H*3081 Session 109 (1991-1992)
H*3081(Rat #0173, Act #0108 of 1991) General Bill, By M.O. Alexander,
Alexander, R.L. Altman, J.J. Bailey, R.A. Barber, J.M. Baxley, G.A. Brown,
J. Brown, D.M. Bruce, P.M. Burch, Cato, H.H. Clyborne, K.S. Corbett, Cork,
R.S. Corning, J.L.M. Cromer, J. Faber, R.C. Fulmer, H.M. Hallman, J.L. Harris,
P.B. Harris, Harrison, Harvin, Haskins, Hayes, J.H. Hodges, D.N. Holt,
W.S. Houck, M.F. Jaskwhich, Keegan, K.G. Kempe, H.H. Keyserling, M.H. Kinon,
J.R. Klapman, Koon, Littlejohn, S.G. Manly, C.V. Marchbanks, Martin,
L.M. Martin, J.G. Mattos, J.T. McElveen, A.C. McGinnis, McKay, M. McLeod,
Meacham, Neilson, Phillips, J. Rama, J.I. Rogers, T.F. Rogers, I.K. Rudnick,
Sheheen, P.E. Short, E.C. Stoddard, C.Y. Waites, D.C. Waldrop, C.C. Wells,
L.S. Whipper, J.B. Wilder, Wilkins, D. Williams, J.B. Williams and
Young-Brickell
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.
12/12/90 House Prefiled
12/12/90 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs
01/08/91 House Introduced and read first time HJ-59
01/08/91 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-60
02/06/91 House Committee report: Favorable Agriculture, Natural
Resources and Environmental Affairs HJ-2
02/12/91 House Amended HJ-21
02/12/91 House Objection by Rep. Carnell, G. Bailey, McAbee,
Felder, Koon, HJ-21
02/12/91 House Objection by Rep. Smith & D. Williams HJ-21
02/12/91 House Objection withdrawn by Rep. Koon HJ-25
02/13/91 House Read second time HJ-31
02/14/91 House Objection withdrawn by Rep. D. Williams HJ-29
02/14/91 House Read third time and sent to Senate HJ-31
02/14/91 Senate Introduced and read first time SJ-8
02/14/91 Senate Referred to Committee on Medical Affairs SJ-8
04/23/91 Senate Committee report: Favorable Medical Affairs SJ-240
04/25/91 Senate Read second time SJ-52
05/21/91 Senate Amended SJ-146
05/21/91 Senate Read third time and returned to House with
amendments SJ-146
05/22/91 House Concurred in Senate amendment and enrolled HJ-6
05/27/91 Ratified R 173
05/31/91 Signed By Governor
05/31/91 Effective date 01/01/92
05/31/91 Act No. 108
07/09/91 Copies available
(A108, R173, H3081)
AN ACT 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:
Phosphates; prohibitions; exceptions; penalties
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 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) 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 or imprisoned not more than one year. Each unlawful sale
constitutes a separate violation."
Time effective
SECTION 2. This act takes effect January 1, 1992.
Approved the 31st day of May, 1991. |