Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 44-53-50 of the 1976 Code is amended to read:
(A) Except as otherwise provided in
this section, a person may
not use, sell,
manufacture, or distribute for use or sale in this State
any no cleaning agent that contains more
than zero percent phosphorus by weight expressed as elemental
phosphorus except for an amount not exceeding five-tenths of one
percent that is incidental to manufacturing.
For the purposes of this section, 'cleaning agent' means a
household or commercial laundry detergent, dishwashing
compound, household cleaner, household or commercial
dishwashing detergent, metal cleaner, industrial cleaner,
phosphate compound, or other substance that is intended to be
used for cleaning purposes.
(B) A person may use, sell, manufacture, or distribute for use or sale a cleaning agent that contains greater than zero percent phosphorus by weight but does not exceed eight and seven-tenths percent phosphorus by weight that is
detergent used in a dishwashing machine, whether commercial or
(2) a substance
excluded from the zero percent phosphorus limitation of this
section by regulations adopted by the Department of Health and
Environmental Control which are based on a finding that
compliance with this section would:
a significant hardship on the user; or
unreasonable because of the lack of an adequate substitute
(C) This section does not apply to a cleaning agent that is:
(1) used in dairy, beverage, or food processing equipment;
a product used as an industrial sanitizer,
brightener, acid cleaner, or metal conditioner, including
phosphoric acid products or trisodium phosphate;
(3) used in
hospitals, veterinary hospitals, clinics, or health care
facilities or in agricultural or dairy production or in the
manufacture of health care supplies;
used by a commercial laundry or
textile rental service company or any other commercial entity:
(a) to provide laundry service to hospitals, clinics, nursing
homes, other health care facilities, or veterinary hospitals or
clinics; (b) to clean textile products owned by a commercial
laundry or textile rental service company and supplied to
industrial or commercial users of the products on a rental
basis; or (c) to clean military, professional, industrial, or
commercial work uniforms;
(5)(3) used by
industry for metal, fabric, or fiber cleaning or conditioning;
manufactured, stored, or distributed for use or sale
outside of this State;
(7)(5) used in
any a laboratory, including a biological
laboratory, research facility, chemical laboratory,
and or engineering laboratory; or
(8) used for
cleaning hard surfaces, including household cleansers for
windows, sinks, counters, ovens, tubs, or other food preparation
surfaces and plumbing fixtures;
(9)(6) used as
a water softening chemical, antiscale chemical, or corrosion
inhibitor intended for use in closed systems such as boilers,
air conditioners, cooling towers, or hot water heating systems.
(D) The Department of Health and Environmental Control shall promulgate regulations to administer and enforce the provisions of this section.
Any A cleaning agent held for sale or
distribution in violation of this section may be seized by
appropriate administrative or law enforcement personnel. The
seized cleaning agents are considered forfeited.
(E) A person who knowingly sells, manufactures, or distributes any cleaning agent in violation of the provisions of this section shall receive a written warning from the Department of Health and Environmental Control for the first violation. For a subsequent violation, the person is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year. Each unlawful sale constitutes a separate violation.
(F) The provisions of this section may not restrict sale by a retailer of a household dishwashing detergent product from inventory existing and in stock at the retailer on July 1, 2011.
SECTION 2. The provisions of this act relating to household dishwashing detergent take effect July 1, 2011. The provisions of this act relating to commercial dishwashing and laundry detergent and industrial cleaners take effect on July 1, 2013. All other provisions of this act take effect July 1, 2014. /
Renumber sections to conform.
Amend title to conform.