(1) A covered entity must clearly and conspicuously label a package containing a covered product as "do not flush" as follows:

(a) Use the "do not flush" symbol, or a gender equivalent thereof, described in the INDA/EDANA code of practice 2 (COP2, as published in "Guidelines for Assessing the Flushability of Disposable Nonwoven Products," Edition 4, May 2018, by INDA/EDANA);

(b) Place the symbol on the principal display panel in a prominent and reasonably visible location on the package which, in the case of packaging intended to dispense individual wipes, is permanently affixed in a location that is visible to a person each time a wipe is dispensed from the package;

(c) Size the symbol to cover at least two percent of the surface area of the principal display panel on which the symbol is presented;

(d) Ensure the symbol is not obscured by packaging seams, folds, or other package design elements;

(e) Ensure the symbol has sufficiently high contrast with the immediate background of the packaging to render it likely to be read by the ordinary individual under customary conditions of purchase and use. In the case of a printed symbol, "high contrast" is defined as follows:

(i) Provided with either a light symbol on a dark background or a dark symbol on a light background; and

(ii) A minimum level or percentage of contrast between the symbol artwork and the background of at least 70 percent. Contrast in percent is determined by:

(A) Contrast = (B1 - B2) x 100 / B1; and

(B) Where B1 = light reflectance value of the lighter area and B2 = light reflectance value of the darker area ; and

(2) Beginning January 1, 2023, no package containing a covered product manufactured on or before July 1, 2022, may be offered for distribution or sale in the state unless the covered product is labeled consistent with the requirements of subsection (1) of this section.

Effective date—2023 c 172: See note following RCW 70A.525.901.