Sen. Cristina Castro

Filed: 4/9/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 294 by replacing
3everything after the enacting clause with the following:
4    "Section 1. Short title. This Act may be cited as the Wipes
5Labeling Act.
6    Section 5. Findings. The General Assembly finds that
7creating labeling standards for disposable wipes products will
8protect public health, the environment, water quality, and
9public infrastructure used for the collection, transport, and
10treatment of wastewater. It is not the intent of the General
11Assembly to address standards for flushability with this Act.
12    Section 10. Definitions. In this Act:
13    "Covered entity" means:
14        (1) the manufacturer of a covered product that is sold
15    or offered for sale in this State; and



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1        (2) a wholesaler, supplier, or retailer that is
2    responsible for the labeling or packaging of a covered
3    product.
4    "Covered product" means a consumer product sold or offered
5for sale in the State that is either of the following:
6        (1) A premoistened nonwoven disposable wipe marketed
7    as a baby wipe or diapering wipe.
8        (2) A premoistened nonwoven disposable wipe that is
9    both of the following:
10            (A) Composed entirely of or in part of
11        petrochemical-derived fibers.
12            (B) Likely to be used in a bathroom and has
13        significant potential to be flushed, including baby
14        wipes, bathroom cleaning wipes, toilet cleaning wipes,
15        hard surface cleaning wipes, disinfecting wipes, hand
16        sanitizing wipes, antibacterial wipes, facial and
17        makeup removal wipes, general purpose cleaning wipes,
18        personal care wipes for use on the body, feminine
19        hygiene wipes, adult incontinence wipes, adult hygiene
20        wipes, and body cleansing wipes.
21    "Jurisdictional wastewater authority" means a sanitary
22district, water reclamation district, municipality, county, or
23other unit of local government in this State responsible for
24the collection or treatment of wastewater.
25    "Label" means to represent by statement, word, picture,
26design, or emblem on a covered product package.



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1    "Label notice" means the phrase "Do Not Flush" in a size
2equal to at least 2% of the surface area of the principal
3display panel. For covered products regulated pursuant to the
4Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) by
5the United States Consumer Product Safety Commission under
6Section 1500.121 of Title 16 of the Code of Federal
7Regulations, if the label notice requirements in this
8paragraph would result in a type size larger than first aid
9instructions pursuant to the Federal Hazardous Substances Act,
10then the type size for the label notice shall, to the extent
11permitted by federal law, be equal to or greater than the type
12size required for the first aid instructions. For covered
13products required to be registered by the United States
14Environmental Protection Agency under the Federal Insecticide,
15Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), if the
16label notice requirements in this paragraph would result in a
17type size on the principal display panel larger than a warning
18pursuant to the Federal Insecticide, Fungicide, and
19Rodenticide Act, then the type size for the label notice
20shall, to the extent permitted by federal law, be equal to or
21greater than the type size required for the "Keep Out of Reach
22of Children" statement under 40 CFR 156.66.
23    "Principal display panel" means the side of the product
24package that is most likely to be displayed, presented, or
25shown under customary conditions of display for retail sale.
26In the case of a cylindrical or nearly cylindrical package,



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1the surface area of the principal display panel constitutes
240% of the product package as measured by multiplying the
3height of the container by the circumference. In the case of a
4flexible film package in which a rectangular prism or nearly
5rectangular prism stack of wipes is housed within the film,
6the surface area of the principal display panel is measured by
7multiplying the length by the width of the side of the package
8when the flexible packaging film is pressed flat against the
9stack of wipes on all sides of the stack.
10    "Symbol" means the "Do Not Flush" symbol, or a gender
11equivalent thereof, as depicted in the INDA/EDANA Code of
12Practice Second Edition and published within "Guidelines for
13Assessing the Flushability of Disposable Nonwoven Products,"
14Edition 4, May 2018. The symbol shall be sized equal to at
15least 2% of the surface area of the principal display panel,
16except as specified in subdivision (iii) of paragraph (B) of
17subsection (a) of Section 15.
18    Section 15. Labeling requirements.
19    (a) Except as provided in subsections (b), (c), (d), and
20(f), a covered product manufactured on or after July 1, 2022
21shall be labeled clearly and conspicuously in adherence to the
22following labeling requirements:
23        (1) In the case of cylindrical or near cylindrical
24    packaging intended to dispense individual wipes, a covered
25    entity shall comply with one of the following options:



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1            (A) Place the symbol and label notice on the
2        principal display panel in a location reasonably
3        viewable each time a wipe is dispensed.
4            (B) Place the symbol on the principal display
5        panel and either the symbol or label notice, or the
6        symbol and label notice in combination, on the flip
7        lid, subject to the following:
8                (i) If the label notice does not appear on the
9            flip lid, the label notice shall be placed on the
10            principal display panel.
11                (ii) The symbol or label notice, or the symbol
12            and label notice in combination, on the flip lid
13            may be embossed, and in that case are not required
14            to comply with paragraph (6).
15                (iii) The symbol or label notice, or the
16            symbol and label notice in combination, on the
17            flip lid shall cover a minimum of 8% of the surface
18            area of the flip lid.
19        (2) In the case of flexible film packaging intended to
20    dispense individual wipes, a covered entity shall place
21    the symbol on the principal display panel and dispensing
22    side panel and shall place the label notice on either the
23    principal display panel or dispensing side panel in a
24    prominent location reasonably visible to the user each
25    time a wipe is dispensed. If the principal display panel
26    is on the dispensing side of the package, 2 symbols are not



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1    required.
2        (3) In the case of refillable tubs or other rigid
3    packaging intended to dispense individual wipes and be
4    reused by the consumer for that purpose, a covered entity
5    shall place the symbol and label notice on the principal
6    display panel in a prominent location reasonably visible
7    to the user each time a wipe is dispensed.
8        (4) In the case of packaging not intended to dispense
9    individual wipes, a covered entity shall place the symbol
10    and label notice on the principal display panel in a
11    prominent and reasonably visible location.
12        (5) A covered entity shall ensure that the packaging
13    seams, folds, or other package design elements do not
14    obscure the symbol or the label notice.
15        (6) A covered entity shall ensure that the symbol and
16    label notice have sufficiently high contrast with the
17    immediate background of the packaging to render it likely
18    to be seen and read by the ordinary individual under
19    customary conditions of purchase and use.
20    (b) For covered products sold in bulk at retail, both the
21outer package visible at retail and the individual packages
22contained within shall comply with the labeling requirements
23in subsection (a) applicable to the particular packaging
24types, except the following:
25        (1) Individual packages contained within the outer
26    package that are not intended to dispense individual wipes



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1    and contain no retail labeling.
2        (2) Outer packages that do not obscure the symbol and
3    label notice on individual packages contained within.
4    (c) If a covered product is provided within the same
5packaging as another consumer product for use in combination
6with the other consumer product, the outside retail packaging
7of the other consumer product does not need to comply with the
8labeling requirements of subsection (a).
9    (d) If a covered product is provided within the same
10package as another consumer product for use in combination
11with the other product and is in a package smaller than 3
12inches by 3 inches, the covered entity of the covered product
13may comply with the requirements of subsection (a) by placing
14the symbol and label notice in a prominent location reasonably
15visible to the user of the covered product.
16    (e) A covered entity, directly or through a corporation,
17partnership, subsidiary, division, trade name, or association
18in connection to the manufacturing, labeling, packaging,
19advertising, promotion, offering for sale, sale, or
20distribution of a covered product, shall not make any
21representation, in any manner, expressly or by implication,
22including through the use of a product name, endorsement,
23depiction, illustration, trademark, or trade name, about the
24flushable attributes, flushable benefits, flushable
25performance, or flushable efficacy of a covered product.
26    (f) If a covered product is required to be registered by



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1the United States Environmental Protection Agency under the
2Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
3Sec. 136 et seq.) and the Illinois Department of Agricultural
4under the Illinois Pesticide Act, then the covered entity
5shall submit a label compliant with the labeling requirements
6of subsection (a) no later than July 1, 2023 to the United
7States Environmental Protection Agency.
8    If the United States Environmental Protection Agency or
9the Illinois Department of Agriculture does not approve a
10product label that otherwise complies with the labeling
11requirements of subsection (a), the covered entity shall use a
12label with as many of the requirements of this Section as the
13relevant agency has approved.
14    (g) A covered entity may include on a covered product
15words or phrases in addition to those required for the label
16notice if the words or phrases are consistent with the
17purposes of this Section.
18    Section 20. Nonconfidential business information. Upon a
19request by a jurisdictional wastewater authority, a covered
20entity must submit to the requesting entity, within 90 days
21after the request, nonconfidential business information and
22documentation demonstrating compliance with this Act in a
23format that is easy to understand.
24    Section 25. Jurisdictional wastewater authority; authority



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1to enforce; civil penalties.
2    (a) Jurisdictional wastewater authorities have the
3concurrent and exclusive authority to enforce this Act and to
4collect civil penalties for violations of this Act, subject to
5the conditions in this Section. A jurisdictional wastewater
6authority may impose a civil penalty in the amount of up to
7$2,000 for the first violation of this Act, up to $5,000 for
8the second violation, and up to $10,000 for the third and any
9subsequent violation. If a covered entity has paid a prior
10penalty for the same violation to a different jurisdictional
11wastewater authority with enforcement authority under this
12Section, the penalty imposed by a jurisdictional wastewater
13authority shall be reduced by the amount of the payment.
14    (b) Any civil penalties collected pursuant to this Section
15must be paid to the enforcing jurisdictional wastewater
16authority that brought the action.
17    (c) The remedies provided by this Section are not
18exclusive and are in addition to the remedies that may be
19available under relevant consumer protection laws, if
21    (d) In addition to penalties recovered under this Section,
22the enforcing jurisdictional wastewater authority may recover
23reasonable enforcement costs and attorneys' fees from the
24liable covered entity.
25    Section 30. Noncompliant covered entities. Covered



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1entities that violate the requirements of this Act are subject
2to the civil penalties described in Section 25. A specific
3violation is deemed to have occurred upon the sale of a
4noncompliant product package. The sale of multiple units of
5the same noncompliant product package is considered part of
6the same, single violation. A jurisdictional wastewater
7authority must send a written notice of an alleged violation
8and a copy of the requirements of this Act to a noncompliant
9covered entity, which will have 90 days to become compliant. A
10jurisdictional wastewater authority may assess a first penalty
11if the covered entity has not met the requirements of this Act
1290 days after the date the notification was sent. A
13jurisdictional wastewater authority may impose a second,
14third, and subsequent penalty on a covered entity that remains
15noncompliant with the requirements of this Act for every month
16of noncompliance.
17    Section 35. Home rule. A home rule unit may not regulate
18the labeling of covered products in a manner inconsistent with
19the regulation by the State of the labeling of covered
20products under this Act. This Section is a limitation under
21subsection (i) of Section 6 of Article VII of the Illinois
22Constitution on the concurrent exercise by home rule units of
23powers and functions exercised by the State.
24    Section 97. Severability. The provisions of this Act are



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1severable under Section 1.31 of the Statute on Statutes.
2    Section 99. Effective date. This Act takes effect July 1,