,,ii #aagth ,,congress #b;d ,session ,s4 #cief ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #cj1 #bjbb,mr4 ,merkley 7for himself and ,ms4 ,collins7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,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 labeling1 and to require the ,federal ,trade ,commission1 in consultation with the ,administrator1 to issue regulations requiring certain products to have ,do ,not ,flush labeling1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,wastewater ,infrastructure ,pollution ,prevention and ,environmental ,safety ,act or the ,,wippes ,act4 #b4 ,consumer education and outreach grant program 7a7 ,in general ,the ,administrator of the ,environmental ,protection ,agency 7referred to in this section as the ,administrator7 shall establish a program 7referred to in this section as the grant program7 to award competitive grants to eligible entities to improve the effectiveness of residential and community education and outreach on ,do ,not ,flush labels4 7b7 ,criteria ,the ,administrator shall award grants under the grant program for projects that1 by using one or more eligible activities described in subsection 7d71 inform and educate the public about-- 7#a7 the ,do ,not ,flush label printing on covered products2 7#b7 the types of covered products with the ,do ,not ,flush label2 7#c7 the purpose for the ,do ,not ,flush labeling requirement and the adverse impacts to water collection and wastewater treatment infrastructure of the improper disposal of covered products2 and 7#d7 proper disposal methods for covered products4 7c7 ,eligible entities 7#a7 ,in general ,an entity that is eligible to receive a grant under the grant program is-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a ,tribal government2 7,d7 a nonprofit organization2 or 7,e7 a public-private partnership4 7#b7 ,coordination of activities ,two or more entities described in paragraph 7#a7 may receive a grant under the grant program to coordinate the provision of information to ratepayers and businesses within shared or combined service areas4 7d7 ,eligible activities ,an eligible entity that receives a grant under the grant program may use the grant funds for activities including-- 7#a7 public service announcements2 7#b7 a door-to-door education and outreach campaign2 7#c7 social media and digital outreach2 7#d7 an advertising campaign on ,do ,not ,flush label awareness2 7#e7 the development and dissemination of-- 7,a7 a toolkit for a municipal and publicly owned treatment works2 7,b7 notices advertising the presence of the label notice on covered products2 7,c7 covered products that carry the ,do ,not ,flush label2 7,d7 notices describing the intended effects of the label notice on consumer behavior with respect to the disposal of covered products2 7,e7 notices describing the adverse impacts that covered products have on sewer and wastewater infrastructure when improperly disposed2 and 7,f7 other materials for education and outreach to promote the proper disposal of covered products2 and 7#f7 other activities that the ,administrator determines are appropriate to carry out the purposes of this section4 7e7 ,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 product4 7f7 ,authorization ,there is authorized to be appropriated to the ,administrator #e1jjj1jjj for each of fiscal years #bjbc through #bjbg to carry out this section4 #c4 ,do ,not ,flush labeling 7a7 ,in general ,not later than #b years after the date of the enactment of this section1 the ,federal ,trade ,commission1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 shall issue regulations under section #eec of title #e1 ,united ,states ,code1 requiring covered entities to label covered products clearly and conspicuously with ,do ,not ,flush label notices and symbols in accordance with this section4 7b7 ,requirements 7#a7 ,cylindrical packaging ,in issuing regulations under subsection 7a71 the ,commission shall require a covered product sold in cylindrical or near-cylindrical packaging1 and intended to dispense individual wipes1 to have-- 7,a7 the symbol and label notice on the principal display panel in a location reasonably visible to the user each time a wipe is dispensed2 or 7,b7 the symbol on the principal display panel and the label notice1 or a combination of the label notice and symbol1 on a flip lid in a manner that covers at least #h percent of the surface area of the flip lid4 7#b7 ,flexible film packaging ,in issuing regulations under subsection 7a71 the ,commission shall require a covered product sold in flexible film packaging1 and intended to dispense individual wipes1 to have-- 7,a7 the symbol on the principal display panel and1 if the principal display panel is not on the dispensing side of the packaging1 on the dispensing side panel2 and 7,b7 the label notice on either the principal display panel or the dispensing side panel1 in a prominent location reasonably visible to the user each time a wipe is dispensed4 7#c7 ,rigid packaging ,in issuing regulations under subsection 7a71 the ,commission shall require a covered product sold in a refillable tub or other rigid packaging that may be reused by a customer1 and intended to dispense individual wipes1 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 dispensed4 7#d7 ,packaging not intended to dispense individual wipes ,in issuing regulations under subsection 7a71 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 product4 7#e7 ,bulk packaging 7,a7 ,in general ,in issuing regulations under subsection 7a71 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 packaging4 7,b7 ,exemption ,the ,commission shall exempt from the requirements under subparagraph 7,a7 the following3 7i7 ,individually packaged covered products that are contained within outer packaging1 are not intended to dispense individual wipes1 and have no retail labeling4 7ii7 ,outer packaging that does not obscure the symbol and label notice on individually packaged covered products contained within4 7#f7 ,packaging of combined products 7,a7 ,outer packaging ,in issuing regulations under subsection 7a71 the ,commission shall exempt the outer packaging of a combined product from the requirements of such regulations4 7,b7 ,packages less than #c by #c inches ,in issuing regulations under subsection 7a71 the ,commission shall provide that1 with respect to a covered product in packaging smaller than #c inches by #c inches 7such as an individually packaged wipe in tear-top packaging7 and sold as part of a combined product1 if a symbol and label notice are placed in a prominent location reasonably visible to the user of the covered product1 such covered product is considered to be labeled clearly and conspicuously in accordance with such regulations4 7c7 ,reasonable visibility of symbol and label notice 7#a7 ,in general ,in requiring the symbol and label notice under this section1 the ,commission shall require that-- 7,a7 packaging seams or folds or other packaging design elements do not obscure the symbol or label notice2 7,b7 the symbol and label notice are each equal in size to at least #b percent of the surface area of the principal display panel2 and 7,c7 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 use4 7#b7 ,proximity of symbol and label notice ,in requiring the symbol and label notice under this section1 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 panel4 7#c7 ,exception ,paragraph 7#a77;,c7 does not apply to an embossed symbol or label notice on the flip lid of a covered product sold in cylindrical or near-cylindrical packaging4 7d7 ,additional words or phrases ,in issuing regulations under subsection 7a71 the ,commission shall allow additional words or phrases on a covered product that describe consequences associated with flushing or disposing of such covered product1 if such words or phrases are consistent with the purposes of this section4 7e7 ,representations of flushability ,in issuing regulations under subsection 7a71 the ,commission shall prohibit1 with respect to a covered product1 the representation or marketing of flushable attributes1 performance1 or efficacy benefits4 7f7 ,compliance with other requirements 7#a7 ,,fifra requirements 7,a7 ,in general ,not later than #b years after the date of the enactment of this ,act1 the ,commission and the ,administrator of the ,environmental ,protection ,agency1 acting jointly1 shall issue regulations that1 with respect to a covered product that contains a pesticide required to be registered under the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq471 include the following3 7i7 ,instructions describing how such a covered product may comply with the requirements of such ,act and the regulations issued under subsection 7a74 7ii7 ,a requirement that1 not later than #ij days after the date on which regulations are issued under this subparagraph1 a covered entity shall submit for approval by the ,administrator of the ,environmental ,protection ,agency a product label compliant with such instructions4 7,b7 ,enforcement ,for purposes of subsection 7h71 a violation of a regulation issued under subparagraph 7,a7 shall be treated as a violation of a regulation issued under subsection 7a74 7#b7 ,type size exception ,if the label notice type size otherwise required by the regulations issued under subsection 7a7 for a covered product would conflict with a labeling requirement under the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq47 or the ,federal ,hazardous ,substances ,act 7#ae ,u4,s4,c4 #abfa et seq471 the ,commission may1 in issuing such regulations1 provide for a label notice type size requirement for the covered product under this section that-- 7,a7 in the case of a covered product required to display a warning pursuant to the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act regarding a pesticide in such covered product1 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 statement under such ,act2 and 7,b7 in the case of a covered product required to contain first aid instructions pursuant to the ,federal ,hazardous ,substances ,act1 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 instructions4 7g7 ,applicability ,the ,commission shall provide that the regulations issued under subsection 7a7 apply with respect to covered products manufactured on or after the date that is #ij days after the date on which such regulations are issued4 7h7 ,enforcement by ,federal ,trade ,commission 7#a7 ,unfair or deceptive acts or practices ,a violation of a regulation promulgated under subsection 7a7 shall be treated as a violation of a regulation under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices4 7#b7 ,powers of ,commission ,except as provided in paragraph 7#c71 the ,commission shall enforce the regulations promulgated under subsection 7a7 in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section1 and any person who violates such a regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act4 7#c7 ,penalty amounts ,notwithstanding section #e of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #de71 any civil penalties imposed under such section with respect to a violation of a regulation promulgated under subsection 7a7 of this section shall be in accordance with the following3 7,a7 ,a fine of not more than #b1ejj for each day that a violation occurs4 7,b7 ,in no event may the total amount of fines imposed for a single violation exceed #ajj1jjj4 7i7 ,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 labeling of covered products that are not identical to the restrictions under this section4 7j7 ,definitions ,in this ,act3 7#a7 ,combined product ,the term combined product means two or more products sold in shared retail packaging1 of which-- 7,a7 at least one of the products is a covered product2 and 7,b7 at least one of the products is another consumer product intended to be used in combination with such covered product4 7#b7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#c7 ,covered entity ,the term covered entity means a manufacturer1 wholesaler1 supplier1 or retailer that is responsible for the labeling or retail packaging of a covered product that is sold or offered for sale in the ,united ,states4 7#d7 ,covered product 7,a7 ,in general ,the term covered product means a premoistened1 nonwoven disposable wipe sold or offered for retail sale-- 7i7 that is marketed as a baby wipe or diapering wipe2 or 7ii7 that is a household or personal care wipe 7including wipes described in subparagraph 7,b77 that-- 7,i7 is composed entirely1 or in part1 of petrochemical-derived fibers2 and 7,,ii7 has significant potential to be flushed4 7,b7 ,inclusions ,the wipes described in this subparagraph are-- 7i7 antibacterial wipes and disinfecting wipes2 7ii7 wipes intended for general purpose cleaning or bathroom cleaning1 including toilet cleaning and hard surface cleaning2 and 7iii7 wipes intended for personal care use on the body1 including hand sanitizing1 makeup removal1 feminine hygiene1 adult hygiene 7including incontinence hygiene71 and body cleansing4 7#e7 ,high contrast ,the term high contrast means1 with respect to the symbol or label notice1 that such symbol or label notice-- 7,a7 is either light on a solid dark background or dark on a solid light background2 and 7,b7 has a contrast percentage of at least #gj percent between such symbol or label notice and the background1 using the formula 7,b#a - ,b#b7 _/ ,b#a 99 #ajj contrast percentage1 where ,b#a is the light reflectance value of the lighter area and ,b#b is the light reflectance value of the darker area4 7#f7 ,label notice ,the term label notice means the written phrase ,do ,not ,flush4 7#g7 ,principal display panel ,the term principal display panel means the side of a product package that is most likely to be displayed1 presented1 or shown under customary conditions of display for retail sale1 and-- 7,a7 in the case of a cylindrical or near-cylindrical package1 the surface area of which constitutes at least #dj percent of the product package1 as measured by multiplying the height by the circumference of the package2 or 7,b7 in the case of a flexible film package in which a rectangular prism or near-rectangular prism stack of wipes is housed within the film1 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 stack4 7#h7 ,symbol ,the term symbol means the ,do ,not ,flush symbol1 as depicted in the ,guidelines for ,assessing the ,flushability of ,disposable ,nonwoven ,products 7,edition #d2 ,may #bjah7 published by the ,association of the ,nonwoven ,fabrics ,industry 7,,inda7 and the ,european ,disposables ,and ,nonwovens ,association 7,,edana71 or an otherwise identical symbol depicting an individual of another gender4