§ 25-18.9-102 — Definitions

Colorado § 25-18.9-102

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Disposable Wipes

Text

As used in this article 18.9:

(1) Covered entity means:

(a) The manufacturer of a covered product that is sold or offered for sale in
this state; and

(b) A wholesaler, supplier, or retailer that is responsible for the labeling or
packaging of a covered product.

(2) Covered product means a consumer product sold or offered for sale in
this state that is:

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

(b) A premoistened, nonwoven disposable wipe that is:

(I) Composed entirely of or in part of petrochemical-derived fibers; and

(II) Likely to be used in a bathroom with 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
cleansing wipes, 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.

(3) High contrast means:

(a) Tonal contrast that is shown by either a light symbol on a solid dark
background or a dark symbol on a solid light background; and

(b) Having at least seventy percent contrast between the symbol artwork
and background using the formula [(B1- B2) � B1] x 100, where:

(I) B1 is the light reflectance value of the relatively lighter area; and

(II) B2 is the light reflectance value of the relatively darker area.

(4) Label means a representation made by statement, word, picture,
design, or emblem on a covered product package, whether affixed to or written
directly on the package.

(5) Label notice means:

(a) The phrase Do Not Flush in a size equal to at least two percent of the
surface area of the principal display panel;

(b) For covered products regulated pursuant to the Federal Hazardous
Substances Act, 15 U.S.C. sec. 1261 et seq., as amended, by the federal consumer
product safety commission under 16 CFR 1500.121, that if at least two percent of
the surface area of the principal display panel would result in a type size larger
than first aid instructions pursuant to the Federal Hazardous Substances Act,
then, to the extent permitted by federal law, the phrase Do Not Flush in type size
equal to or greater than the type size required for the first aid instructions; and

(c) For covered products required to be registered by the federal
environmental protection agency under the Federal Insecticide, Fungicide, and
Rodenticide Act, 7 U.S.C. sec. 136 et seq., as amended, that if at least two percent
of the surface area of the principal display panel would result in a type size on the
principal display panel larger than a warning pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act, then, to the extent permitted by federal law, the
phrase Do Not Flush in a type size equal to or greater than the type size required
for the Keep Out of Reach of Children statement required under 40 CFR 156.66.

(6) Principal display panel means the side of a product package that is
most likely to be displayed, presented, or shown under customary conditions of
display for retail sale.

(7) Symbol means the Do Not Flush symbol, or a symbol that is
equivalent, 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, which is in a size equal to at least two percent of the
surface area of the principal display panel, except as specified in section 25-18.9-104 (1)(a)(II)(C).

Legislative History

Source: L. 2023: Entire article added, (SB 23-150), ch. 63, p. 223, � 1, effective August 7.