[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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