Illinois General Assembly - Full Text of SB0294
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Full Text of SB0294  102nd General Assembly




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1    AN ACT concerning safety.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
16        (2) a wholesaler, supplier, or retailer that is
17    responsible for the labeling or packaging of a covered
18    product.
19    "Covered product" means a consumer product sold or offered
20for sale in the State that is either of the following:
21        (1) A premoistened nonwoven disposable wipe marketed
22    as a baby wipe or diapering wipe.



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1        (2) A premoistened nonwoven disposable wipe that is
2    both of the following:
3            (A) Composed entirely of or in part of
4        petrochemical-derived fibers.
5            (B) Likely to be used in a bathroom and has
6        significant potential to be flushed, including baby
7        wipes, bathroom cleaning wipes, toilet cleaning wipes,
8        hard surface cleaning wipes, disinfecting wipes, hand
9        sanitizing wipes, antibacterial wipes, facial and
10        makeup removal wipes, general purpose cleaning wipes,
11        personal care wipes for use on the body, feminine
12        hygiene wipes, adult incontinence wipes, adult hygiene
13        wipes, and body cleansing wipes.
14    "High contrast" means:
15        (1) provided by either a light symbol on a solid dark
16    background or a dark symbol on a solid light background;
17    and
18        (2) having at least 70% contrast between the symbol
19    artwork and background using the formula [(B1 - B2) / B1] *
20    100, where B1 is the light reflectance value of the
21    relatively lighter area and B2 is the light reflectance
22    value of the relatively darker area.
23    "Jurisdictional wastewater authority" means a sanitary
24district, water reclamation district, municipality, county, or
25other unit of local government in this State responsible for
26the collection or treatment of wastewater.



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



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1shown under customary conditions of display for retail sale.
2In the case of a cylindrical or nearly cylindrical package,
3the surface area of the principal display panel constitutes
440% of the product package as measured by multiplying the
5height of the container by the circumference. In the case of a
6flexible film package in which a rectangular prism or nearly
7rectangular prism stack of wipes is housed within the film,
8the surface area of the principal display panel is measured by
9multiplying the length by the width of the side of the package
10when the flexible packaging film is pressed flat against the
11stack of wipes on all sides of the stack.
12    "Symbol" means the "Do Not Flush" symbol, or a gender
13equivalent thereof, as depicted in the INDA/EDANA Code of
14Practice Second Edition and published within "Guidelines for
15Assessing the Flushability of Disposable Nonwoven Products,"
16Edition 4, May 2018. The symbol shall be sized equal to at
17least 2% of the surface area of the principal display panel,
18except as specified in subdivision (iii) of paragraph (B) of
19subsection (a) of Section 15.
20    Section 15. Labeling requirements.
21    (a) Except as provided in subsections (b), (c), (d), and
22(f), a covered product manufactured on or after July 1, 2022
23shall be labeled clearly and conspicuously in adherence to the
24following labeling requirements:
25        (1) In the case of cylindrical or near cylindrical



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



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



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



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1performance, or flushable efficacy of a covered product.
2    (f) If a covered product is required to be registered by
3the United States Environmental Protection Agency under the
4Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
5136 et seq.) and the Illinois Department of Agriculture under
6the Illinois Pesticide Act, then the covered entity shall
7submit a label compliant with the labeling requirements of
8subsection (a) no later than July 1, 2023 to the United States
9Environmental Protection Agency.
10    If the United States Environmental Protection Agency or
11the Illinois Department of Agriculture does not approve a
12product label that otherwise complies with the labeling
13requirements of subsection (a), the covered entity shall use a
14label with as many of the requirements of this Section as the
15relevant agency has approved.
16    (g) A covered entity may include on a covered product
17words or phrases in addition to those required for the label
18notice if the words or phrases are consistent with the
19purposes of this Section.
20    Section 20. Nonconfidential business information. Upon a
21request by a jurisdictional wastewater authority, a covered
22entity must submit to the requesting entity, within 90 days
23after the request, nonconfidential business information and
24documentation demonstrating compliance with this Act in a
25format that is easy to understand.



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1    Section 25. Jurisdictional wastewater authority; authority
2to enforce; civil penalties.
3    (a) Jurisdictional wastewater authorities have the
4concurrent and exclusive authority to enforce this Act and to
5collect civil penalties for violations of this Act, subject to
6the conditions in this Section. A jurisdictional wastewater
7authority may impose a civil penalty in the amount of up to
8$2,000 for the first violation of this Act, up to $5,000 for
9the second violation, and up to $10,000 for the third and any
10subsequent violation. If a covered entity has paid a prior
11penalty for the same violation to a different jurisdictional
12wastewater authority with enforcement authority under this
13Section, the penalty imposed by a jurisdictional wastewater
14authority shall be reduced by the amount of the payment.
15    (b) Any civil penalties collected pursuant to this Section
16must be paid to the enforcing jurisdictional wastewater
17authority that brought the action.
18    (c) The remedies provided by this Section are not
19exclusive and are in addition to the remedies that may be
20available under relevant consumer protection laws, if
22    (d) In addition to penalties recovered under this Section,
23the enforcing jurisdictional wastewater authority may recover
24reasonable enforcement costs and attorneys' fees from the
25liable covered entity.



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1    Section 30. Noncompliant covered entities. Covered
2entities that violate the requirements of this Act are subject
3to the civil penalties described in Section 25. A specific
4violation is deemed to have occurred upon the sale of a
5noncompliant product package. The sale of multiple units of
6the same noncompliant product package is considered part of
7the same, single violation. A jurisdictional wastewater
8authority must send a written notice of an alleged violation
9and a copy of the requirements of this Act to a noncompliant
10covered entity, which will have 90 days to become compliant. A
11jurisdictional wastewater authority may assess a first penalty
12if the covered entity has not met the requirements of this Act
1390 days after the date the notification was sent. A
14jurisdictional wastewater authority may impose a second,
15third, and subsequent penalty on a covered entity that remains
16noncompliant with the requirements of this Act for every month
17of noncompliance.
18    Section 35. Home rule. A home rule unit may not regulate
19the labeling of covered products in a manner inconsistent with
20the regulation by the State of the labeling of covered
21products under this Act. This Section is a limitation under
22subsection (i) of Section 6 of Article VII of the Illinois
23Constitution on the concurrent exercise by home rule units of
24powers and functions exercised by the State.



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1    Section 97. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
3    Section 99. Effective date. This Act takes effect July 1,