2407.1 A nonwoven disposable product that has not met the flushability requirements in § 2402 of these regulations shall be clearly and conspicuously labeled to communicate that the non-flushable nonwoven disposable product does not meet the standards set forth in § 2402 of these regulations, as follows:

(a) Except as provided in paragraphs (b), (c), (d), (e), and (f) of this subsection, a non-flushable nonwoven disposable product shall be labeled in accordance with the following label requirements:

(1) For cylindrical or near-cylindrical packaging intended to dispense individual products, a manufacturer shall comply with one (1) of the following options:

(A) Place a “Do Not Flush” symbol and Label Notice on the principal display panel in a location reasonably viewable each time a product is dispensed.

(B) Place a “Do Not Flush” symbol on the principal display panel, and either the “Do Not Flush” symbol or Label Notice, or the “Do Not Flush” symbol and Label Notice in combination, on the flip lid, subject to the following:

(i) If the Label Notice does not appear on the flip lid, the Label Notice shall be placed on the principal display panel.

(ii) The “Do Not Flush” symbol or Label Notice, or the “Do Not Flush” symbol and Label Notice in combination, on the flip lid may be embossed, and in that case are not required to comply with subparagraph (a)(6) of this section.

(iii) The “Do Not Flush” symbol or Label Notice, or the “Do Not Flush” symbol and Label Notice in combination, on the flip lid shall cover a minimum of eight percent (8%) of the surface area of the flip lid.

(2) For flexible film packaging intended to dispense individual

products, a manufacturer shall:

1. (A) Place the “Do Not Flush” symbol on the principal display panel and dispensing side panel and 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 product is dispensed;
2. (B) If the principal display panel is on the dispensing side of the package, two (2) symbols are not required; and
3. (C) For any flexible film packaging intended to dispense individual baby wipes, adhere to the requirements of this subsection and shall also place the “Do Not Flush” symbol or Label Notice on two (2) additional panels of the packaging except when the packaging is so small that inclusion of the “Do Not Flush” symbol or Label Notice on the two (2) additional panels is not practicable.(3) For refillable tubs or other rigid packaging intended to dispense individual products and be reused by the consumer for that purpose, a manufacturer shall:- (A) Place the “Do Not Flush” symbol and Label Notice on the principal display panel in a prominent location reasonably visible to the user each time a product is dispensed; and
4. (B) For any refillable tubs or other rigid packaging intended to dispense baby wipes and be reused by the consumer for that purpose, adhere to the requirements of this subsection and place the “Do Not Flush” symbol or Label Notice on two (2) additional panels of packaging except when the packaging is so small that inclusion of the “Do Not Flush” symbol or Label Notice on the two (2) additional panels is not practicable.(4) For packaging not intended to dispense individual products, a manufacturer shall place the “Do Not Flush” symbol and Label Notice on the principal display panel in a prominent and reasonably visible location.(5) A manufacturer shall ensure the packaging seams, folds, or other package design elements do not obscure the “Do Not Flush”

symbol or the Label Notice.

(6) A manufacturer shall ensure the “Do Not Flush” symbol and Label Notice have sufficiently high contrast, as defined in subsection 2405.3.

(b) For non-flushable nonwoven disposable products sold in bulk at retail, both the outer package visible at retail and the individual packages contained within shall comply with the labeling requirements in paragraph (a) applicable to the particular packaging types, except this requirement does not apply to:

(1) Individual packages contained within the outer package that are not intended to dispense individual products and contain no retail labeling; and

(2) Outer packages that do not obscure the “Do Not Flush” symbol and Label Notice on individual packages contained within.

(c) If a non-flushable nonwoven disposable wipes product is provided within the same packaging as another consumer product for use in combination with the other product, the outside retail packaging of the other consumer product does not need to comply with the labeling requirements of subsection (a) of this section.

(d) If a non-flushable nonwoven disposable 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 (3 x 3 in.), the manufacturer may comply with the requirements of subsection (a) of this section by placing the “Do Not Flush” symbol and Label Notice in a prominent location on the combined package that is reasonably visible to the user.

(e) Except as otherwise provided in this chapter, a manufacturer 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 (such as the term “Plumber Approved”) on the packaging of a non-flushable nonwoven disposable product.

(f) Compliance with United States Environmental Protection Agency (“EPA”) labeling requirements:

(1) If a non-flushable nonwoven disposable product is required to be registered by the EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. § 136 et seq.), the manufacturer shall submit a label compliant with the labeling requirements of paragraph (a) of this subsection no later than January 1, 2025, to the EPA.

(2) If the EPA does not approve a product label that otherwise complies with the labeling requirements of paragraph (a) of this subsection, the manufacturer shall use a label with as many of the requirements of this section as the EPA has approved.

(g) A manufacturer may include on a non-flushable nonwoven disposable product packaging words or phrases in addition to those required for the Label Notice so long as the words or phrases cannot be reasonably construed to imply that the product is flushable.

2407.2 The “Do Not Flush” symbol and Label Notice placed on non-flushable nonwoven disposable products as required in Subsection 2405.1 shall comply with the following standards:

(a) When a manufacturer is required to affix a “Do Not Flush” symbol to the packaging of a non-flushable nonwoven disposable product, the packaging shall include the Association of the Nonwoven Fabrics Industry (INDA) Code of Practice 2 (COP2) “Do Not Flush” symbol presented in Figure 1. The “Do Not Flush” symbol shall cover at least two percent (2%) of the surface area of the side of the package on which the logo is presented.

Figure 1

(b) When a manufacturer is required to affix a Label Notice to the packaging of non-flushable nonwoven disposable products, this shall mean the phrase “DO NOT FLUSH”. The Label Notice shall cover at least two percent (2%) of the surface area of the side of the package on which the Label Notice is presented.

2407.3 Any “Do Not Flush” symbol and Label Notice placed on packaging pursuant to the requirements of this Chapter shall have a sufficiently high contrast to the

background by meeting both of the following conditions:

(a) Using either a light symbol or text on a solid dark background or a dark symbol or text on a solid light background; and

(b) Having at least seventy percent (70%) contrast between the symbol artwork or text and the background using the following formula:

(B1 – B2) / B1 * 100 = contrast percentage where:

B1 = the light reflectance value of the lighter area;

B2 = the light reflectance value of the darker area.

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