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| Public Act 102-0286 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Wipes | ||||
Labeling Act. | ||||
Section 5. Findings. The General Assembly finds that | ||||
creating labeling standards for disposable wipes products will | ||||
protect public health, the environment, water quality, and | ||||
public infrastructure used for the collection, transport, and | ||||
treatment of wastewater. It is not the intent of the General | ||||
Assembly to address standards for flushability with this Act. | ||||
Section 10. Definitions. In this Act: | ||||
"Covered entity" means: | ||||
(1) the manufacturer of a covered product that is sold | ||||
or offered for sale in this State; and | ||||
(2) a wholesaler, supplier, or retailer that is | ||||
responsible for the labeling or packaging of a covered | ||||
product. | ||||
"Covered product" means a consumer product sold or offered | ||||
for sale in the State that is either of the following: | ||||
(1) A premoistened nonwoven disposable wipe marketed | ||||
as a baby wipe or diapering wipe. | ||||
(2) A premoistened nonwoven disposable wipe that is | ||
both of the following: | ||
(A) Composed entirely of or in part of | ||
petrochemical-derived fibers. | ||
(B) Likely to be used in a bathroom and has | ||
significant potential to be flushed, including baby | ||
wipes, bathroom cleaning wipes, toilet cleaning wipes, | ||
hard surface cleaning wipes, disinfecting wipes, hand | ||
sanitizing wipes, antibacterial wipes, facial and | ||
makeup removal wipes, general purpose cleaning wipes, | ||
personal care wipes for use on the body, feminine | ||
hygiene wipes, adult incontinence wipes, adult hygiene | ||
wipes, and body cleansing wipes.
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"High contrast" means: | ||
(1) provided by either a light symbol on a solid dark | ||
background or a dark symbol on a solid light background; | ||
and | ||
(2) having at least 70% contrast between the symbol | ||
artwork and background using the formula [(B1 - B2) / B1] * | ||
100, where B1 is the light reflectance value of the | ||
relatively lighter area and B2 is the light reflectance | ||
value of the relatively darker area.
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"Jurisdictional wastewater authority" means a sanitary | ||
district, water reclamation district, municipality, county, or | ||
other unit of local government in this State responsible for | ||
the collection or treatment of wastewater. | ||
"Label" means to represent by statement, word, picture, | ||
design, or emblem on a covered product package. | ||
"Label notice" means the phrase "Do Not Flush" in a size | ||
equal to at least 2% of the surface area of the principal | ||
display panel. For covered products regulated pursuant to the | ||
Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) by | ||
the United States Consumer Product Safety Commission under | ||
Section 1500.121 of Title 16 of the Code of Federal | ||
Regulations, if the label notice requirements in this | ||
paragraph would result in a type size larger than first aid | ||
instructions pursuant to the Federal Hazardous Substances Act, | ||
then the type size for the label notice shall, to the extent | ||
permitted by federal law, be equal to or greater than the type | ||
size required for the first aid instructions. For covered | ||
products required to be registered by the United States | ||
Environmental Protection Agency under the Federal Insecticide, | ||
Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), if the | ||
label notice requirements in this paragraph would result in a | ||
type size on the principal display panel larger than a warning | ||
pursuant to the Federal Insecticide, Fungicide, and | ||
Rodenticide Act, then the type size for the label notice | ||
shall, to the extent permitted by federal law, be equal to or | ||
greater than the type size required for the "Keep Out of Reach | ||
of Children" statement under 40 CFR 156.66. | ||
"Principal display panel" means the side of the product | ||
package that is most likely to be displayed, presented, or | ||
shown under customary conditions of display for retail sale. | ||
In the case of a cylindrical or nearly cylindrical package, | ||
the surface area of the principal display panel constitutes | ||
40% of the product package as measured by multiplying the | ||
height of the container by the circumference.
In the case of a | ||
flexible film package in which a rectangular prism or nearly | ||
rectangular prism stack of wipes is housed within the film, | ||
the surface area of the principal display panel is measured by | ||
multiplying the length by the width of the side of the package | ||
when the flexible packaging film is pressed flat against the | ||
stack of wipes on all sides of the stack.
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"Symbol" means the "Do Not Flush" symbol, or a gender | ||
equivalent thereof, as depicted in the INDA/EDANA Code of | ||
Practice Second Edition and published within "Guidelines for | ||
Assessing the Flushability of Disposable Nonwoven Products," | ||
Edition 4, May 2018. The symbol shall be sized equal to at | ||
least 2% of the surface area of the principal display panel, | ||
except as specified in subdivision (iii) of paragraph (B) of | ||
subsection (a) of Section 15. | ||
Section 15. Labeling requirements. | ||
(a) Except as provided in subsections (b), (c), (d), and | ||
(f), a covered product manufactured on or after July 1, 2022 | ||
shall be labeled clearly and conspicuously in adherence to the | ||
following labeling requirements: | ||
(1) In the case of cylindrical or near cylindrical | ||
packaging intended to dispense individual wipes, a covered | ||
entity shall comply with one of the following options: | ||
(A) Place the symbol and label notice on the | ||
principal display panel in a location reasonably | ||
viewable each time a wipe is dispensed. | ||
(B) Place the symbol on the principal display | ||
panel and either the symbol or label notice, or the | ||
symbol and label notice in combination, on the flip | ||
lid, subject to the following: | ||
(i) If the label notice does not appear on the | ||
flip lid, the label notice shall be placed on the | ||
principal display panel. | ||
(ii) The symbol or label notice, or the symbol | ||
and label notice in combination, on the flip lid | ||
may be embossed, and in that case are not required | ||
to comply with paragraph (6). | ||
(iii) The symbol or label notice, or the | ||
symbol and label notice in combination, on the | ||
flip lid shall cover a minimum of 8% of the surface | ||
area of the flip lid. | ||
(2) In the case of flexible film packaging intended to | ||
dispense individual wipes, a covered entity shall place | ||
the symbol on the principal display panel and dispensing | ||
side panel and shall place the label notice on either the | ||
principal display panel or dispensing side panel in a | ||
prominent location reasonably visible to the user each | ||
time a wipe is dispensed. If the principal display panel | ||
is on the dispensing side of the package, 2 symbols are not | ||
required. | ||
(3) In the case of refillable tubs or other rigid | ||
packaging intended to dispense individual wipes and be | ||
reused by the consumer for that purpose, a covered entity | ||
shall place the symbol and label notice on the principal | ||
display panel in a prominent location reasonably visible | ||
to the user each time a wipe is dispensed. | ||
(4) In the case of packaging not intended to dispense | ||
individual wipes, a covered entity shall place the symbol | ||
and label notice on the principal display panel in a | ||
prominent and reasonably visible location. | ||
(5) A covered entity shall ensure that the packaging | ||
seams, folds, or other package design elements do not | ||
obscure the symbol or the label notice. | ||
(6) A covered entity shall ensure that the symbol and | ||
label notice have sufficiently high contrast with the | ||
immediate background of the packaging to render it likely | ||
to be seen and read by the ordinary individual under | ||
customary conditions of purchase and use. | ||
(b) For covered products sold in bulk at retail, both the | ||
outer package visible at retail and the individual packages | ||
contained within shall comply with the labeling requirements | ||
in subsection (a) applicable to the particular packaging | ||
types, except the following: | ||
(1) Individual packages contained within the outer | ||
package that are not intended to dispense individual wipes | ||
and contain no retail labeling. | ||
(2) Outer packages that do not obscure the symbol and | ||
label notice on individual packages contained within. | ||
(c) If a covered product is provided within the same | ||
packaging as another consumer product for use in combination | ||
with the other consumer product, the outside retail packaging | ||
of the other consumer product does not need to comply with the | ||
labeling requirements of subsection (a). | ||
(d) If a covered product is provided within the same | ||
package as another consumer product for use in combination | ||
with the other product and is in a package smaller than 3 | ||
inches by 3 inches, the covered entity of the covered product | ||
may comply with the requirements of subsection (a) by placing | ||
the symbol and label notice in a prominent location reasonably | ||
visible to the user of the covered product. | ||
(e) A covered entity, directly or through a corporation, | ||
partnership, subsidiary, division, trade name, or association | ||
in connection to the manufacturing, labeling, packaging, | ||
advertising, promotion, offering for sale, sale, or | ||
distribution of a covered product, shall not make any | ||
representation, in any manner, expressly or by implication, | ||
including through the use of a product name, endorsement, | ||
depiction, illustration, trademark, or trade name, about the | ||
flushable attributes, flushable benefits, flushable | ||
performance, or flushable efficacy of a covered product. | ||
(f) If a covered product is required to be registered by | ||
the United States Environmental Protection Agency under the | ||
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. | ||
136 et seq.) and the Illinois Department of Agriculture under | ||
the Illinois Pesticide Act, then the covered entity shall | ||
submit a label compliant with the labeling requirements of | ||
subsection (a) no later than July 1, 2023 to the United States | ||
Environmental Protection Agency. | ||
If the United States Environmental Protection Agency or | ||
the Illinois Department of Agriculture does not approve a | ||
product label that otherwise complies with the labeling | ||
requirements of subsection (a), the covered entity shall use a | ||
label with as many of the requirements of this Section as the | ||
relevant agency has approved. | ||
(g) A covered entity may include on a covered product | ||
words or phrases in addition to those required for the label | ||
notice if the words or phrases are consistent with the | ||
purposes of this Section. | ||
Section 20. Nonconfidential business information. Upon a | ||
request by a jurisdictional wastewater authority, a covered | ||
entity must submit to the requesting entity, within 90 days | ||
after the request, nonconfidential business information and | ||
documentation demonstrating compliance with this Act in a | ||
format that is easy to understand. | ||
Section 25. Jurisdictional wastewater authority; authority | ||
to enforce; civil penalties. | ||
(a) Jurisdictional wastewater authorities have the | ||
concurrent and exclusive authority to enforce this Act and to | ||
collect civil penalties for violations of this Act, subject to | ||
the conditions in this Section. A jurisdictional wastewater | ||
authority may impose a civil penalty in the amount of up to | ||
$2,000 for the first violation of this Act, up to $5,000 for | ||
the second violation, and up to $10,000 for the third and any | ||
subsequent violation. If a covered entity has paid a prior | ||
penalty for the same violation to a different jurisdictional | ||
wastewater authority with enforcement authority under this | ||
Section, the penalty imposed by a jurisdictional wastewater | ||
authority shall be reduced by the amount of the payment. | ||
(b) Any civil penalties collected pursuant to this Section | ||
must be paid to the enforcing jurisdictional wastewater | ||
authority that brought the action. | ||
(c) The remedies provided by this Section are not | ||
exclusive and are in addition to the remedies that may be | ||
available under relevant consumer protection laws, if | ||
applicable. | ||
(d) In addition to penalties recovered under this Section, | ||
the enforcing jurisdictional wastewater authority may recover | ||
reasonable enforcement costs and attorneys' fees from the | ||
liable covered entity. | ||
Section 30. Noncompliant covered entities. Covered | ||
entities that violate the requirements of this Act are subject | ||
to the civil penalties described in Section 25. A specific | ||
violation is deemed to have occurred upon the sale of a | ||
noncompliant product package. The sale of multiple units of | ||
the same noncompliant product package is considered part of | ||
the same, single violation. A jurisdictional wastewater | ||
authority must send a written notice of an alleged violation | ||
and a copy of the requirements of this Act to a noncompliant | ||
covered entity, which will have 90 days to become compliant. A | ||
jurisdictional wastewater authority may assess a first penalty | ||
if the covered entity has not met the requirements of this Act | ||
90 days after the date the notification was sent. A | ||
jurisdictional wastewater authority may impose a second, | ||
third, and subsequent penalty on a covered entity that remains | ||
noncompliant with the requirements of this Act for every month | ||
of noncompliance. | ||
Section 35. Home rule. A home rule unit may not regulate | ||
the labeling of covered products in a manner inconsistent with | ||
the regulation by the State of the labeling of covered | ||
products under this Act. This Section is a limitation under | ||
subsection (i) of Section 6 of Article VII of the Illinois | ||
Constitution on the concurrent exercise by home rule units of | ||
powers and functions exercised by the State. | ||
Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes.
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Section 99. Effective date. This Act takes effect July 1, | ||
2022.
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