[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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