SENATE COMMERCE COMMITTEE

STATEMENT TO

SENATE COMMITTEE SUBSTITUTE FOR

SENATE, Nos. 3632 and 3649

STATE OF NEW JERSEY

DATED:  MAY 15, 2023

     The Senate Commerce Committee reports favorably the Senate Committee Substitute for Senate Bill Nos. 3632 and 3649.

     This bill requires non-flushable disposable wipes to be labeled, and prohibits the sale, offering for sale, or distribution for sale of these products without “Do Not Flush” labeling.  The bill defines a “non-flushable disposable wipe product” to mean (1) a pre-moistened nonwoven disposable wipe marketed as a baby wipe; or (2) a pre-moistened nonwoven disposable wipe that is composed partly or entirely of petrochemical-derived fibers which may reasonably be used in a bathroom and which are to include, but not be limited to, baby wipes, bathroom cleaning wipes, toilet cleaning wipes, hard surface cleaning wipes, disinfecting wipes, hand sanitizing  and other 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.  Any non-flushable disposable wipe product sold, offered for sale, or distributed for sale in this State would be required to have a “Do Not Flush” logo on the product packaging in accordance with the provisions of this bill. 

     The Department of Environmental Protection and the Division of Consumer Affairs in the Department of Law and Public Safety are to enforce the bill’s provisions.  The bill would not apply to media advertisements or retailers who sell non-flushable disposable wipe products that are not properly labeled.

     Violations of the bill’s provisions would be subject to a civil penalty of up to $5,000 for each offense.  Each day during which a nonwoven disposable product is sold, offered for sale, or distributed in violation of the bill’s provisions would constitute a separate offense.