PRINTER'S NO. 2572

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No. 1875 Session of 2007

        INTRODUCED BY HERSHEY, STERN, MAJOR, RUBLEY, HENNESSEY,
           SCHRODER, BEYER, BRENNAN, CARROLL, COHEN, CRUZ, DALEY,
           EVERETT, FAIRCHILD, FRANKEL, GILLESPIE, HELM, HESS, HORNAMAN,
           JOSEPHS, KILLION, KULA, LEACH, MENSCH, R. MILLER, MILNE,
           MOUL, MOYER, NAILOR, NICKOL, PICKETT, READSHAW, REICHLEY,
           SAYLOR, SCAVELLO, SIPTROTH, SONNEY, STABACK, TRUE AND
           YOUNGBLOOD, OCTOBER 3, 2007

        REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
           OCTOBER 3, 2007

                                     AN ACT

     1  Amending the act of July 5, 1989 (P.L.166, No.31), entitled, as
     2     reenacted and amended, "An act prohibiting the sale,
     3     manufacture, distribution or use of certain cleaning agents
     4     containing phosphates; conferring powers and duties on the
     5     Environmental Quality Board and the Department of
     6     Environmental Resources; and providing penalties," further
     7     providing for exclusions and exceptions.

     8     The General Assembly of the Commonwealth of Pennsylvania
     9  hereby enacts as follows:
    10     Section 1.  Section 3(b) of the act of July 5, 1989 (P.L.166,
    11  No.31), known as the Phosphate Detergent Act, reenacted and
    12  amended June 25, 1999 (P.L.228, No.31), is amended to read:
    13  Section 3.  Exclusions and exceptions.
    14     * * *
    15     (b)  Exceptions.--A person may use, sell, manufacture or
    16  distribute for use or sale a cleaning agent that contains
    17  greater than 0.0% phosphorus by weight, but does not exceed 8.7%

     1  phosphorus by weight, if it is:
     2         (1)  A detergent used in a commercial dishwashing
     3     machine[, whether commercial or household]. This paragraph
     4     does not include a detergent used in a household dishwashing
     5     machine.
     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 2.  This act shall take effect July 1, 2010.












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