25-18.9-104. Labeling requirements - exceptions. (1) Except as provided in subsections (2), (3), (4), and (6) of this section, a covered product manufactured on or after December 31, 2023, shall be labeled clearly in adherence to the following requirements:
(a) For cylindrical or near cylindrical packaging intended to dispense individual wipes, a covered entity shall:
(I) Place the symbol and label notice on the principal display panel in a location reasonably viewable each time a wipe is dispensed; or
(II) Place the symbol on the principal display panel and either the symbol or label notice, or the symbol and label notice in combination, on the flip lid, subject to the following:
(A) If the label notice does not appear on the flip lid, the label notice shall be placed on the principal display panel;
(B) The symbol or label notice, or the symbol and label notice in combination, on the flip lid may be embossed, and in that case are not required to comply with subsection (1)(f) of this section; and
(C) The symbol or label notice, or the symbol and label notice in combination, on the flip lid must cover a minimum of eight percent of the surface area of the flip lid.
(b) (I) For flexible film packaging intended to dispense individual wipes, a covered entity shall:
(A) Place the symbol on both the principal display panel and the dispensing side panel; and
(B) 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 wipe is dispensed.
(II) If the principal display panel is on the dispensing side of the package, two symbols are not required.
(c) For refillable tubs or other rigid packaging intended to dispense individual wipes and be reused by the consumer for that purpose, a covered entity shall place the symbol and label notice on the principal display panel in a prominent location reasonably visible to the user each time a wipe is dispensed.
(d) For packaging not intended to dispense individual wipes, a covered entity shall place the symbol and label notice on the principal display panel in a prominent and reasonably visible location.
(e) A covered entity shall ensure that the packaging seams, folds, or other package design elements do not obscure the symbol or the label notice.
(f) A covered entity shall ensure that the symbol and label notice have sufficiently high contrast with the immediate background of the packaging to render the symbol and label notice likely to be seen and read by an ordinary individual under customary conditions of purchase and use.
(2) For covered products sold in bulk at retail, both the outer package visible at retail and the individual packages contained within must comply with the labeling requirements in this section applicable to the particular packaging types, except for:
(a) Individual packages contained within the outer package that are not intended to dispense individual wipes and contain no retail labeling; and
(2) For covered products sold in bulk at retail, both the outer package visible at retail and the individual packages contained within must comply with the labeling requirements in this section applicable to the particular packaging types, except for:
(a) Individual packages contained within the outer package that are not intended to dispense individual wipes and contain no retail labeling; and
(b) Outer packages that do not obscure the symbol and label notice on individual packages contained within.
(3) If a covered product is provided within the same packaging as another consumer product for use in combination with the other consumer product, the outside retail packaging of the other consumer product does not need to comply with the labeling requirements of subsection (1) of this section.
(4) If a covered 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, the covered entity responsible for the labeling or packaging of the covered product may comply with the requirements of subsection (1) of this section by placing the symbol and label notice in a prominent location reasonably visible to the user of the covered product.
(5) A covered entity, directly or through a corporation, partnership, subsidiary, division, trade name, or association in connection with the manufacturing, labeling, packaging, advertising, promotion, offering for sale, sale, or distribution of a covered product, 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 of a covered product.
(6) (a) If a covered product is 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, and, to the extent not preempted by 7 U.S.C. sec. 136v (b), by the Colorado department of agriculture under the "Pesticide Act", article 9 of title 35, then the covered entity, to the extent permitted under federal law, shall submit a label compliant with the labeling requirements of this section no later than December 31, 2023, to the federal environmental protection agency and, upon its approval, to the department of agriculture, which shall review the label of the covered product in the manner authorized under the "Pesticide Act", article 9 of title 35, and administrative rules adopted under the "Pesticide Act", article 9 of title 35.
(b) If the federal environmental protection agency or the Colorado department of agriculture does not approve a product label that otherwise complies with the labeling requirements of this section, the covered entity shall use a label that complies with as many of the requirements of this section as the relevant agency has approved.
(7) A covered entity may include on a covered product words or phrases in addition to those required for the label notice if the words or phrases are consistent with the purposes of this section.
