WIPPES Act

To direct the Administrator of the Environmental Protection Agency to establish a grant program to improve the effectiveness of education and outreach on Do Not Flush Do Not Flush 1. Short title This Act may be cited as the Wastewater Infrastructure Pollution Prevention and Environmental Safety Act WIPPES Act 2. Consumer education and outreach grant program (a) In general The Administrator of the Environmental Protection Agency (referred to in this section as the Administrator grant program Do Not Flush (b) Criteria The Administrator shall award grants under the grant program for projects that, by using one or more eligible activities described in subsection (d), inform and educate the public about— (1) the Do Not Flush (2) the types of covered products with the Do Not Flush (3) the purpose for the Do Not Flush (4) proper disposal methods for covered products. (c) Eligible entities (1) In general An entity that is eligible to receive a grant under the grant program is— (A) a State; (B) a unit of local government; (C) a Tribal government; (D) a nonprofit organization; or (E) a public-private partnership. (2) Coordination of activities Two or more entities described in paragraph (1) may receive a grant under the grant program to coordinate the provision of information to ratepayers and businesses within shared or combined service areas. (d) Eligible activities An eligible entity that receives a grant under the grant program may use the grant funds for activities including— (1) public service announcements; (2) a door-to-door education and outreach campaign; (3) social media and digital outreach; (4) an advertising campaign on Do Not Flush (5) the development and dissemination of— (A) a toolkit for a municipal and publicly owned treatment works; (B) notices advertising the presence of the label notice on covered products; (C) covered products that carry the Do Not Flush (D) notices describing the intended effects of the label notice on consumer behavior with respect to the disposal of covered products; (E) notices describing the adverse impacts that covered products have on sewer and wastewater infrastructure when improperly disposed; and (F) other materials for education and outreach to promote the proper disposal of covered products; and (6) other activities that the Administrator determines are appropriate to carry out the purposes of this section. (e) Prohibition on use of funds No funds may be awarded under the grant program for a public outreach campaign that promotes or advocates any wipes product that is not a covered product or falsely depicts a covered product as not a covered product. (f) Authorization There is authorized to be appropriated to the Administrator $5,000,000 for each of fiscal years 2023 through 2027 to carry out this section. 3. Do Not Flush (a) In general Not later than 2 years after the date of the enactment of this section, the Federal Trade Commission, in consultation with the Administrator of the Environmental Protection Agency, 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 (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. (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. 15 U.S.C. 1261 et seq. (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 (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) (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. (3) Penalty amounts Notwithstanding section 5 of the Federal Trade Commission Act ( 15 U.S.C. 45 (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 (j) Definitions In this Act: (1) Combined product The term combined product (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 (3) Covered entity The term covered entity (4) Covered product (A) In general The term covered product (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 (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 Do Not Flush (7) Principal display panel The term principal display panel (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 Do Not Flush

Summary: Wastewater Infrastructure Pollution Prevention and Environmental Safety Act or the WIPPES Act This bill requires the Federal Trade Commission to issue regulations requiring entities responsible for the labeling or retail packaging of certain premoistened, nonwoven wipes (e.g., baby wipes, cleaning wipes, or personal care wipes) to label such products clearly and conspicuously with the phrase Do Not Flush and accompanying symbol as depicted under specified industry guidelines. The commission is authorized to enforce this requirement. Additionally, the Environmental Protection Agency must award competitive grants to states, local or tribal governments, nonprofit organizations, or public-private partnerships to increase community outreach about such labels.