[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1350 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 1350

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 27, 2023

  Mr. Merkley (for himself, Ms. Collins, Mr. King, Mrs. Shaheen, Mr. 
   Wyden, Mr. Markey, Mr. Blumenthal, and Ms. Warren) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 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.
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