WA’s disposable wipes labeling law updated to align with federal requirements

Bulletin readers may remember all the way back in 2020 when the Legislature acted to address the problem of disposable wipes wreaking havoc for sewer systems across the state. AWC wrote about the legislation here.

Under that legislation, the packaging for disposable wipes must be labeled clearly and conspicuously with a “Do Not Flush” label that meets several specifications. The labeling requirements took effect for most non-flushable, non-woven disposable wipes last July. However, some non-flushable, non-woven disposable wipes are required to be registered by the Environmental Protection Agency (EPA) under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The requirements for those are set to take effect July of this year.

Since enactment of the Washington law, a discrepancy has been identified: the timing of the law is misaligned to federal law and, as a result, is unenforceable. A stakeholder group including city leaders has been working to fix the issue. The result is HB 1213, introduced this year by Rep. Alex Ybarra (R–Quincy). The bill amends current law by:

• Eliminating the 2023 deadline for products subject to the labeling requirements of the FIFRA to also meet labeling requirements for non-flushable, non-woven disposable wipes.
• Instituting a process whereby FIFRA regulated wipes must achieve compliance with labeling requirements by the later of 2025 or 24 months after a product receives label approval under FIFRA from EPA.
• Clarifying that non-flushable, nonwoven disposable wipes manufactured prior to July 1, 2022, may be sold if the product is labeled consistent with requirements.

The bill contains an emergency clause and takes effect immediately upon enactment.

HB 1213 has moved quickly through the Legislature. It has passed the House Chamber and has been referred to the Senate Environment, Energy & Technology Committee.