#aaith ,,congress #b;d ,session ,s4 #ajib ,,an ,,act ,to require certain products to be labeled with #8,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 ,do not flush labeling 7a7 ,in general ,a covered entity shall label a covered product with the label notice and symbol1 in accordance with subsections 7b7 and 7c74 7b7 ,requirements 7#a7 ,cylindrical packaging ,in the case of a covered product sold in cylindrical or near-cylindrical packaging1 and intended to dispense individual wipes-- 7,a7 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 dispensed2 or 7,b7 the symbol shall be displayed on the principal display panel and the label notice1 or a combination of the label notice and symbol1 shall be displayed 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 the case of a covered product sold in flexible film packaging1 and intended to dispense individual wipes-- 7,a7 the symbol shall be displayed 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 shall be displayed on either the principal display panel or the dispensing side panel1 in a clear and conspicuous location reasonably visible to the user each time a wipe is dispensed4 7#c7 ,rigid packaging ,in the case of a covered product sold in a refillable tub or other rigid packaging that may be reused by a customer1 and that is intended to dispense individual wipes1 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 dispensed4 7#d7 ,packaging not intended to dispense individual wipes ,in the case of a covered product sold in packaging that is not intended to dispense individual wipes1 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 product4 7#e7 ,bulk packaging 7,a7 ,in general ,in the case of a covered product sold in bulk at retail1 the symbol and label notice shall be displayed on both the outer packaging visible at retail and the individual packaging contained within the outer packaging4 7,b7 ,exemption ,the following shall be exempt from the requirements of subparagraph 7,a73 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 ,the outer packaging of combined products shall be exempt from the symbol and label notice requirements of subsection 7a74 7,b7 ,packages less than #c by #c inches ,in the case of 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 shall be considered to be labeled clearly and conspicuously4 7c7 ,reasonable visibility of symbol and label notice 7#a7 ,in general ,a covered entity shall ensure 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 ,a covered entity may display a symbol and label notice either adjacent to 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 ,representations of flushability ,with respect to a covered product1 a covered entity may not make any express or implied representation that such covered product can or should be flushed4 7e7 ,enforcement by ,federal ,trade ,commission 7#a7 ,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 #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of ,commission ,the ,commission shall enforce this section 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 section4 7#c7 ,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 7#ae ,u4,s4,c4 et seq474 7#d7 ,authority preserved ,nothing in this section shall be construed to limit the authority of the ,commission under any other provision of law4 7f7 ,commission guidance ,not later than #ahj days after the date of enactment of this ,act1 the ,commission1 in consultation with the ,administrator of the ,environmental ,protection ,agency1 the ,commissioner of ,food and ,drugs1 the ,consumer ,product ,safety ,commission1 and any other agency determined appropriate by the ,commission1 shall issue guidance to assist covered entities in complying with the requirements of this section4 7g7 ,limitation on ,commission guidance 7#a7 ,in general ,no guidance issued by the ,commission with respect to this section shall-- 7,a7 confer any rights on any person1 ,state1 or locality2 or 7,b7 bind the ,commission or any person to the approach recommended in such guidance4 7#b7 ,specific violations ,in any enforcement action brought under this section1 the ,commission shall allege a specific violation of a provision of this section4 7#c7 ,no enforcement actions based on guidance ,the ,commission may not base an enforcement action on1 or execute a consent order based on1 practices that are alleged to be inconsistent with any guidance issued under this ,act1 unless the practices allegedly violate this section4 7h7 ,preemption of ,state laws ,no ,state or political subdivision of a ,state may directly or indirectly establish or continue in effect1 under any authority1 requirements with respect to the ,do ,not ,flush labeling of covered products that are not identical to the requirements of this section4 7i7 ,definitions ,in this section3 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 individual or group of individuals1 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 ,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 a wipe 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 ,state ,the term ,state means each ,state of the ,united ,states1 the ,district of ,columbia1 and each commonwealth1 territory1 or possession of the ,united ,states4 7#i7 ,symbol ,the term symbol means the ,do ,not ,flush symbol1 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 7,,inda7 and the ,european ,disposables ,and ,nonwovens ,association 7,,edana74 7j7 ,effective date ,this section shall apply to a covered entity beginning on the date that is #a year after the date of the enactment of this ,act and shall not apply to any covered product packaged or sold before such date4 ,passed the ,senate ,march #bb1 #bjbf4,secretary