, as depicted in the INDA/EDANA Code of Practice Second Edition and published within “Guidelines for Assessing the Flushability of Disposable Nonwoven Products,” Edition 4, May 2018. The symbol shall be sized equal to at least 2 percent of the surface area of the principal display panel, except as specified in clause (iii) of subparagraph (B) of paragraph (1) of subdivision (a) of Section 49651.
(Added by Stats. 2021, Ch. 590, Sec. 2. (AB 818) Effective January 1, 2022.)