‘‘(B) in the case of any subsequent viola-
tion, may impose on the responsible party a fine 
in an amount of not more than $70,117, as de-
termined by the Administrator, for each viola-
tion. 
‘‘(2) USE OF FEES.—The Administrator shall 
transfer the amounts of fees collected under para-
graph (1) to the Reduction, Recycling, and Litter 
Cleanup Trust Fund established by section 9512 of 
the Internal Revenue Code of 1986. 
‘‘SEC. 12304. PRODUCT LABELING. 
‘‘(a) IN GENERAL.—A responsible party shall include 
labels on covered products and beverage containers that— 
‘‘(1) are easy to read; and 
‘‘(2) indicate that the covered product or bev-
erage container is— 
‘‘(A) recyclable; 
‘‘(B) not recyclable; 
‘‘(C) compostable; or 
‘‘(D) reusable; 
‘‘(3) in the case of a covered product or bev-
erage container that is not recyclable, does not in-
clude the universal chasing arrows recycling symbol 
or any other similar symbol that would lead a con-
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sumer to believe that the item should be sorted for 
recycling; 
‘‘(4) in the case of a plastic bag that is not 
compostable, is not tinted green or brown; 
‘‘(5) in the case of a compostable bag, is tinted 
green or brown and includes information identifying 
the entity designated by the Administrator that has 
certified that the product is compostable; 
‘‘(6) in the case of a covered product or bev-
erage container that is compostable, includes a green 
or brown stripe or similar marking to identify that 
the item is compostable; and 
‘‘(7) in the case of a covered wipe product (as 
defined in subsection (a) of section 12305), satisfy 
the requirements under the regulations issued under 
subsection (b) of that section. 
‘‘(b) STANDARDIZED LABELS.—Not later than 2 
years after the date of enactment of this subtitle, the Ad-
ministrator shall establish or approve a standardized label 
for each category of covered product and beverage con-
tainer to be used by responsible parties under subsection 
(a). 
‘‘(c) REQUIREMENT.—A label described in subsection 
(a), including a shrink sleeve— 
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‘‘(1) shall be compatible with the intended 
method of discard for the covered product or bev-
erage container; and 
‘‘(2) shall not require removal by consumers. 
‘‘(d) COMPATIBILITY.—The Administrator shall en-
courage label manufacturers, in coordination with the sup-
ply chains of those manufacturers, including substrate 
suppliers, converters, and ink suppliers, to work with the 
recycling industry to address label recycling compatibility 
challenges. 
‘‘(e) ENFORCEMENT.— 
‘‘(1) PROHIBITION.—It shall be unlawful for 
any person that is a responsible party for a covered 
product or beverage sold in a beverage container to 
sell, use, or distribute any covered product or bev-
erage sold in a beverage container in commerce ex-
cept in compliance with this section. 
‘‘(2) CIVIL PENALTY.—Any person that violates 
paragraph (1) shall be subject to a fine for each vio-
lation and for each day that the violation occurs in 
an amount of not more than $70,117, as determined 
by the Administrator. 
‘‘(3) INJUNCTIVE RELIEF.—The Administrator 
may bring a civil action to enjoin the sale, distribu-
tion, or importation into the United States of a cov-
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ered product or beverage sold in a beverage con-
tainer in violation of this section. 
‘‘(4) STATE
ENFORCEMENT.—The Adminis-
trator may permit a State to carry out enforcement 
under paragraph (2) or (3) if the Administrator de-
termines that the State meets such requirements as 
the Administrator may establish. 
‘‘SEC. 12305. ‘DO NOT FLUSH’ LABELING. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) COMBINED
PRODUCT.—The term ‘com-
bined product’ means 2 or more products sold in 
shared retail packaging, of which— 
‘‘(A) at least 1 of the products is a covered 
wipe product; and 
‘‘(B) at least 1 of the products is another 
consumer product intended to be used in com-
bination with that covered wipe product. 
‘‘(2) COVERED ENTITY.—The term ‘covered en-
tity’ means a manufacturer, wholesaler, supplier, or 
retailer that is responsible for the labeling or pack-
aging of a covered wipe product that is sold, pro-
duced, or offered for sale in the United States. 
‘‘(3) COVERED WIPE PRODUCT.— 
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‘‘(A) IN
GENERAL.—The term ‘covered 
wipe product’ means a premoistened, nonwoven 
disposable wipe sold or offered for sale— 
‘‘(i) that is marketed as a baby wipe 
or diapering wipe; or 
‘‘(ii) that— 
‘‘(I) is composed entirely, or in 
part, of petrochemical-derived fibers; 
and 
‘‘(II) has significant potential to 
be flushed. 
‘‘(B) INCLUSIONS.—The term ‘covered 
wipe product’ includes— 
‘‘(i) antibacterial wipes and dis-
infecting wipes; 
‘‘(ii) wipes intended for general pur-
pose cleaning or bathroom cleaning, includ-
ing toilet cleaning and hard surface clean-
ing; and 
‘‘(iii) wipes intended for personal care 
use on the body, including hand sanitizing, 
makeup removal, feminine hygiene, adult 
hygiene (including incontinence hygiene), 
and body cleansing. 
‘‘(4) HIGH CONTRAST.— 
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‘‘(A) IN GENERAL.—The term ‘high con-
trast’ means, with respect to a symbol or label 
notice, that the symbol or label notice— 
‘‘(i) is light on a solid dark back-
ground or dark on a solid light back-
ground; and 
‘‘(ii) has a contrast percentage of at 
least 70 percent between that symbol or 
label notice and the background, using the 
formula described in subparagraph (B). 
‘‘(B) CONTRAST PERCENTAGE.—The con-
trast percentage referred to in subparagraph 
(A)(ii) is the product obtained by multiplying— 
‘‘(i) the quotient obtained by divid-
ing— 
‘‘(I) the difference between— 
‘‘(aa) the light reflectance 
value of a lighter area; and 
‘‘(bb) the light reflectance 
value of a darker area; by 
‘‘(II) the light reflectance value 
of the lighter area described in sub-
clause (I)(aa); and 
‘‘(ii) 100. 
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‘‘(5) LABEL NOTICE.—The term ‘label notice’ 
means the written phrase ‘Do Not Flush’. 
‘‘(6) PRINCIPAL
DISPLAY
PANEL.—The term 
‘principal display panel’ means the side of a product 
package— 
‘‘(A) that is most likely to be displayed, 
presented, or shown under customary conditions 
of display for retail sale; and 
‘‘(B)(i) in the case of a cylindrical or near- 
cylindrical package, the surface area of which 
constitutes at least 40 percent of the product 
package, as measured by multiplying the height 
by the circumference of the package; or 
‘‘(ii) in the case of a flexible film package 
in which a rectangular prism or near-rectan-
gular prism stack of wipes is housed within the 
film, the surface area of which 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. 
‘‘(7) SYMBOL.—The term ‘symbol’ means— 
‘‘(A) the ‘Do Not Flush’ symbol, as de-
picted in the Guidelines for Assessing the 
Flushability of Disposable Nonwoven Products 
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(Edition 4; May 2018) published by the Asso-
ciation of the Nonwoven Fabrics Industry and 
the European Disposables And Nonwovens As-
sociation; or 
‘‘(B) a symbol otherwise identical to the 
symbol described in subparagraph (A) depicting 
an individual of another gender. 
‘‘(b) REGULATIONS.—Not later than 2 years after 
the date of enactment of this subtitle, the Administrator 
shall issue regulations requiring covered entities to label 
covered wipe products clearly and conspicuously in accord-
ance with this section. 
‘‘(c) REQUIREMENTS.— 
‘‘(1) CYLINDRICAL PACKAGING.—In issuing reg-
ulations under subsection (b), the Administrator 
shall require a covered wipe product sold in cylin-
drical or near-cylindrical packaging, and intended to 
dispense individual wipes, to have— 
‘‘(A) the symbol and label notice on the 
principal display panel in a location reasonably 
visible to the user each time a wipe is dis-
pensed; or 
‘‘(B) the symbol on the principal display 
panel and the label notice, or a combination of 
the label notice and symbol, on a flip lid in a 
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manner that covers at least 8 percent of the 
surface area of the flip lid. 
‘‘(2) FLEXIBLE FILM PACKAGING.—In issuing 
regulations under subsection (b), the Administrator 
shall require a covered wipe product sold in flexible 
film packaging, and intended to dispense individual 
wipes, to have— 
‘‘(A) the symbol on the principal display 
panel and, if the principal display panel is not 
on the dispensing side of the packaging, on the 
dispensing side panel; and 
‘‘(B) the label notice on the principal dis-
play panel or the dispensing side panel, in a 
prominent location reasonably visible to the 
user each time a wipe is dispensed. 
‘‘(3) RIGID PACKAGING.—In issuing regulations 
under subsection (b), the Administrator shall require 
a covered wipe product sold in a refillable tub or 
other rigid packaging that may be reused by a cus-
tomer, and intended to dispense individual wipes, to 
have 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) PACKAGING NOT INTENDED TO DISPENSE 
INDIVIDUAL
WIPES.—In issuing regulations under 
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subsection (b), the Administrator shall require a cov-
ered wipe product sold in packaging that is not in-
tended to dispense individual wipes to have the sym-
bol and label notice on the principal display panel in 
a prominent location reasonably visible to the user 
of the covered wipe product. 
‘‘(5) BULK PACKAGING.— 
‘‘(A) IN GENERAL.—In issuing regulations 
under subsection (b), the Administrator shall 
require a covered wipe product sold in bulk at 
retail to have labeling in compliance with those 
regulations on both the outer packaging visible 
at retail and the individual packaging contained 
within the outer packaging. 
‘‘(B) 
EXEMPTION.—The 
Administrator 
shall exempt from the requirements under sub-
paragraph (A) the following: 
‘‘(i) Individually packaged covered 
wipe products that— 
‘‘(I) are contained within outer 
packaging; 
‘‘(II) are not intended to dis-
pense individual wipes; and 
‘‘(III) have no retail labeling. 
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‘‘(ii) Outer packaging that does not 
obscure the symbol and label notice on in-
dividually packaged covered wipe products 
contained within. 
‘‘(6) PACKAGING OF COMBINED PRODUCTS.— 
‘‘(A) OUTER PACKAGING.—In issuing regu-
lations under subsection (b), the Administrator 
shall exempt the outer packaging of a combined 
product from the requirements of those regula-
tions. 
‘‘(B) PACKAGES
LESS
THAN
BY
INCHES.—In issuing regulations under sub-
section (b), the Administrator shall provide 
that, with respect to a covered wipe product in 
packaging smaller than 3 inches by 3 inches 
(such as an individually packaged wipe in tear- 
top packaging) and sold as part of a combined 
product, if a symbol and label notice are placed 
in a prominent location reasonably visible to the 
user of the covered wipe product, that covered 
wipe product shall be considered to be labeled 
clearly and conspicuously in accordance with 
those regulations. 
‘‘(d) REASONABLE VISIBILITY
OF SYMBOL
AND 
LABEL NOTICE.— 
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‘‘(1) IN
GENERAL.—In requiring the symbol 
and label notice under this section, the Adminis-
trator shall require that— 
‘‘(A) packaging seams or folds or other 
packaging design elements do not obscure the 
symbol or label notice; 
‘‘(B) the symbol and label notice are each 
equal in size to at least 2 percent of the surface 
area of the principal display panel; and 
‘‘(C) except as provided in paragraph (3), 
the symbol and label notice have high contrast 
with the immediate background of the pack-
aging such that the symbol and label notice 
may be seen and read by an ordinary individual 
under customary conditions of purchase and 
use. 
‘‘(2) PROXIMITY OF SYMBOL AND LABEL NO-
TICE.—In requiring the symbol and label notice 
under this section, the Administrator may allow a 
symbol and label notice on a principal display panel 
to be placed adjacently or on separate areas of the 
principal display panel. 
‘‘(3) EXCEPTION.—Paragraph (1)(C) shall not 
apply to an embossed symbol or label notice on the 
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100 
flip lid of a covered wipe product sold in cylindrical 
or near-cylindrical packaging. 
‘‘(e) ADDITIONAL WORDS OR PHRASES.—In issuing 
regulations under subsection (b), the Administrator shall 
allow additional words or phrases on a covered wipe prod-
uct that describe consequences associated with flushing or 
disposing of that covered wipe product, if those words or 
phrases are consistent with the purposes of this section. 
‘‘(f) REPRESENTATIONS
OF
FLUSHABILITY.—In 
issuing regulations under subsection (b), the Adminis-
trator shall prohibit, with respect to a covered wipe prod-
uct, the representation or marketing of flushable at-
tributes, performance, or efficacy benefits. 
‘‘(g) COMPLIANCE WITH OTHER REQUIREMENTS.— 
‘‘(1) FIFRA REQUIREMENTS.—In issuing regu-
lations under subsection (b), the Administrator shall 
include, with respect to a covered wipe product that 
contains a pesticide required to be registered under 
the Federal Insecticide, Fungicide, and Rodenticide 
Act (7 U.S.C. 136 et seq.), the following: 
‘‘(A) Instructions describing how such a 
covered wipe product may comply with the re-
quirements of that Act and the regulations 
issued under subsection (b). 
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101 
‘‘(B) A requirement that, not later than 90 
days after the date on which regulations are 
issued under subsection (b), a covered entity 
shall submit for approval by the Administrator 
a product label compliant with the instructions 
under subparagraph (A). 
‘‘(2) TYPE SIZE.— 
‘‘(A) 
FIFRA.—In 
issuing 
regulations 
under subsection (b), the Administrator shall 
require, in the case of a covered wipe product 
described in paragraph (1) that (by operation of 
requirements under the Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136 
et seq.) with respect to a pesticide in that cov-
ered wipe product) is required to display a 
warning, if the requirements of those regula-
tions would result in a type size for a label no-
tice on the principal display panel of that cov-
ered wipe product larger than that warning, 
that the type size for the label notice shall be 
equal to or greater than the type size required 
for the ‘keep out of reach of children’ statement 
under that Act. 
‘‘(B) FHSA.—In issuing regulations under 
subsection (b), the Administrator shall ensure 
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102 
that if a covered wipe product is subject to a 
labeling requirement under section 2(p)(1) of 
the Federal Hazardous Substances Act (15 
U.S.C. 1261(p)(1)) and the requirements of 
those regulations would result in a type size for 
a label notice larger than first aid instructions 
required under that section, the type size for 
the label notice shall be equal to or greater than 
the type size required for those first aid instruc-
tions. 
‘‘(h) APPLICABILITY.—The Administrator shall pro-
vide that the regulations issued under subsection (b) shall 
apply with respect to covered wipe products manufactured 
on or after the date that is 90 days after the date on which 
those regulations are issued. 
‘‘(i) PENALTY.—The Administrator may impose fines 
for purposes of enforcing this section in accordance with 
the following: 
‘‘(1) A fine of not more than $2,500 for each 
day that a violation of this section occurs. 
‘‘(2) In no event may the total amount of fines 
imposed for a single violation of this section exceed 
$100,000. 
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103 
‘‘SEC. 12306. RECYCLING AND COMPOSTING RECEPTACLE 
LABELING. 
‘‘(a) PURPOSE.—The purpose of this section is to es-
tablish guidelines for a national standardized labeling sys-
tem for the development of labels for recycling and 
composting receptacles that use a methodology that is con-
sistent throughout the United States to assist members 
of the public in properly recycling and composting. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) PUBLIC SPACE.—The term ‘public space’ 
means a business, an airport, a school, a stadium, 
a government office, a park, and any other public 
space, as determined by the Administrator. 
‘‘(2) RECYCLING
OR
COMPOSTING
RECEP-
TACLE.—The term ‘recycling or composting recep-
tacle’ means a recycling or composing bin, cart, or 
dumpster. 
‘‘(3) 
RESIDENTIAL
RECYCLING
AND 
COMPOSTING PROGRAM.—The term ‘residential recy-
cling and composting program’ means a recycling 
and composting program that services single family 
dwellings, multifamily dwellings or facilities, or both. 
‘‘(c) GUIDELINES.—Not later than 2 years after the 
date of enactment of this subtitle, the Administrator shall 
develop and publish guidelines for a national standardized 
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104 
labeling system for an Organization to use to develop la-
bels that— 
‘‘(1) use a national standardized methodology 
of colors, images, format, and terminology, including 
to address diverse ethnic populations; 
‘‘(2) 
shall 
be 
placed 
on 
recycling 
and 
composting receptacles in public spaces and the serv-
ice area of the Organization in accordance with 
paragraphs (1)(D) and (2) of subsection (e); and 
‘‘(3) communicate to users of those recycling 
and composting receptacles— 
‘‘(A) 
the 
specific 
recyclables 
and 
compostables that the Organization accepts; 
and 
‘‘(B) the specific rules of sorting for that 
Organization. 
‘‘(d) DEVELOPMENT OF LABELS.— 
‘‘(1) IN GENERAL.—Each Organization in the 
United States shall, in accordance with the guide-
lines published under subsection (c), use the national 
standardized labeling system to develop labels for 
use on recycling and composting receptacles in pub-
lic spaces and the service area of the Organization 
to communicate to users of those recycling and 
composting receptacles— 
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105 
‘‘(A) 
the 
specific 
recyclables 
and 
compostables that the Organization accepts; 
and 
‘‘(B) the specific rules of sorting for that 
Organization. 
‘‘(2) SIMPLE AND DETAILED VERSIONS.—In de-
veloping labels under paragraph (1), an Organiza-
tion shall develop— 
‘‘(A) a simple version of the label for use 
on recycling and composting receptacles used in 
public spaces, which shall list the basic 
recyclables and compostables that the Organiza-
tion accepts; and 
‘‘(B) a detailed version of the label for use 
on recycling and composting receptacles used as 
part of a residential recycling and composting 
program, taking into consideration the com-
plexity of the packaging and products disposed 
of by single family dwellings and multifamily 
dwellings and facilities. 
‘‘(e) DISTRIBUTION OF LABELS.— 
‘‘(1) SIMPLE VERSION.— 
‘‘(A) IN GENERAL.—An Organization shall 
distribute the simple version of the label devel-
oped by that Organization under subsection 
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