S 0109 General Bill, By T.H. Pope, Bryan, Courson, Giese, J.C. Hayes, Leventis, 
I.E. Lourie, S.S. Martschink, Moore, M.F. Mullinax, M.T. Rose, Russell, 
J.M. Waddell, M.B. Williams and Wilson
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 44-53-50 so as to prohibit the sale of cleaning agents containing phosphates,
 to provide exceptions, and to provide penalties for violation.

   09/17/90  Senate Prefiled
   09/17/90  Senate Referred to Committee on Medical Affairs
   01/08/91  Senate Introduced and read first time SJ-53
   01/08/91  Senate Referred to Committee on Medical Affairs SJ-53

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-50 SO AS TO PROHIBIT THE SALE OF CLEANING AGENTS CONTAINING PHOSPHATES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Article 1, Chapter 53, Title 44 of the 1976 Code is amended by adding:

"Section 44-53-50. (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 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 laundry detergent, dishwashing compound, household cleaner, 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:

(1) a detergent used in a dishwashing machine, whether commercial or household; and

(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:

(i) create a significant hardship on the user; or

(ii) be unreasonable because of the lack of an adequate substitute cleaning agent.

(C) This section does not apply to a cleaning agent that is:

(1) used in dairy, beverage, or food processing equipment;

(2) 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;

(4) used in a commercial laundry that provides laundry services for a hospital, health care facility, or veterinary hospital;

(5) used by industry for metal cleaning or conditioning;

(6) manufactured, stored, or distributed for use or sale outside of this State;

(7) used in any laboratory, including a biological laboratory, research facility, chemical laboratory, and engineering laboratory;

(8) used for cleaning hard surfaces, including household cleansers for windows, sinks, counters, ovens, tubs, or other food preparation surfaces and plumbing fixtures;

(9) 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 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 orimprisoned not more than one year. Each unlawful sale constitutes a separate violation."

SECTION 2. This act takes effect July 1, 1991.