Colorado § 25-18.9-102 - Definitions.

§ 25-18.9-102. Definitions.

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).

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