[Congressional Record Volume 170, Number 98 (Tuesday, June 11, 2024)]
[House]
[Pages H3707-H3709]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1730
WASTEWATER INFRASTRUCTURE POLLUTION PREVENTION AND ENVIRONMENTAL SAFETY
ACT
Mr. BILIRAKIS. Mr. Speaker, I move to suspend the rules and pass the
bill (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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2964
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,
[[Page H3708]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Bilirakis) and the gentleman from New Jersey (Mr. Pallone)
each will control 20 minutes.
The Chair recognizes the gentleman from Florida.
General Leave
Mr. BILIRAKIS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on this particular bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. BILIRAKIS. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of H.R. 2964, the Wastewater
Infrastructure Pollution Prevention and Environmental Safety Act, or
the WIPPES Act.
Wastewater treatment systems have been increasingly impacted by clogs
resulting from the flushing of nonflushable wipes. These drainage
issues are expensive to repair and can be a headache for both
homeowners and municipalities.
Based on the available data, there is a disconnect between consumer
understanding of whether certain wipes products are flushable based on
the information directed toward consumers.
To address the ongoing infrastructure and environmental issues caused
by the misinformed flushing of nonflushable wipes, consumers must be
clearly notified when a wipe is nonflushable, which is what H.R. 2964
would achieve.
H.R. 2964 would require covered entities to label covered products
clearly and conspicuously with ``Do Not Flush'' labels and symbols.
Mr. Speaker, I thank Representative McClain from the great State of
Michigan. She is doing an outstanding job, and I thank her for her
leadership on this important issue.
Mr. Speaker, I encourage all of my colleagues to join me in
supporting this particular piece of legislation, and I reserve the
balance of my time.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise to speak in support of H.R. 2964, the WIPPES Act.
The improper disposal of nonflushable wipes can damage critical
plumbing and wastewater infrastructure and lead to environmental
contamination and pollution.
A 2020 analysis by the National Association of Clean Water Agencies
found that wipes result in approximately $441 million a year in
additional operating costs for our clean water utilities.
Stakeholders across the country have expressed the need for
manufacturers to clearly label their wet wipe products so consumers
know how to properly dispose of them. H.R. 2964, the WIPPES Act,
ensures that wipe manufacturers and other covered entities clearly and
conspicuously label nonflushable wipes as such.
Requiring ``Do Not Flush'' labels on the packaging of nonflushable
wipes sold in the United States will empower consumers to help protect
our plumbing and wastewater infrastructure and reduce pollution and
environmental contamination.
Mr. Speaker, I commend Representatives Peltola and McClain for their
leadership on this issue, and I reserve the balance of my time.
Mr. BILIRAKIS. Mr. Speaker, I yield 5 minutes to the gentlewoman from
Michigan (Mrs. McClain).
Mrs. McCLAIN. Mr. Speaker, I rise today in support of the WIPPES Act,
bipartisan, bicameral legislation that I introduced alongside
Congresswoman Peltola of Alaska, Senator Jeff Merkley of Oregon, and
Senator Susan Collins of Maine.
I thank my friend, Chairwoman Cathy McMorris Rodgers, for moving this
bill through the Energy and Commerce Committee and for the committee's
unanimous support.
According to the National Association of Clean Water Agencies, the
additional costs to wastewater treatment systems that nonflushable
wipes bring is more than $440 million, including more than $18 million
in my home State of Michigan. This jeopardizes critical infrastructure
in communities across the country, and costs to repair this damage are
often forced onto the taxpayer.
This bill aims to be a solution to this nearly half-billion-dollar
problem. Ensuring needed information is provided to consumers will
prevent damage to wastewater systems and actually save taxpayers
millions in repair costs.
We have worked with industry and wastewater systems around the
country to draft legislation, and I am glad to say this bill has the
full support of many of these organizations.
This commonsense legislation, based on laws adopted by several States
around the country, will help address this problem, protect our
wastewater systems from critical damage, and save taxpayer dollars.
Industry knows this. Wastewater stakeholders know this. The Energy and
Commerce Committee knows this, as well.
Again, I thank Chairwoman Rodgers and the Energy and Commerce
Committee for their support, and I urge the entire House to support
this bill.
Mr. PALLONE. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, again, this is an important bill in terms of protecting
our clean water. I urge everyone to support it on a bipartisan basis.
Mr. Speaker, I yield back the balance of my time.
Mr. BILIRAKIS. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, in closing, I urge a ``yes'' vote. This bill is
necessary. It is very practical. Let's get it out of the House as soon
as possible. I urge a ``yes'' vote.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Bilirakis) that the House suspend the rules
and pass the bill, H.R. 2964, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
[[Page H3709]]
Mr. BILIRAKIS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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