2405.1 The tests required by § 2402 shall be performed by an independent testing organization.

2405.2 Beginning no later than eighteen (18) months after the effective date of these regulations, each manufacturer of a nonwoven disposable product for sale in the District of Columbia shall present the following information to the Director for any nonwoven disposable product that the manufacturer seeks to label as flushable:

(a) The test data documentation showing the results of the tests required by § 2402; and

(b) A certification signed by both the manufacturer and the independent testing organization that the product has passed the required tests.

The data and certification shall be sent to the Department by e-mail to wipes.doe@dc.gov or by mail to the Water Quality Division, Department of Energy and Environment, 1200 First Street N.E., 5th Floor, Washington, D.C. 20002.

2405.3 Eighteen (18) months after the effective date of this regulation, any manufacturer that has not already complied with Subsection 2405.2 shall provide the information required in Subsection 2405.2 to the Department prior to selling nonwoven disposable products labeled as flushable within the District of Columbia.

2405.4 Each manufacturer shall provide an annual update containing the information in Subsection 2405.2 for each of the next two (2) years following its initial certification. Such re-certifications shall be due in the same month as the original certification and submitted in the same manner provided for in Subsection 2405.2.

2405.5 A manufacturer that submits test results showing any three (3) years of compliance with the flushability requirement in its initial submission under Subsection 2405.2 is not subject to the additional two (2) years of verification testing in Subsection 2405.4.

SOURCE: Final Rulemaking published at 72 DCR 012739 (November 14, 2025).