PRINTER'S NO. 187
No. 168 Session of 1989
INTRODUCED BY COY, COLE, WAMBACH, MANDERINO, O'DONNELL, D. R. WRIGHT, BORTNER, GEORGE, MAIALE, DALEY, MELIO, CIVERA, GODSHALL, FOX, HECKLER, JOHNSON, RAYMOND, VAN HORNE, LEVDANSKY, COWELL, STABACK, STEIGHNER, MAINE, GIGLIOTTI, NAILOR, McNALLY, McHALE, PRESSMANN, CAPPABIANCA, JAROLIN, BELARDI, PISTELLA, HASAY, WOZNIAK, BILLOW, JOSEPHS, LUCYK, LETTERMAN, YANDRISEVITS, PIEVSKY, DOMBROWSKI, FEE, McCALL, MORRIS, BOWLEY, BATTISTO, MICHLOVIC, DeWEESE, KUKOVICH, TIGUE, DeLUCA, BROUJOS, MARKOSEK AND OLASZ, JANUARY 31, 1989
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JANUARY 31, 1989
AN ACT 1 Prohibiting the sale, manufacture, distribution or use of 2 certain cleaning agents containing phosphates; conferring 3 powers and duties on the Environmental Quality Board and the 4 Department of Environmental Resources; and providing 5 penalties. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Short title. 9 This act shall be known and may be cited as the Phosphate 10 Detergent Act. 11 Section 2. Prohibition on certain cleaning agents. 12 Except as provided in section 3, a person may not use, sell, 13 manufacture or distribute for use or sale within this 14 Commonwealth any cleaning agent that contains more than 0.0% 15 phosphorus by weight, expressed as elemental phosphorus, except 16 for an amount not exceeding 0.5% phosphorus that is incidental
1 to manufacturing. 2 Section 3. Exclusions and exceptions. 3 (a) Exclusions.--This act shall not apply to a cleaning 4 agent that is: 5 (1) Used in dairy, beverage or food processing 6 equipment. 7 (2) A product used as an industrial sanitizer, 8 brightener, acid cleaner or metal conditioner, including 9 phosphoric acid products or trisodium phosphate. 10 (3) Used in hospitals, veterinary hospitals or clinics, 11 or health care facilities. 12 (4) Used in agricultural production. 13 (5) Used in a commercial laundry that provides laundry 14 services for a hospital or health care facility or for a 15 veterinary hospital or clinic. 16 (6) Used by industry for metal cleaning or conditioning. 17 (7) Manufactured, stored or distributed for use or sale 18 outside this Commonwealth. 19 (8) Used in any laboratory, including a biological 20 laboratory, research facility, chemical laboratory or 21 engineering laboratory. 22 (9) Used for cleaning hard surfaces, including household 23 cleansers for windows, sinks, counters, stoves, tubs or other 24 food preparation surfaces and plumbing fixtures. 25 (10) Used as a water softening chemical, antiscale 26 chemical or corrosion inhibitor intended for use in closed 27 systems, such as boilers, air conditioners, cooling towers or 28 hot water systems. 29 (b) Exceptions.--A person may use, sell, manufacture or 30 distribute for use or sale a cleaning agent that contains 19890H0168B0187 - 2 -
1 greater than 0.0% phosphorus by weight, but does not exceed 8.7% 2 phosphorus by weight, if it is: 3 (1) A detergent used in a dishwashing machine, whether 4 commercial or household. 5 (2) A substance the Environmental Quality Board, by 6 regulation, excludes from the 0.0% phosphorus limitation 7 contained in section 2 based on a finding that compliance 8 with this act would: 9 (i) create a significant hardship on the user; or 10 (ii) be unreasonable because of the lack of an 11 adequate substitute cleaning agent. 12 Section 4. Regulatory authority. 13 The Environmental Quality Board shall adopt regulations to 14 implement the provisions of this act. 15 Section 5. Administration. 16 (a) Enforcement.--It shall be the power and duty of the 17 Department of Environmental Resources to administer and enforce 18 the provisions of this act, and the department shall have the 19 authority to issue such orders as are necessary to effectuate 20 the same. 21 (b) Appeal.--Any person who is aggrieved by an order of the 22 department issued hereunder shall have the right, within 30 days 23 of receipt of notice thereof, to appeal the action to the 24 Environmental Hearing Board in accordance with the act of July 25 13, 1988 (P.L.530, No.94), known as the Environmental Hearing 26 Board Act. 27 Section 6. Penalties. 28 (a) Use.--Any person who uses a cleaning agent in violation 29 of this act commits a summary offense and shall, upon 30 conviction, be sentenced to pay a fine of not more than $100. 19890H0168B0187 - 3 -
1 (b) Sells, distributes or makes.--Any person who sells, 2 distributes or manufactures a cleaning agent in violation of 3 this act commits a misdemeanor and shall, upon conviction, be 4 sentenced to pay a fine of not more than $1,000. 5 Section 7. Severability. 6 The provisions of this act are severable. If any provision of 7 this act or its application to any person or circumstance is 8 held invalid, the invalidity shall not affect other provisions 9 or applications of this act which can be given effect without 10 the invalid provision or application. 11 Section 8. Repeals. 12 All acts and parts of acts are repealed insofar as they are 13 inconsistent with this act. 14 Section 9. Effective date. 15 This act shall take effect July 1, 1989. L9L27JLW/19890H0168B0187 - 4 -