2409.1 Notwithstanding any other provision of this chapter, a manufacturer who fails to comply with the flushability performance specifications in § 2402 in either of the subsequent annual verification testing periods specified in Subsection 2405.4 must provide notice of such failure to the Director by electronic mail ( wipes.doe@dc.gov) within ten (10) days of the manufacturer's receipt of the failing result. As long as such notice is provided, the manufacturer may continue to sell in the District any noncompliant product already produced. However, the manufacturer shall, within one hundred twenty (120) days of the manufacturer's receipt of a failing result, either (1) cure the defect and provide updated certifications required by § 2405 or (2) cease distributing (after the one hundred twenty (120)-day grace period) the non-conforming product within the District of Columbia until such time as the product passes the flushability performance specifications in § 2402.

2409.2 If District testing finds that a certified product does not satisfy one of the tests required by § 2402, the District shall present its test results to the manufacturer of the certified product, and the manufacturer may contest such result with its own data showing that the certified product passes the relevant test.

2409.3 If, within sixty (60) days after receipt of the District's test result showing that a certified product does not satisfy one of the requirements of § 2402, the manufacturer fails to provide the District with its own data showing that the certified product passes the relevant test, the manufacturer shall be subject to enforcement action under § 2408.

2409.4 If the District and the manufacturer cannot resolve inconsistent testing results, the manufacturer shall submit the certified product to an independent testing organization within sixty (60) days after notification from the District for independent testing in accordance with the procedures set forth in §§ 2403–2404.

2409.5 If the independent testing organization finds that the certified product does not pass the relevant test, then the manufacturer shall have eight (8) weeks to come into compliance with the requirements of this chapter. If, at the conclusion of the eight (8) weeks, the manufacturer has failed to come into compliance, the manufacturer shall be subject to enforcement action under § 2408.

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