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March 22, 2026
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Download official Senate Record PDFReturn to issue contextWASTEWATER INFRASTRUCTURE POLLUTION PREVENTION AND ENVIRONMENTAL SAFETY
ACT
Mr. BARRASSO. Mr. President, I ask unanimous consent that the Senate proceed to the immediate consideration of Calendar No. 166, S. 1092.
The ACTING PRESIDENT pro tempore. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1092) to require certain products to be labeled
with `Do Not Flush' labeling, and for other purposes.
which had been reported from the Committee on Commerce, Science, and Transportation with an amendment to strike all after the enacting clause and insert the part printed in italic, as follows:
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 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 shall be treated as a violation of a rule
defining an unfair or deceptive act or practice prescribed
under section 18(a)(1)(B) of the Federal Trade Commission Act
(15 U.S.C. 57a(a)(1)(B)).
(2) Powers of commission.—The Commission shall enforce
this section 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.
(3) Privileges and immunities.—Any person who violates
this section shall be subject to the penalties and entitled
to the privileges and immunities provided in the Federal
Trade Commission Act (15 U.S.C. et seq.).
(4) Authority preserved.—Nothing in this section shall be
construed to limit the authority of the Commission under any
other provision of law.
(f) Commission Guidance.— Not later than 180 days after
the date of enactment of this Act, the Commission, in
consultation with the Administrator of the Environmental
Protection Agency, the Commissioner of Food and Drugs, the
Consumer Product Safety Commission, and any other agency
determined appropriate by the Commission, shall issue
guidance to assist covered entities in complying with the
requirements of this section.
(g) Limitation on Commission Guidance.—
(1) In general.—No guidance issued by the Commission with
respect to this section shall—
(A) confer any rights on any person, State, or locality; or
(B) bind the Commission or any person to the approach
recommended in such guidance.
(2) Specific violations.—In any enforcement action brought
under this section, the Commission shall allege a specific
violation of a provision of this section.
(3) No enforcement actions based on guidance.—The
Commission may not base an enforcement action on, or execute
a consent order based on, practices that are alleged to be
inconsistent with any guidance issued under this Act, unless
the practices allegedly violate this section.
(h) 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.
(i) 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 within 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).
(j) 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 and shall not apply to any covered
product packaged or sold before such date.
Mr. BARRASSO. Mr. President, I ask unanimous consent that the committee-reported substitute amendment be considered and agreed to; that the bill, as amended, be considered read a third time and passed; and that the motion to reconsider be considered made and laid upon the table.
The ACTING PRESIDENT pro tempore. Without objection, it is so ordered.
The bill (S. 1092), as amended, was ordered to be engrossed for a third reading, was read the third time, and passed.