[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4186 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4186
To eliminate toxic substances in beverage containers, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 18, 2024
Mr. Welch (for himself, Mr. Merkley, Mr. Booker, and Mr. Van Hollen)
introduced the following bill; which was read twice and referred to the
Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To eliminate toxic substances in beverage containers, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Banning Toxics from Plastic Bottles
Act of 2024''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Beverage.--
(A) In general.--The term ``beverage'' means any
drinkable liquid intended for human oral consumption,
including--
(i) water;
(ii) flavored water;
(iii) soda water;
(iv) mineral water;
(v) beer;
(vi) a malt beverage;
(vii) a carbonated soft drink;
(viii) liquor;
(ix) tea;
(x) coffee;
(xi) hard cider;
(xii) fruit juice;
(xiii) an energy or sports drink;
(xiv) coconut water;
(xv) wine;
(xvi) a yogurt drink;
(xvii) a probiotic drink;
(xviii) a wine cooler; and
(xix) any other beverage determined to be
appropriate by the Administrator.
(B) Exclusions.--The term ``beverage'' does not
include--
(i) a drug regulated under the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.);
(ii) infant formula; or
(iii) a meal replacement liquid.
(3) Beverage container.--
(A) In general.--The term ``beverage container''
means a prepackaged container that--
(i) is designed to hold a beverage;
(ii) is made of any material, including
glass, plastic, and metal; and
(iii) has a volume of not more than 3
liters.
(B) Exclusions.--The term ``beverage container''
does not include--
(i) a carton; or
(ii) aseptic packaging, such as a drink
box.
(4) Brand.--
(A) In general.--The term ``brand'' means any mark,
word, name, symbol, design, device, or graphic element
that--
(i) identifies a product; and
(ii) distinguishes the product from other
products.
(B) Inclusions.--The term ``brand'' includes--
(i) any combination of 2 or more marks,
words, names, symbols, designs, devices, or
graphic elements described in subparagraph (A);
and
(ii) any registered or unregistered
trademark.
(5) Plastic.--
(A) In general.--The term ``plastic'' means a
synthetic or semisynthetic material that is--
(i) synthesized by the polymerization of
organic substances; and
(ii) capable of being shaped into various
rigid and flexible forms.
(B) Inclusions.--The term ``plastic'' includes any
coating or adhesive described in subparagraph (A).
(6) Product line.--The term ``product line'' means a group
of related products marketed under a single brand name that--
(A) is sold, offered for sale, or distributed by a
distributor in the United States, including through an
internet transaction; and
(B) is used by the distributor for the purpose of
distinguishing those products from other, similar
products for better usability for consumers.
(7) Retailer.--
(A) In general.--The term ``retailer'' means an
entity located in the United States that--
(i) engages in the sale of beverage
containers to a consumer; or
(ii) provides beverage containers to an
individual or entity in commerce, including
provision free of charge, such as at a
workplace or event.
(B) Inclusion.--The term ``retailer'' includes an
entity located in the United States that engages in the
sale of, or provides, beverage containers as described
in subparagraph (A) through a vending machine or
similar means.
(8) Single-use.--The term ``single-use'', with respect to a
beverage container, means that the beverage container is
routinely disposed of, recycled, or otherwise discarded after 1
use.
(9) Toxic substance.--
(A) In general.--The term ``toxic substance'' means
any substance, mixture, or compound that--
(i) may cause--
(I) personal injury or disease to
humans through ingestion, inhalation,
or absorption through any body surface;
or
(II) adverse impacts on the
environment; and
(ii) satisfies 1 or more of the conditions
described in subparagraph (B).
(B) Conditions.--The conditions referred to in
subparagraph (A)(ii) are the following:
(i) The substance, mixture, or compound is
subject to reporting requirements under--
(I) the Emergency Planning and
Community Right-To-Know Act of 1986 (42
U.S.C. 11001 et seq.);
(II) the Comprehensive
Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C.
9601 et seq.); or
(III) section 112(r) of the Clean
Air Act (42 U.S.C. 7412(r)).
(ii) The National Institute for
Occupational Safety and Health, the
Occupational Safety and Health Administration,
the National Toxicology Program, the Centers
for Disease Control and Prevention, the
Administrator of Health and Human Services, the
National Institute for Environmental Health
Sciences, or the Environmental Protection
Agency has established that the substance,
mixture, or compound poses an acute or chronic
health hazard, including developmental,
reproductive, or endocrine effects.
(iii) The National Institute for
Occupational Safety and Health or the
Environmental Protection Agency has recognized
that the substance, mixture, or compound may
increase the risk of developing a latent
disease.
(iv) The substance, mixture, or compound
is--
(I) a perfluoroalkyl or
polyfluoroalkyl substance;
(II) an orthophthalate;
(III) a bisphenol compound (but not
including an alkyl-substituted
bisphenol compound generated through a
xylenol-aldehyde process);
(IV) a halogenated or nanoscale
flame-retardant chemical;
(V) UV 328 (2-(2H-benzotriazol-2-
yl)-4,6-di-tert-pentylphenol);
(VI) a chlorinated paraffin;
(VII) listed as a persistent
organic pollutant by the Stockholm
Convention on Persistent Organic
Pollutants;
(VIII) given an overall
carcinogenicity evaluation of Group 1,
Group 2A, or Group 2B by the
International Agency for Research on
Cancer; or
(IX) listed as a toxic, poisonous,
explosive, corrosive, flammable,
ecotoxic, or infectious waste by the
Basel Convention on the Control of
Transboundary Movements of Hazardous
Wastes and Their Disposal, done at
Basel, Switzerland, March 22, 1989.
(v) The substance, mixture, or compound is
a chemical or chemical class that, as
determined by the Administrator, has been
identified by a Federal agency, State agency,
or international intergovernmental agency as
being 1 or more of the following:
(I) A carcinogen, mutagen,
reproductive toxicant, immunotoxicant,
neurotoxicant, or endocrine disruptor.
(II) A persistent bioaccumulative.
(III) A chemical or chemical class
that may--
(aa) harm the normal
development of a fetus or child
or cause other developmental
toxicity in humans or wildlife;
(bb) harm organs or cause
other systemic toxicity; or
(cc) have an adverse impact
on--
(AA) air quality;
(BB) ecology;
(CC) soil quality;
or
(DD) water quality.
(IV) A chemical or chemical class
that has toxicity equivalent to the
toxicity reflected in a criterion
described in any of subclauses (I)
through (III).
SEC. 3. ELIMINATION OF TOXIC SUBSTANCES IN BEVERAGE CONTAINERS.
(a) Prohibition.--Effective beginning on the date that is 2 years
after the date of enactment of this Act, no retailer may sell, offer
for sale, or distribute any single-use beverage container that--
(1) is composed wholly or partially of polyethylene
terephthalate glycol;
(2) is opaque or pigmented a color other than transparent
blue or transparent green;
(3) contains polyethylene glycol; or
(4) contains a toxic substance.
(b) Penalty.--
(1) In general.--A retailer that violates a prohibition
under subsection (a) shall be subject to a fine for each
violation.
(2) Treatment of product lines.--For purposes of this
section, each product line of beverage containers shall be
considered to be a separate violation of this section if any
beverage container included in the product line is a beverage
container described in subsection (a).
(3) Maximum amount.--The amount of a fine under this
subsection shall be not more than $50,000 per violation.
(4) Deposits.--Fines collected under this subsection shall
be deposited into the Local Clean Up of Plastics Fund
established by section 4(a).
SEC. 4. GRANTS TO LOCAL GOVERNMENTS FOR SOLID WASTE AND WATER SYSTEM
INFRASTRUCTURE IMPROVEMENTS.
(a) Establishment of Fund.--There is established in the Treasury of
the United States a fund, to be known as the ``Local Clean Up of
Plastics Fund''.
(b) Use of Fund.--Amounts in the Fund shall be available to the
Administrator, without further appropriation or fiscal year limitation,
to make competitively awarded grants to units of local government for
projects to make improvements to solid waste infrastructure, water
system infrastructure, recycling facilities, and composting facilities,
for the purpose of increasing the rate of diversion of waste from
landfills or complying with environmental regulations relating to such
infrastructure or facilities, including--
(1) the remediation of toxic substances;
(2) improving water filtration;
(3) replacing broken infrastructure;
(4) expanding infrastructure; and
(5) educational programming relating to such infrastructure
or facilities.
(c) Priority.--In making grants under subsection (b), the
Administrator shall give priority to projects that would serve--
(1) a rural area (as defined in section 203(b) of the Rural
Electrification Act of 1936 (7 U.S.C. 924(b))); or
(2) an underserved community, as determined by the
Administrator.
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