Rep. Daniel Didech

Filed: 5/5/2021





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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    "High contrast" means:
22        (1) provided by either a light symbol on a solid dark
23    background or a dark symbol on a solid light background;
24    and
25        (2) having at least 70% contrast between the symbol
26    artwork and background using the formula [(B1 - B2) / B1] *



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1    100, where B1 is the light reflectance value of the
2    relatively lighter area and B2 is the light reflectance
3    value of the relatively darker area.
4    "Jurisdictional wastewater authority" means a sanitary
5district, water reclamation district, municipality, county, or
6other unit of local government in this State responsible for
7the collection or treatment of wastewater.
8    "Label" means to represent by statement, word, picture,
9design, or emblem on a covered product package.
10    "Label notice" means the phrase "Do Not Flush" in a size
11equal to at least 2% of the surface area of the principal
12display panel. For covered products regulated pursuant to the
13Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) by
14the United States Consumer Product Safety Commission under
15Section 1500.121 of Title 16 of the Code of Federal
16Regulations, if the label notice requirements in this
17paragraph would result in a type size larger than first aid
18instructions pursuant to the Federal Hazardous Substances Act,
19then the type size for the label notice shall, to the extent
20permitted by federal law, be equal to or greater than the type
21size required for the first aid instructions. For covered
22products required to be registered by the United States
23Environmental Protection Agency under the Federal Insecticide,
24Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), if the
25label notice requirements in this paragraph would result in a
26type size on the principal display panel larger than a warning



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1pursuant to the Federal Insecticide, Fungicide, and
2Rodenticide Act, then the type size for the label notice
3shall, to the extent permitted by federal law, be equal to or
4greater than the type size required for the "Keep Out of Reach
5of Children" statement under 40 CFR 156.66.
6    "Principal display panel" means the side of the product
7package that is most likely to be displayed, presented, or
8shown under customary conditions of display for retail sale.
9In the case of a cylindrical or nearly cylindrical package,
10the surface area of the principal display panel constitutes
1140% of the product package as measured by multiplying the
12height of the container by the circumference. In the case of a
13flexible film package in which a rectangular prism or nearly
14rectangular prism stack of wipes is housed within the film,
15the surface area of the principal display panel is measured by
16multiplying the length by the width of the side of the package
17when the flexible packaging film is pressed flat against the
18stack of wipes on all sides of the stack.
19    "Symbol" means the "Do Not Flush" symbol, or a gender
20equivalent thereof, as depicted in the INDA/EDANA Code of
21Practice Second Edition and published within "Guidelines for
22Assessing the Flushability of Disposable Nonwoven Products,"
23Edition 4, May 2018. The symbol shall be sized equal to at
24least 2% of the surface area of the principal display panel,
25except as specified in subdivision (iii) of paragraph (B) of
26subsection (a) of Section 15.



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1    Section 15. Labeling requirements.
2    (a) Except as provided in subsections (b), (c), (d), and
3(f), a covered product manufactured on or after July 1, 2022
4shall be labeled clearly and conspicuously in adherence to the
5following labeling requirements:
6        (1) In the case of cylindrical or near cylindrical
7    packaging intended to dispense individual wipes, a covered
8    entity shall comply with one of the following options:
9            (A) Place the symbol and label notice on the
10        principal display panel in a location reasonably
11        viewable each time a wipe is dispensed.
12            (B) Place the symbol on the principal display
13        panel and either the symbol or label notice, or the
14        symbol and label notice in combination, on the flip
15        lid, subject to the following:
16                (i) If the label notice does not appear on the
17            flip lid, the label notice shall be placed on the
18            principal display panel.
19                (ii) The symbol or label notice, or the symbol
20            and label notice in combination, on the flip lid
21            may be embossed, and in that case are not required
22            to comply with paragraph (6).
23                (iii) The symbol or label notice, or the
24            symbol and label notice in combination, on the
25            flip lid shall cover a minimum of 8% of the surface



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1            area of the flip lid.
2        (2) In the case of flexible film packaging intended to
3    dispense individual wipes, a covered entity shall place
4    the symbol on the principal display panel and dispensing
5    side panel and shall place the label notice on either the
6    principal display panel or dispensing side panel in a
7    prominent location reasonably visible to the user each
8    time a wipe is dispensed. If the principal display panel
9    is on the dispensing side of the package, 2 symbols are not
10    required.
11        (3) In the case of refillable tubs or other rigid
12    packaging intended to dispense individual wipes and be
13    reused by the consumer for that purpose, a covered entity
14    shall place the symbol and label notice on the principal
15    display panel in a prominent location reasonably visible
16    to the user each time a wipe is dispensed.
17        (4) In the case of packaging not intended to dispense
18    individual wipes, a covered entity shall place the symbol
19    and label notice on the principal display panel in a
20    prominent and reasonably visible location.
21        (5) A covered entity shall ensure that the packaging
22    seams, folds, or other package design elements do not
23    obscure the symbol or the label notice.
24        (6) A covered entity shall ensure that the symbol and
25    label notice have sufficiently high contrast with the
26    immediate background of the packaging to render it likely



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1    to be seen and read by the ordinary individual under
2    customary conditions of purchase and use.
3    (b) For covered products sold in bulk at retail, both the
4outer package visible at retail and the individual packages
5contained within shall comply with the labeling requirements
6in subsection (a) applicable to the particular packaging
7types, except the following:
8        (1) Individual packages contained within the outer
9    package that are not intended to dispense individual wipes
10    and contain no retail labeling.
11        (2) Outer packages that do not obscure the symbol and
12    label notice on individual packages contained within.
13    (c) If a covered product is provided within the same
14packaging as another consumer product for use in combination
15with the other consumer product, the outside retail packaging
16of the other consumer product does not need to comply with the
17labeling requirements of subsection (a).
18    (d) If a covered product is provided within the same
19package as another consumer product for use in combination
20with the other product and is in a package smaller than 3
21inches by 3 inches, the covered entity of the covered product
22may comply with the requirements of subsection (a) by placing
23the symbol and label notice in a prominent location reasonably
24visible to the user of the covered product.
25    (e) A covered entity, directly or through a corporation,
26partnership, subsidiary, division, trade name, or association



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1in connection to the manufacturing, labeling, packaging,
2advertising, promotion, offering for sale, sale, or
3distribution of a covered product, shall not make any
4representation, in any manner, expressly or by implication,
5including through the use of a product name, endorsement,
6depiction, illustration, trademark, or trade name, about the
7flushable attributes, flushable benefits, flushable
8performance, or flushable efficacy of a covered product.
9    (f) If a covered product is required to be registered by
10the United States Environmental Protection Agency under the
11Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
12Sec. 136 et seq.) and the Illinois Department of Agricultural
13under the Illinois Pesticide Act, then the covered entity
14shall submit a label compliant with the labeling requirements
15of subsection (a) no later than July 1, 2023 to the United
16States Environmental Protection Agency.
17    If the United States Environmental Protection Agency or
18the Illinois Department of Agriculture does not approve a
19product label that otherwise complies with the labeling
20requirements of subsection (a), the covered entity shall use a
21label with as many of the requirements of this Section as the
22relevant agency has approved.
23    (g) A covered entity may include on a covered product
24words or phrases in addition to those required for the label
25notice if the words or phrases are consistent with the
26purposes of this Section.



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1    Section 20. Nonconfidential business information. Upon a
2request by a jurisdictional wastewater authority, a covered
3entity must submit to the requesting entity, within 90 days
4after the request, nonconfidential business information and
5documentation demonstrating compliance with this Act in a
6format that is easy to understand.
7    Section 25. Jurisdictional wastewater authority; authority
8to enforce; civil penalties.
9    (a) Jurisdictional wastewater authorities have the
10concurrent and exclusive authority to enforce this Act and to
11collect civil penalties for violations of this Act, subject to
12the conditions in this Section. A jurisdictional wastewater
13authority may impose a civil penalty in the amount of up to
14$2,000 for the first violation of this Act, up to $5,000 for
15the second violation, and up to $10,000 for the third and any
16subsequent violation. If a covered entity has paid a prior
17penalty for the same violation to a different jurisdictional
18wastewater authority with enforcement authority under this
19Section, the penalty imposed by a jurisdictional wastewater
20authority shall be reduced by the amount of the payment.
21    (b) Any civil penalties collected pursuant to this Section
22must be paid to the enforcing jurisdictional wastewater
23authority that brought the action.
24    (c) The remedies provided by this Section are not



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1exclusive and are in addition to the remedies that may be
2available under relevant consumer protection laws, if
4    (d) In addition to penalties recovered under this Section,
5the enforcing jurisdictional wastewater authority may recover
6reasonable enforcement costs and attorneys' fees from the
7liable covered entity.
8    Section 30. Noncompliant covered entities. Covered
9entities that violate the requirements of this Act are subject
10to the civil penalties described in Section 25. A specific
11violation is deemed to have occurred upon the sale of a
12noncompliant product package. The sale of multiple units of
13the same noncompliant product package is considered part of
14the same, single violation. A jurisdictional wastewater
15authority must send a written notice of an alleged violation
16and a copy of the requirements of this Act to a noncompliant
17covered entity, which will have 90 days to become compliant. A
18jurisdictional wastewater authority may assess a first penalty
19if the covered entity has not met the requirements of this Act
2090 days after the date the notification was sent. A
21jurisdictional wastewater authority may impose a second,
22third, and subsequent penalty on a covered entity that remains
23noncompliant with the requirements of this Act for every month
24of noncompliance.



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1    Section 35. Home rule. A home rule unit may not regulate
2the labeling of covered products in a manner inconsistent with
3the regulation by the State of the labeling of covered
4products under this Act. This Section is a limitation under
5subsection (i) of Section 6 of Article VII of the Illinois
6Constitution on the concurrent exercise by home rule units of
7powers and functions exercised by the State.
8    Section 97. Severability. The provisions of this Act are
9severable under Section 1.31 of the Statute on Statutes.
10    Section 99. Effective date. This Act takes effect July 1,