Wastewater Infrastructure Pollution Prevention and Environmental Safety Act or the WIPPES Act
This bill requires entities responsible for the labeling or retail packaging of certain premoistened, nonwoven wipes (e.g., baby wipes, cleaning wipes, or personal care wipes) to label such products clearly and conspicuously with the phrase Do Not Flush and accompanying symbol as depicted under specified industry guidelines.
The Federal Trade Commission is authorized to issue related regulations and enforce this requirement.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2964 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2964
To require the Federal Trade Commission to issue regulations requiring
certain products to have ``Do Not Flush'' labeling, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Mrs. McClain (for herself and Mrs. Peltola) introduced the following
bill; which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require the Federal Trade Commission to issue regulations requiring
certain products to have ``Do Not Flush'' labeling, 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 ``Wastewater Infrastructure Pollution
Prevention and Environmental Safety Act'' or the ``WIPPES Act''.
SEC. 2. ``DO NOT FLUSH'' LABELING.
(a) In General.--
(1) Regulations.--Not later than 2 years after the date of
enactment of this section, the Federal Trade Commission shall
issue regulations under section 553 of title 5, United States
Code, requiring covered entities to label covered products
clearly and conspicuously with ``Do Not Flush'' label notices
and symbols in accordance with this section.
(2) Consultation with other agencies.--In developing the
regulations required under paragraph (1), the Federal Trade
Commission may consult with the Administrator of the
Environmental Protection Agency, the Commissioner of Food and
Drugs, and the Consumer Product Safety Commission as
appropriate depending on the type of covered product involved.
(b) Requirements.--
(1) Cylindrical packaging.--In issuing regulations under
subsection (a), the Commission shall require a covered product
sold in cylindrical 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 dispensed; 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 manner that covers at
least 8 percent of the surface area of the flip lid.
(2) Flexible film packaging.--In issuing regulations under
subsection (a), the Commission shall require a covered 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 either the principal
display 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 (a), the Commission shall require a covered product
sold in a refillable tub or other rigid packaging that may be
reused by a customer, 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 subsection (a), the Commission
shall require a covered product sold in packaging that is not
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 of the covered product.
(5) Bulk packaging.--
(A) In general.--In issuing regulations under
subsection (a), the Commission shall require a covered
product sold in bulk at retail to have labeling in
compliance with such regulations on both the outer
packaging visible at retail and the individual
packaging contained within the outer packaging.
(B) Exemption.--The Commission shall exempt from
the requirements under subparagraph (A) the following:
(i) Individually packaged covered products
that are contained within outer packaging, are
not intended to dispense individual wipes, and
have no retail labeling.
(ii) Outer packaging that does not obscure
the symbol and label notice on individually
packaged covered products contained within.
(6) Packaging of combined products.--
(A) Outer packaging.--In issuing regulations under
subsection (a), the Commission shall exempt the outer
packaging of a combined product from the requirements
of such regulations.
(B) Packages less than 3 by 3 inches.--In issuing
regulations under subsection (a), the Commission shall
provide that, with respect to a covered 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 product,
such covered product is considered to be labeled
clearly and conspicuously in accordance with such
regulations.
(c) Reasonable Visibility of Symbol and Label Notice.--
(1) In general.--In requiring the symbol and label notice
under this section, the Commission 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) the symbol and label notice have high contrast
with the immediate background of the packaging so that
such 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 notice.--In requiring the
symbol and label notice under this section, the Commission 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) does not apply to an
embossed symbol or label notice on the flip lid of a covered
product sold in cylindrical or near-cylindrical packaging.
(d) Additional Words or Phrases.--In issuing regulations under
subsection (a), the Commission shall allow additional words or phrases
on a covered product that describe consequences associated with
flushing or disposing of such covered product, if such words or phrases
are consistent with the purposes of this section.
(e) Representations of Flushability.--In issuing regulations under
subsection (a), the Commission shall prohibit, with respect to a
covered product, the representation or marketing of flushable
attributes, performance, or efficacy benefits.
(f) Compliance With Other Requirements.--
(1) FIFRA requirements.--
(A) In general.--Not later than 2 years after the
date of the enactment of this Act, the Commission and
the Administrator of the Environmental Protection
Agency, acting jointly, shall issue regulations that,
with respect to a covered product that contains a
pesticide required to be registered under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136 et seq.), include the following:
(i) Instructions describing how such a
covered product may comply with the
requirements of such Act and the regulations
issued under subsection (a).
(ii) A requirement that, not later than 90
days after the date on which regulations are
issued under this subparagraph, a covered
entity shall submit for approval by the
Administrator of the Environmental Protection
Agency a product label compliant with such
instructions.
(B) Enforcement.--For purposes of subsection (h), a
violation of a regulation issued under subparagraph (A)
shall be treated as a violation of a regulation issued
under subsection (a).
(2) Type size exception.--If the label notice type size
otherwise required by the regulations issued under subsection
(a) for a covered product would conflict with a labeling
requirement under the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.) or the Federal Hazardous
Substances Act (15 U.S.C. 1261 et seq.), the Commission may, in
issuing such regulations, provide for a label notice type size
requirement for the covered product under this section that--
(A) in the case of a covered product required to
display a warning pursuant to the Federal Insecticide,
Fungicide, and Rodenticide Act regarding a pesticide in
such covered product, requires a type size for the
label notice under this paragraph that is equal to or
greater than the type size required for the ``keep out
of reach of children'' statement under such Act; and
(B) in the case of a covered product required to
contain first aid instructions pursuant to the Federal
Hazardous Substances Act, requires a type size for the
label notice under this paragraph that is equal to or
greater than the type size required for such first aid
instructions.
(g) Applicability.--The Commission shall provide that the
regulations issued under subsection (a) apply with respect to covered
products manufactured on or after the date that is 90 days after the
date on which such regulations are issued.
(h) Enforcement by Federal Trade Commission.--
(1) Unfair or deceptive acts or practices.--A violation of
a regulation promulgated under subsection (a) shall be treated
as a violation of a regulation under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding
unfair or deceptive acts or practices.
(2) Powers of commission.--Except as provided in paragraph
(3), the Commission shall enforce the regulations promulgated
under subsection (a) in the same manner, by the same means, and
with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission
Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this section, and any person who violates such a
regulation shall be subject to the penalties and entitled to
the privileges and immunities provided in the Federal Trade
Commission Act.
(3) Penalty amounts.--Notwithstanding section 5 of the
Federal Trade Commission Act (15 U.S.C. 45), any civil
penalties imposed under such section with respect to a
violation of a regulation promulgated under subsection (a) of
this section shall be in accordance with the following:
(A) A fine of not more than $2,500 for each day
that a violation occurs.
(B) In no event may the total amount of fines
imposed for a single violation exceed $100,000.
(i) Preemption of State Laws.--No State or political subdivision of
a State may directly or indirectly establish or continue in effect
under any authority restrictions with respect to the ``Do Not Flush''
labeling of covered products that are not identical to the restrictions
under this section.
(j) Definitions.--In this Act:
(1) Combined product.--The term ``combined product'' means
two or more products sold in shared retail packaging, of
which--
(A) at least one of the products is a covered
product; and
(B) at least one of the products is another
consumer product intended to be used in combination
with such covered product.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Covered entity.--The term ``covered entity'' means a
manufacturer, wholesaler, supplier, or retailer that is
responsible for the labeling or retail packaging of a covered
product that is sold or offered for sale in the United States.
(4) Covered product.--
(A) In general.--The term ``covered product'' means
a premoistened, nonwoven disposable wipe sold or
offered for retail sale--
(i) that is marketed as a baby wipe or
diapering wipe; or
(ii) that is a household or personal care
wipe (including wipes described in subparagraph
(B)) that--
(I) is composed entirely, or in
part, of petrochemical-derived fibers;
and
(II) has significant potential to
be flushed.
(B) Inclusions.--The wipes described in this
subparagraph are--
(i) antibacterial wipes and disinfecting
wipes;
(ii) wipes intended for general purpose
cleaning or bathroom cleaning, including toilet
cleaning and hard surface cleaning; 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.
(5) High contrast.--The term ``high contrast'' means, with
respect to the symbol or label notice, that such symbol or
label notice--
(A) is either light on a solid dark background or
dark on a solid light background; and
(B) has a contrast percentage of at least 70
percent between such symbol or label notice and the
background, using the formula (B1 - B2) / B1 * 100 =
contrast percentage, where B1 is the light reflectance
value of the lighter area and B2 is the light
reflectance value of the darker area.
(6) Label notice.--The term ``label notice'' means the
written phrase ``Do Not Flush''.
(7) Principal display panel.--The term ``principal display
panel'' means the side of a product package that is most likely
to be displayed, presented, or shown under customary conditions
of display for retail sale, and--
(A) 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
(B) in the case of a flexible film package in which
a rectangular prism or near-rectangular 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.
(8) Symbol.--The term ``symbol'' means the ``Do Not Flush''
symbol, as depicted in the Guidelines for Assessing the
Flushability of Disposable Nonwoven Products (Edition 4; May
2018) published by the Association of the Nonwoven Fabrics
Industry (INDA) and the European Disposables And Nonwovens
Association (EDANA), or an otherwise identical symbol depicting
an individual of another gender.
<all>
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Innovation, Data, and Commerce.
Subcommittee Consideration and Mark-up Session Held
Forwarded by Subcommittee to Full Committee by Voice Vote.
Committee Consideration and Mark-up Session Held
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 42 - 0.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 118-447.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 118-447.
Placed on the Union Calendar, Calendar No. 371.
Mr. Bilirakis moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H3707-3709)
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DEBATE - The House proceeded with forty minutes of debate on H.R. 2964.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H3709-3710)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 351 - 56 (Roll no. 249). (text: CR H3707-3708)
Roll Call #249 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 351 - 56 (Roll no. 249). (text: CR H3707-3708)
Roll Call #249 (House)Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.