Full Text of SB0294 102nd General Assembly
SB0294sam001 102ND GENERAL ASSEMBLY | Sen. Cristina Castro Filed: 4/9/2021
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| 1 | | AMENDMENT TO SENATE BILL 294
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 294 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Wipes | 5 | | Labeling Act. | 6 | | Section 5. Findings. The General Assembly finds that | 7 | | creating labeling standards for disposable wipes products will | 8 | | protect public health, the environment, water quality, and | 9 | | public infrastructure used for the collection, transport, and | 10 | | treatment of wastewater. It is not the intent of the General | 11 | | Assembly 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 | 5 | | for 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 | 22 | | district, water reclamation district, municipality, county, or | 23 | | other unit of local government in this State responsible for | 24 | | the collection or treatment of wastewater. | 25 | | "Label" means to represent by statement, word, picture, | 26 | | design, or emblem on a covered product package. |
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| 1 | | "Label notice" means the phrase "Do Not Flush" in a size | 2 | | equal to at least 2% of the surface area of the principal | 3 | | display panel. For covered products regulated pursuant to the | 4 | | Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) by | 5 | | the United States Consumer Product Safety Commission under | 6 | | Section 1500.121 of Title 16 of the Code of Federal | 7 | | Regulations, if the label notice requirements in this | 8 | | paragraph would result in a type size larger than first aid | 9 | | instructions pursuant to the Federal Hazardous Substances Act, | 10 | | then the type size for the label notice shall, to the extent | 11 | | permitted by federal law, be equal to or greater than the type | 12 | | size required for the first aid instructions. For covered | 13 | | products required to be registered by the United States | 14 | | Environmental Protection Agency under the Federal Insecticide, | 15 | | Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), if the | 16 | | label notice requirements in this paragraph would result in a | 17 | | type size on the principal display panel larger than a warning | 18 | | pursuant to the Federal Insecticide, Fungicide, and | 19 | | Rodenticide Act, then the type size for the label notice | 20 | | shall, to the extent permitted by federal law, be equal to or | 21 | | greater than the type size required for the "Keep Out of Reach | 22 | | of Children" statement under 40 CFR 156.66. | 23 | | "Principal display panel" means the side of the product | 24 | | package that is most likely to be displayed, presented, or | 25 | | shown under customary conditions of display for retail sale. | 26 | | In the case of a cylindrical or nearly cylindrical package, |
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| 1 | | the surface area of the principal display panel constitutes | 2 | | 40% of the product package as measured by multiplying the | 3 | | height of the container by the circumference.
In the case of a | 4 | | flexible film package in which a rectangular prism or nearly | 5 | | rectangular prism stack of wipes is housed within the film, | 6 | | the surface area of the principal display panel is measured by | 7 | | multiplying the length by the width of the side of the package | 8 | | when the flexible packaging film is pressed flat against the | 9 | | stack of wipes on all sides of the stack.
| 10 | | "Symbol" means the "Do Not Flush" symbol, or a gender | 11 | | equivalent thereof, as depicted in the INDA/EDANA Code of | 12 | | Practice Second Edition and published within "Guidelines for | 13 | | Assessing the Flushability of Disposable Nonwoven Products," | 14 | | Edition 4, May 2018. The symbol shall be sized equal to at | 15 | | least 2% of the surface area of the principal display panel, | 16 | | except as specified in subdivision (iii) of paragraph (B) of | 17 | | subsection (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 | 21 | | shall be labeled clearly and conspicuously in adherence to the | 22 | | following 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 | 21 | | outer package visible at retail and the individual packages | 22 | | contained within shall comply with the labeling requirements | 23 | | in subsection (a) applicable to the particular packaging | 24 | | types, 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 | 5 | | packaging as another consumer product for use in combination | 6 | | with the other consumer product, the outside retail packaging | 7 | | of the other consumer product does not need to comply with the | 8 | | labeling requirements of subsection (a). | 9 | | (d) If a covered product is provided within the same | 10 | | package as another consumer product for use in combination | 11 | | with the other product and is in a package smaller than 3 | 12 | | inches by 3 inches, the covered entity of the covered product | 13 | | may comply with the requirements of subsection (a) by placing | 14 | | the symbol and label notice in a prominent location reasonably | 15 | | visible to the user of the covered product. | 16 | | (e) A covered entity, directly or through a corporation, | 17 | | partnership, subsidiary, division, trade name, or association | 18 | | in connection to the manufacturing, labeling, packaging, | 19 | | advertising, promotion, offering for sale, sale, or | 20 | | distribution of a covered product, shall not make any | 21 | | representation, in any manner, expressly or by implication, | 22 | | including through the use of a product name, endorsement, | 23 | | depiction, illustration, trademark, or trade name, about the | 24 | | flushable attributes, flushable benefits, flushable | 25 | | performance, or flushable efficacy of a covered product. | 26 | | (f) If a covered product is required to be registered by |
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| 1 | | the United States Environmental Protection Agency under the | 2 | | Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. | 3 | | Sec. 136 et seq.) and the Illinois Department of Agricultural | 4 | | under the Illinois Pesticide Act, then the covered entity | 5 | | shall submit a label compliant with the labeling requirements | 6 | | of subsection (a) no later than July 1, 2023 to the United | 7 | | States Environmental Protection Agency. | 8 | | If the United States Environmental Protection Agency or | 9 | | the Illinois Department of Agriculture does not approve a | 10 | | product label that otherwise complies with the labeling | 11 | | requirements of subsection (a), the covered entity shall use a | 12 | | label with as many of the requirements of this Section as the | 13 | | relevant agency has approved. | 14 | | (g) A covered entity may include on a covered product | 15 | | words or phrases in addition to those required for the label | 16 | | notice if the words or phrases are consistent with the | 17 | | purposes of this Section. | 18 | | Section 20. Nonconfidential business information. Upon a | 19 | | request by a jurisdictional wastewater authority, a covered | 20 | | entity must submit to the requesting entity, within 90 days | 21 | | after the request, nonconfidential business information and | 22 | | documentation demonstrating compliance with this Act in a | 23 | | format that is easy to understand. | 24 | | Section 25. Jurisdictional wastewater authority; authority |
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| 1 | | to enforce; civil penalties. | 2 | | (a) Jurisdictional wastewater authorities have the | 3 | | concurrent and exclusive authority to enforce this Act and to | 4 | | collect civil penalties for violations of this Act, subject to | 5 | | the conditions in this Section. A jurisdictional wastewater | 6 | | authority 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 | 8 | | the second violation, and up to $10,000 for the third and any | 9 | | subsequent violation. If a covered entity has paid a prior | 10 | | penalty for the same violation to a different jurisdictional | 11 | | wastewater authority with enforcement authority under this | 12 | | Section, the penalty imposed by a jurisdictional wastewater | 13 | | authority shall be reduced by the amount of the payment. | 14 | | (b) Any civil penalties collected pursuant to this Section | 15 | | must be paid to the enforcing jurisdictional wastewater | 16 | | authority that brought the action. | 17 | | (c) The remedies provided by this Section are not | 18 | | exclusive and are in addition to the remedies that may be | 19 | | available under relevant consumer protection laws, if | 20 | | applicable. | 21 | | (d) In addition to penalties recovered under this Section, | 22 | | the enforcing jurisdictional wastewater authority may recover | 23 | | reasonable enforcement costs and attorneys' fees from the | 24 | | liable covered entity. | 25 | | Section 30. Noncompliant covered entities. Covered |
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| 1 | | entities that violate the requirements of this Act are subject | 2 | | to the civil penalties described in Section 25. A specific | 3 | | violation is deemed to have occurred upon the sale of a | 4 | | noncompliant product package. The sale of multiple units of | 5 | | the same noncompliant product package is considered part of | 6 | | the same, single violation. A jurisdictional wastewater | 7 | | authority must send a written notice of an alleged violation | 8 | | and a copy of the requirements of this Act to a noncompliant | 9 | | covered entity, which will have 90 days to become compliant. A | 10 | | jurisdictional wastewater authority may assess a first penalty | 11 | | if the covered entity has not met the requirements of this Act | 12 | | 90 days after the date the notification was sent. A | 13 | | jurisdictional wastewater authority may impose a second, | 14 | | third, and subsequent penalty on a covered entity that remains | 15 | | noncompliant with the requirements of this Act for every month | 16 | | of noncompliance. | 17 | | Section 35. Home rule. A home rule unit may not regulate | 18 | | the labeling of covered products in a manner inconsistent with | 19 | | the regulation by the State of the labeling of covered | 20 | | products under this Act. This Section is a limitation under | 21 | | subsection (i) of Section 6 of Article VII of the Illinois | 22 | | Constitution on the concurrent exercise by home rule units of | 23 | | powers and functions exercised by the State. | 24 | | Section 97. Severability. The provisions of this Act are |
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| 1 | | severable under Section 1.31 of the Statute on Statutes.
| 2 | | Section 99. Effective date. This Act takes effect July 1, | 3 | | 2022.".
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