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   02/12/91  House  Objection withdrawn by Rep.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   02/14/91  House  Objection withdrawn by Rep.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

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.