[Congressional Record Volume 171, Number 107 (Monday, June 23, 2025)]
[House]
[Pages H2852-H2854]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WASTEWATER INFRASTRUCTURE POLLUTION PREVENTION AND ENVIRONMENTAL SAFETY
ACT
Mr. BILIRAKIS. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2269) to require certain products to be labeled with ``Do
Not Flush'' labeling, and for other purposes.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2269
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--
[[Page H2853]]
(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.
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.
{time} 1500
General Leave
Mr. BILIRAKIS. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days in which to revise and extend their remarks and
include extraneous material in the Record 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 today in support of H.R. 2269, the Wastewater
Infrastructure Pollution Prevention and Environmental Safety Act, or
the WIPPES Act, led by Representative McClain. The bipartisan,
bicameral bill mandates wet wipe manufacturers to label their products
as nonflushable. In doing so, it will provide consumers with clearer
guidance, thereby saving local water utilities millions of dollars a
year from preventable sewer blockages.
I appreciate Chairperson McClain's efforts to advance the WIPPES Act,
along with Senator Merkley and Representative Mullin.
Mr. Speaker, I urge my colleagues to pass this bill, H.R. 2269, 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. 2269, the WIPPES Act.
The improper disposal of nonflushable wipes can damage plumbing and
lead to environmental contamination and pollution. Environmentalists
from 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.
This bill ensures that wipe manufacturers, and other covered
entities, clearly and conspicuously label nonflushable wipes as just
that.
By requiring these labels on the packaging of all nonflushable wipes,
this bill will help ensure our plumbing and wastewater treatment
facilities do not break down as a result of these wipes.
However, the implementation and enforcement of this bill requires a
strong, independent, and bipartisan Federal Trade Commission. House
Republicans have stood by in silence as this critical agency is being
compromised by President Trump's illegal attempts to remove the two
Democratic commissioners from their posts, undermining the legitimacy
and transparency of the FTC.
Mr. Speaker, I urge my Republican colleagues to stand up for the two
representatives, or I should say for the restoration of an independent
FTC, to ensure this bill and the many others that are tasked with
implementing are fully effective and enforced without fear or favor. We
need a strong FTC.
I commend Representatives Mullin and McClain for their leadership of
[[Page H2854]]
this issue. Mr. Speaker, I urge all of my colleagues to support this
bill, and I reserve the balance of my time.
Mr. BILIRAKIS. Mr. Speaker, I yield such time as she may consume to
the gentlewoman from Texas (Mrs. McClain).
Mrs. McCLAIN. Mr. Speaker, I rise today to urge support for my bill,
the Wastewater Infrastructure Pollution Prevention and Environmental
Safety Act, better known as the WIPPES Act.
This commonsense, bipartisan bill addresses a costly and growing
problem in our communities. Every year, Michiganders' water utilities
spend over $18 million responding to clogs and damage caused by
nonflushable wipes. These products, when disposed of incorrectly,
create massive blockages in our wastewater systems, which lead to
backups, environmental hazards, costly repairs, and, ultimately, higher
rates for our constituents.
The solution is simple: clear, honest labeling.
This bill does not ban wipes. It does not burden small businesses. It
simply requires manufacturers to label packaging for wipes that aren't
designed to be flushed.
This legislation isn't just about preventing clogged pipes. It is
about protecting taxpayer dollars and ensuring our infrastructure can
last for years to come.
The WIPPES Act passed the House last Congress with overwhelming
bipartisan support, and I am proud to lead this legislation alongside
Congressman Kevin Mullin again this Congress and call on the Senate to
take it up.
Functioning infrastructure and lower utility costs are not partisan
issues. They are priorities we should all share.
Let's pass the WIPPES Act. Let's give our local public works
departments, utilities, and consumers the tools they need to keep our
systems flowing and our communities safe.
Mr. BILIRAKIS. Mr. Speaker, I have no additional speakers, and I
reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, I urge support for this legislation. I do
think that from an environmental point of view and to protect our waste
treatment facilities this is important legislation, and I yield back
the balance of my time.
Mr. BILIRAKIS. Mr. Speaker, in closing, I encourage a ``yes'' vote on
this particular bill, and 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. 2269.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________