(1) Except as provided in
subsections (2), (3), (4), and (6) of this section, a covered product manufactured on
or after December 31, 2023, shall be labeled clearly in adherence to the following
requirements:
(a) For cylindrical or near cylindrical packaging intended to dispense
individual wipes, a covered entity shall:
(I) Place the symbol and label notice on the principal display panel in a
location reasonably viewable each time a wipe is dispensed; or
(II) Place the symbol on the principal display panel and either the symbol or
label notice, or the symbol and label notice in combination, on the flip lid, subject to
the following:
(A) If the label notice does not appear on the flip lid, the label notice shall be
placed on the principal display panel;
(B) The symbol or label notice, or the symbol and label notice in combination,
on the flip lid may be embossed, and in that case are not required to comply with
subsection (1)(f) of this section; and
(C) The symbol or label notice, or the symbol and label notice in combination,
on the flip lid must cover a minimum of eight percent of the surface area of the flip
lid.
(b) (I) For flexible film packaging intended to dispense individual wipes, a
covered entity shall:
(A) Place the symbol on both the principal display panel and the dispensing
side panel; and
(B) Place the label notice on either the principal display panel or dispensing
side panel in a prominent location reasonably visible to the user each time a wipe is
dispensed.
(II) If the principal display panel is on the dispensing side of the package, two
symbols are not required.
(c) For refillable tubs or other rigid packaging intended to dispense
individual wipes and be reused by the consumer for that purpose, a covered entity
shall place the symbol and label notice on the principal display panel in a prominent
location reasonably visible to the user each time a wipe is dispensed.
(d) For packaging not intended to dispense individual wipes, a covered entity
shall place the symbol and label notice on the principal display panel in a prominent
and reasonably visible location.
(e) A covered entity shall ensure that the packaging seams, folds, or other
package design elements do not obscure the symbol or the label notice.
(f) A covered entity shall ensure that the symbol and label notice have
sufficiently high contrast with the immediate background of the packaging to
render the symbol and label notice likely to be seen and read by an ordinary
individual under customary conditions of purchase and use.
(2) For covered products sold in bulk at retail, both the outer package visible
at retail and the individual packages contained within must comply with the
labeling requirements in this section applicable to the particular packaging types,
except for:
(a) Individual packages contained within the outer package that are not
intended to dispense individual wipes and contain no retail labeling; and
(b) Outer packages that do not obscure the symbol and label notice on
individual packages contained within.
(3) If a covered product is provided within the same packaging as another
consumer product for use in combination with the other consumer product, the
outside retail packaging of the other consumer product does not need to comply
with the labeling requirements of subsection (1) of this section.
(4) If a covered product is provided within the same package as another
consumer product for use in combination with the other product and is in a package
smaller than three inches by three inches, the covered entity responsible for the
labeling or packaging of the covered product may comply with the requirements of
subsection (1) of this section by placing the symbol and label notice in a prominent
location reasonably visible to the user of the covered product.
(5) A covered entity, directly or through a corporation, partnership,
subsidiary, division, trade name, or association in connection with the
manufacturing, labeling, packaging, advertising, promotion, offering for sale, sale,
or distribution of a covered product, shall not make any representation, in any
manner, expressly or by implication, including through the use of a product name,
endorsement, depiction, illustration, trademark, or trade name, about the flushable
attributes, flushable benefits, flushable performance, or flushable efficacy of a
covered product.
(6) (a) If a covered product is 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, and, to the extent not
preempted by 7 U.S.C. sec. 136v (b), by the Colorado department of agriculture
under the Pesticide Act, article 9 of title 35, then the covered entity, to the extent
permitted under federal law, shall submit a label compliant with the labeling
requirements of this section no later than December 31, 2023, to the federal
environmental protection agency and, upon its approval, to the department of
agriculture, which shall review the label of the covered product in the manner
authorized under the Pesticide Act, article 9 of title 35, and administrative rules
adopted under the Pesticide Act, article 9 of title 35.
(b) If the federal environmental protection agency or the Colorado
department of agriculture does not approve a product label that otherwise
complies with the labeling requirements of this section, the covered entity shall use
a label that complies with as many of the requirements of this section as the
relevant agency has approved.
(7) A covered entity may include on a covered product words or phrases in
addition to those required for the label notice if the words or phrases are consistent
with the purposes of this section.