PRIOR PRINTER'S NO. 187 PRINTER'S NO. 553
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, OLASZ, COLAIZZO, LAUGHLIN
AND LASHINGER, JANUARY 31, 1989
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 15, 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
1 for an amount not exceeding 0.5% phosphorus that is incidental
2 to manufacturing.
3 Section 3. Exclusions and exceptions.
4 (a) Exclusions.--This act shall not apply to a cleaning
5 agent that is:
6 (1) Used in dairy, beverage or food processing
7 equipment.
8 (2) A product used as an industrial sanitizer,
9 brightener, acid cleaner or metal conditioner, including
10 phosphoric acid products or trisodium phosphate.
11 (3) Used in hospitals, veterinary hospitals or clinics,
12 or health care facilities.
13 (4) Used in agricultural production.
14 (5) Used in a commercial laundry that provides laundry
15 services for a hospital or health care facility or for a
16 veterinary hospital or clinic.
17 (6) Used by industry for metal cleaning or conditioning.
18 (7) Manufactured, stored or distributed for use or sale
19 outside this Commonwealth.
20 (8) Used in any laboratory, including a biological
21 laboratory, research facility, chemical laboratory or
22 engineering laboratory.
23 (9) Used for cleaning hard surfaces, including household
24 cleansers for windows, sinks, counters, stoves, tubs or other
25 food preparation surfaces and plumbing fixtures.
26 (10) Used as a water softening chemical, antiscale
27 chemical or corrosion inhibitor intended for use in closed
28 systems, such as boilers, air conditioners, cooling towers or
29 hot water systems.
30 (b) Exceptions.--A person may use, sell, manufacture or
19890H0168B0553 - 2 -
1 distribute for use or sale a cleaning agent that contains
2 greater than 0.0% phosphorus by weight, but does not exceed 8.7%
3 phosphorus by weight, if it is:
4 (1) A detergent used in a dishwashing machine, whether
5 commercial or household.
6 (2) A substance the Environmental Quality Board, by
7 regulation, excludes from the 0.0% phosphorus limitation
8 contained in section 2 based on a finding that compliance
9 with this act would:
10 (i) create a significant hardship on the user; or
11 (ii) be unreasonable because of the lack of an
12 adequate substitute cleaning agent.
13 Section 4. Regulatory authority.
14 The Environmental Quality Board shall adopt regulations to
15 implement the provisions of this act.
16 Section 5. Administration.
17 (a) Enforcement.--It shall be the power and duty of the
18 Department of Environmental Resources to administer and enforce
19 the provisions of this act, and the department shall have the
20 authority to issue such orders as are necessary to effectuate
21 the same.
22 (b) Appeal.--Any person who is aggrieved by an order of the
23 department issued hereunder shall have the right, within 30 days
24 of receipt of notice thereof, to appeal the action to the
25 Environmental Hearing Board in accordance with the act of July
26 13, 1988 (P.L.530, No.94), known as the Environmental Hearing
27 Board Act.
28 Section 6. Penalties.
29 (a) Use.--Any person who uses a cleaning agent in violation
30 of this act commits a summary offense and shall, upon
19890H0168B0553 - 3 -
1 conviction, be sentenced to pay a fine of not more than $100.
2 (b) Sells, distributes or makes.--Any person who sells,
3 distributes or manufactures a cleaning agent in violation of
4 this act commits a misdemeanor and shall, upon conviction, be
5 sentenced to pay a fine of not more than $1,000.
6 Section 7. Severability.
7 The provisions of this act are severable. If any provision of
8 this act or its application to any person or circumstance is
9 held invalid, the invalidity shall not affect other provisions
10 or applications of this act which can be given effect without
11 the invalid provision or application.
12 Section 8. Repeals.
13 All acts and parts of acts are repealed insofar as they are
14 inconsistent with this act.
15 Section 9. Effective date. <--
16 This act shall take effect July 1, 1989.
17 SECTION 9. SUNSET. <--
18 THIS ACT SHALL EXPIRE ON DECEMBER 31, 1992, UNLESS OTHERWISE
19 EXTENDED BY ACT OF THE GENERAL ASSEMBLY.
20 SECTION 10. EFFECTIVE DATE.
21 THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
22 (1) ON MARCH 1, 1990, IN ALL COUNTIES SITUATED PARTIALLY
23 OR WHOLLY WITHIN THE SUSQUEHANNA RIVER WATERSHED OR IN THE
24 LAKE ERIE WATERSHED.
25 (2) ON MARCH 1, 1991, IN ALL OTHER COUNTIES.
L9L27JLW/19890H0168B0553 - 4 -