--- Reported (Senate)
+++ Engrossed (Senate)
@@ -1,277 +1,21 @@
[From the U.S. Government Publishing Office]
-[S. 1092 Reported in Senate (RS)]
+[S. 1092 Engrossed in Senate (ES)]
<DOC>
-Calendar No. 166
119th CONGRESS
-1st Session
+2d Session
S. 1092
-[Report No. 119-63]
+_______________________________________________________________________
+
+AN ACT
To require certain products to be labeled with `Do Not Flush' labeling,
and for other purposes.
-_______________________________________________________________________
-
-IN THE SENATE OF THE UNITED STATES
-
-March 24, 2025
-
-Mr. Merkley (for himself, Ms. Collins, Mr. Blumenthal, Mr. King, Mr.
-Markey, Mrs. Murray, Mr. Padilla, Mr. Wyden, Mrs. Shaheen, and Ms.
-Warren) introduced the following bill; which was read twice and
-referred to the Committee on Commerce, Science, and Transportation
-
-September 19 (legislative day, September 16), 2025
-
-Reported by Mr. Cruz, with an amendment
-[Strike out all after the enacting clause and insert the part printed
-in italic]
-
-_______________________________________________________________________
-
-A BILL
-
-To require certain products to be labeled with `Do Not Flush' labeling,
-and for other purposes.
-
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
-
-<DELETED>SECTION 1. SHORT TITLE.</DELETED>
-
-<DELETED> This Act may be cited as the ``Wastewater Infrastructure
-Pollution Prevention and Environmental Safety Act'' or the ``WIPPES
-Act''.</DELETED>
-
-<DELETED>SEC. 2. ``DO NOT FLUSH'' LABELING.</DELETED>
-
-<DELETED> (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).</DELETED>
-<DELETED> (b) Requirements.--</DELETED>
-<DELETED> (1) Cylindrical packaging.--In the case of a
-covered product sold in cylindrical or near-cylindrical
-packaging, and intended to dispense individual wipes--
-</DELETED>
-<DELETED> (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</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (2) Flexible film packaging.--In the case of a
-covered product sold in flexible film packaging, and intended
-to dispense individual wipes--</DELETED>
-<DELETED> (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</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (5) Bulk packaging.--</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (B) Exemption.--The following shall be
-exempt from the requirements of subparagraph
-(A):</DELETED>
-<DELETED> (i) Individually packaged covered
-products that are contained within outer
-packaging, are not intended to dispense
-individual wipes, and have no retail
-labeling.</DELETED>
-<DELETED> (ii) Outer packaging that does not
-obscure the symbol and label notice on
-individually packaged covered products
-contained within.</DELETED>
-<DELETED> (6) Packaging of combined products.--</DELETED>
-<DELETED> (A) Outer packaging.--The outer packaging
-of combined products shall be exempt from the symbol
-and label notice requirements of subsection
-(a).</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (c) Reasonable Visibility of Symbol and Label Notice.--
-</DELETED>
-<DELETED> (1) In general.--A covered entity shall ensure
-that--</DELETED>
-<DELETED> (A) packaging seams or folds or other
-packaging design elements do not obscure the symbol or
-label notice;</DELETED>
-<DELETED> (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</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (e) Enforcement by Federal Trade Commission.--</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (4) Authority preserved.--Nothing in this section
-may be construed to limit the authority of the Commission under
-any other provision of law.</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (g) Definitions.--In this section:</DELETED>
-<DELETED> (1) Combined product.--The term ``combined
-product'' means two or more products sold in shared retail
-packaging, of which--</DELETED>
-<DELETED> (A) at least one of the products is a
-covered product; and</DELETED>
-<DELETED> (B) at least one of the products is
-another consumer product intended to be used in
-combination with such covered product.</DELETED>
-<DELETED> (2) Commission.--The term ``Commission'' means the
-Federal Trade Commission.</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (4) Covered product.--</DELETED>
-<DELETED> (A) In general.--The term ``covered
-product'' means a premoistened, nonwoven disposable
-wipe sold or offered for retail sale--</DELETED>
-<DELETED> (i) that is marketed as a baby
-wipe or diapering wipe; or</DELETED>
-<DELETED> (ii) that is a household or
-personal care wipe (including a wipe described
-in subparagraph (B)) that--</DELETED>
-<DELETED> (I) is composed entirely,
-or in part, of petrochemical-derived
-fibers; and</DELETED>
-<DELETED> (II) has significant
-potential to be flushed.</DELETED>
-<DELETED> (B) Inclusions.--The wipes described in
-this subparagraph are--</DELETED>
-<DELETED> (i) antibacterial wipes and
-disinfecting wipes;</DELETED>
-<DELETED> (ii) wipes intended for general
-purpose cleaning or bathroom cleaning,
-including toilet cleaning and hard surface
-cleaning; and</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (5) High contrast.--The term ``high contrast''
-means, with respect to the symbol or label notice, that such
-symbol or label notice--</DELETED>
-<DELETED> (A) is either light on a solid dark
-background or dark on a solid light background;
-and</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (6) Label notice.--The term ``label notice'' means
-the written phrase ``Do Not Flush''.</DELETED>
-<DELETED> (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--
-</DELETED>
-<DELETED> (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</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (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.</DELETED>
-<DELETED> (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.</DELETED>
SECTION 1. SHORT TITLE.
@@ -498,25 +242,21 @@
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.
-Calendar No. 166
-
+
+Passed the Senate March 22, 2026.
+
+Attest:
+
+Secretary.
119th CONGRESS
-1st Session
+2d Session
S. 1092
-[Report No. 119-63]
-
_______________________________________________________________________
-A BILL
+AN ACT
To require certain products to be labeled with `Do Not Flush' labeling,
and for other purposes.
-
-_______________________________________________________________________
-
-September 19 (legislative day, September 16), 2025
-
-Reported with an amendment