[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2964 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 371
118th CONGRESS
  2d Session
                                H. R. 2964

                          [Report No. 118-447]

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

                             April 5, 2024

            Additional sponsors: Ms. Perez and Ms. Brownley

                             April 5, 2024

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on April 
                               27, 2023]


_______________________________________________________________________

                                 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.--A covered entity shall label a covered product 
clearly and conspicuously with the label notice and symbol, in 
accordance with subsections (b) and (c).
    (b) Requirements.--
            (1) Cylindrical packaging.--In the case of a covered 
        product sold in cylindrical or near-cylindrical packaging, and 
        intended to dispense individual wipes--
                    (A) the symbol and label notice shall be displayed 
                on the principal display panel in a clear and 
                conspicuous location reasonably visible to the user 
                each time a wipe is dispensed; or
                    (B) the symbol shall be displayed on the principal 
                display panel and the label notice, or a combination of 
                the label notice and symbol, shall be displayed 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 the case of a covered 
        product sold in flexible film packaging, and intended to 
        dispense individual wipes--
                    (A) the symbol shall be displayed 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 shall be displayed on either 
                the principal display panel or the dispensing side 
                panel, in a clear and conspicuous location reasonably 
                visible to the user each time a wipe is dispensed.
            (3) Rigid packaging.--In the case of a covered product sold 
        in a refillable tub or other rigid packaging that may be reused 
        by a customer, and that is intended to dispense individual 
        wipes, the symbol and label notice shall be displayed on the 
        principal display panel in a clear and conspicuous location 
        reasonably visible to the user each time a wipe is dispensed.
            (4) Packaging not intended to dispense individual wipes.--
        In the case of a covered product sold in packaging that is not 
        intended to dispense individual wipes, the symbol and label 
        notice shall be displayed on the principal display panel in a 
        clear and conspicuous location reasonably visible to the user 
        of the covered product.
            (5) Bulk packaging.--
                    (A) In general.--In the case of a covered product 
                sold in bulk at retail, the symbol and label notice 
                shall be displayed on both the outer packaging visible 
                at retail and the individual packaging contained within 
                the outer packaging.
                    (B) Exemption.--The following shall be exempt from 
                the requirements of subparagraph (A):
                            (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.--The outer packaging of 
                combined products shall be exempt from the symbol and 
                label notice requirements of subsection (a).
                    (B) Packages less than 3 by 3 inches.--In the case 
                of 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 shall be 
                considered to be labeled clearly and conspicuously.
    (c) Reasonable Visibility of Symbol and Label Notice.--
            (1) In general.--A covered entity shall ensure 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.--A covered entity 
        may display a symbol and label notice either adjacent to 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) Representations of Flushability.--With respect to a covered 
product, a covered entity may not make any express or implied 
representation that such covered product can or should be flushed.
    (e) Enforcement by Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        this section or any regulation promulgated under this section 
        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.--The Commission shall enforce 
        this section and any regulations promulgated under this section 
        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 this section or any regulation promulgated 
        under this section shall be subject to the penalties and 
        entitled to the privileges and immunities provided in the 
        Federal Trade Commission Act.
            (3) Regulations.--The Commission may promulgate regulations 
        under section 553 of title 5, United States Code, to implement 
        this section. In developing the regulations, the Commission may 
        consult with the Administrator of the Environmental Protection 
        Agency, the Commissioner of Food and Drugs, the Consumer 
        Product Safety Commission, or any other agency as appropriate.
            (4) Authority preserved.--Nothing in this section may be 
        construed to limit the authority of the Commission under any 
        other provision of law.
    (f) Preemption of State Laws.--No State or political subdivision of 
a State may directly or indirectly establish or continue in effect, 
under any authority, requirements with respect to the ``Do Not Flush'' 
labeling of covered products that are not identical to the requirements 
of this section and the regulations promulgated under this section.
    (g) Definitions.--In this section:
            (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, individual or group of 
        individuals, or retailer that is responsible for the labeling 
        or retail packaging of a covered product that is sold or 
        offered for retail 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 a wipe 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) State.--The term ``State'' means each State of the 
        United States, the District of Columbia, and each commonwealth, 
        territory, or possession of the United States.
            (9) Symbol.--The term ``symbol'' means the ``Do Not Flush'' 
        symbol, as depicted in the most recent edition of the 
        Guidelines for Assessing the Flushability of Disposable 
        Nonwoven Products published by the Association of the Nonwoven 
        Fabrics Industry (INDA) and the European Disposables And 
        Nonwovens Association (EDANA), or an otherwise equivalent 
        symbol adopted by the Commission through rulemaking under this 
        section.
    (h) Effective Date.--This section shall apply to a covered entity 
beginning on the date that is 1 year after the date of the enactment of 
this Act.
            Amend the title so as to read: ``A bill to require certain 
        products to be labeled with `Do Not Flush' labeling, and for 
        other purposes.''.
                                                 Union Calendar No. 371

118th CONGRESS

  2d Session

                               H. R. 2964

                          [Report No. 118-447]

_______________________________________________________________________

                                 A BILL

To require the Federal Trade Commission to issue regulations requiring 
   certain products to have ``Do Not Flush'' labeling, and for other 
                               purposes.

_______________________________________________________________________

                             April 5, 2024

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed