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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    "Jurisdictional wastewater authority" means a sanitary
15district, water reclamation district, municipality, county, or
16other unit of local government in this State responsible for
17the collection or treatment of wastewater.
18    "Label" means to represent by statement, word, picture,
19design, or emblem on a covered product package.
20    "Label notice" means the phrase "Do Not Flush" in a size
21equal to at least 2% of the surface area of the principal
22display panel. For covered products regulated pursuant to the
23Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) by
24the United States Consumer Product Safety Commission under
25Section 1500.121 of Title 16 of the Code of Federal
26Regulations, if the label notice requirements in this



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1paragraph would result in a type size larger than first aid
2instructions pursuant to the Federal Hazardous Substances Act,
3then the type size for the label notice shall, to the extent
4permitted by federal law, be equal to or greater than the type
5size required for the first aid instructions. For covered
6products required to be registered by the United States
7Environmental Protection Agency under the Federal Insecticide,
8Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), if the
9label notice requirements in this paragraph would result in a
10type size on the principal display panel larger than a warning
11pursuant to the Federal Insecticide, Fungicide, and
12Rodenticide Act, then the type size for the label notice
13shall, to the extent permitted by federal law, be equal to or
14greater than the type size required for the "Keep Out of Reach
15of Children" statement under 40 CFR 156.66.
16    "Principal display panel" means the side of the product
17package that is most likely to be displayed, presented, or
18shown under customary conditions of display for retail sale.
19In the case of a cylindrical or nearly cylindrical package,
20the surface area of the principal display panel constitutes
2140% of the product package as measured by multiplying the
22height of the container by the circumference. In the case of a
23flexible film package in which a rectangular prism or nearly
24rectangular prism stack of wipes is housed within the film,
25the surface area of the principal display panel is measured by
26multiplying the length by the width of the side of the package



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



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



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1        (4) In the case of packaging not intended to dispense
2    individual wipes, a covered entity shall place the symbol
3    and label notice on the principal display panel in a
4    prominent and reasonably visible location.
5        (5) A covered entity shall ensure that the packaging
6    seams, folds, or other package design elements do not
7    obscure the symbol or the label notice.
8        (6) A covered entity shall ensure that the symbol and
9    label notice have sufficiently high contrast with the
10    immediate background of the packaging to render it likely
11    to be seen and read by the ordinary individual under
12    customary conditions of purchase and use.
13    (b) For covered products sold in bulk at retail, both the
14outer package visible at retail and the individual packages
15contained within shall comply with the labeling requirements
16in subsection (a) applicable to the particular packaging
17types, except the following:
18        (1) Individual packages contained within the outer
19    package that are not intended to dispense individual wipes
20    and contain no retail labeling.
21        (2) Outer packages that do not obscure the symbol and
22    label notice on individual packages contained within.
23    (c) If a covered product is provided within the same
24packaging as another consumer product for use in combination
25with the other consumer product, the outside retail packaging
26of the other consumer product does not need to comply with the



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1labeling requirements of subsection (a).
2    (d) If a covered product is provided within the same
3package as another consumer product for use in combination
4with the other product and is in a package smaller than 3
5inches by 3 inches, the covered entity of the covered product
6may comply with the requirements of subsection (a) by placing
7the symbol and label notice in a prominent location reasonably
8visible to the user of the covered product.
9    (e) A covered entity, directly or through a corporation,
10partnership, subsidiary, division, trade name, or association
11in connection to the manufacturing, labeling, packaging,
12advertising, promotion, offering for sale, sale, or
13distribution of a covered product, shall not make any
14representation, in any manner, expressly or by implication,
15including through the use of a product name, endorsement,
16depiction, illustration, trademark, or trade name, about the
17flushable attributes, flushable benefits, flushable
18performance, or flushable efficacy of a covered product.
19    (f) If a covered product is required to be registered by
20the United States Environmental Protection Agency under the
21Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
22136 et seq.) and the Illinois Department of Agriculture under
23the Illinois Pesticide Act, then the covered entity shall
24submit a label compliant with the labeling requirements of
25subsection (a) no later than July 1, 2023 to the United States
26Environmental Protection Agency.



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1    If the United States Environmental Protection Agency or
2the Illinois Department of Agriculture does not approve a
3product label that otherwise complies with the labeling
4requirements of subsection (a), the covered entity shall use a
5label with as many of the requirements of this Section as the
6relevant agency has approved.
7    (g) A covered entity may include on a covered product
8words or phrases in addition to those required for the label
9notice if the words or phrases are consistent with the
10purposes of this Section.
11    Section 20. Nonconfidential business information. Upon a
12request by a jurisdictional wastewater authority, a covered
13entity must submit to the requesting entity, within 90 days
14after the request, nonconfidential business information and
15documentation demonstrating compliance with this Act in a
16format that is easy to understand.
17    Section 25. Jurisdictional wastewater authority; authority
18to enforce; civil penalties.
19    (a) Jurisdictional wastewater authorities have the
20concurrent and exclusive authority to enforce this Act and to
21collect civil penalties for violations of this Act, subject to
22the conditions in this Section. A jurisdictional wastewater
23authority may impose a civil penalty in the amount of up to
24$2,000 for the first violation of this Act, up to $5,000 for



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1the second violation, and up to $10,000 for the third and any
2subsequent violation. If a covered entity has paid a prior
3penalty for the same violation to a different jurisdictional
4wastewater authority with enforcement authority under this
5Section, the penalty imposed by a jurisdictional wastewater
6authority shall be reduced by the amount of the payment.
7    (b) Any civil penalties collected pursuant to this Section
8must be paid to the enforcing jurisdictional wastewater
9authority that brought the action.
10    (c) The remedies provided by this Section are not
11exclusive and are in addition to the remedies that may be
12available under relevant consumer protection laws, if
14    (d) In addition to penalties recovered under this Section,
15the enforcing jurisdictional wastewater authority may recover
16reasonable enforcement costs and attorneys' fees from the
17liable covered entity.
18    Section 30. Noncompliant covered entities. Covered
19entities that violate the requirements of this Act are subject
20to the civil penalties described in Section 25. A specific
21violation is deemed to have occurred upon the sale of a
22noncompliant product package. The sale of multiple units of
23the same noncompliant product package is considered part of
24the same, single violation. A jurisdictional wastewater
25authority must send a written notice of an alleged violation



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1and a copy of the requirements of this Act to a noncompliant
2covered entity, which will have 90 days to become compliant. A
3jurisdictional wastewater authority may assess a first penalty
4if the covered entity has not met the requirements of this Act
590 days after the date the notification was sent. A
6jurisdictional wastewater authority may impose a second,
7third, and subsequent penalty on a covered entity that remains
8noncompliant with the requirements of this Act for every month
9of noncompliance.
10    Section 35. Home rule. A home rule unit may not regulate
11the labeling of covered products in a manner inconsistent with
12the regulation by the State of the labeling of covered
13products under this Act. This Section is a limitation under
14subsection (i) of Section 6 of Article VII of the Illinois
15Constitution on the concurrent exercise by home rule units of
16powers and functions exercised by the State.
17    Section 97. Severability. The provisions of this Act are
18severable under Section 1.31 of the Statute on Statutes.
19    Section 99. Effective date. This Act takes effect July 1,