H*3470(Rat #0128, Act #0120 of 2012)  General Bill, By Pitts, Knight, Loftis and 
Toole
 AN ACT TO AMEND SECTION 44-53-50, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE PROHIBITION AGAINST USING, SELLING, OR MANUFACTURING CLEANING
 AGENTS CONTAINING PHOSPHATES, SO AS TO INCLUDE HOUSEHOLD AND COMMERCIAL
 LAUNDRY DETERGENTS AND HOUSEHOLD AND COMMERCIAL DISHWASHING DETERGENTS IN THIS
 PROHIBITION; TO FURTHER SPECIFY CRITERIA FOR AND TYPES OF CLEANING AGENTS
 EXEMPT FROM THIS PROHIBITION; TO AUTHORIZE THE SALE OF PROHIBITED CLEANING
 AGENTS THAT ARE IN A RETAILER'S INVENTORY ON JULY 1, 2012; AND TO STAGGER THE
 IMPLEMENTATION OF THE PROHIBITION OF THESE CLEANING AGENTS. - ratified title

   01/27/11  House  Introduced and read first time (House Journal-page 7)
   01/27/11  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 7)
   02/16/11  House  Member(s) request name added as sponsor: Knight
   03/10/11  House  Member(s) request name added as sponsor: Loftis
   03/14/11  House  Member(s) request name added as sponsor: Toole
   04/13/11  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs (House Journal-page 7)
   04/18/11         Scrivener's error corrected
   04/26/11  House  Amended (House Journal-page 65)
   04/26/11  House  Read second time (House Journal-page 65)
   04/26/11  House  Roll call Yeas-104  Nays-0 (House Journal-page 65)
   04/27/11  House  Read third time and sent to Senate
                     (House Journal-page 11)
   04/28/11  Senate Introduced and read first time (Senate Journal-page 6)
   04/28/11  Senate Referred to Committee on Medical Affairs
                     (Senate Journal-page 6)
   05/25/11  Senate Recalled from Committee on Medical Affairs
                     (Senate Journal-page 2)
   06/01/11  Senate Read second time (Senate Journal-page 45)
   06/01/11  Senate Roll call Ayes-34  Nays-2 (Senate Journal-page 45)
   01/31/12  Senate Read third time and enrolled (Senate Journal-page 21)
   02/21/12         Ratified R 128
   02/22/12         Signed By Governor
   02/29/12         Effective date See Act for Effective Date
   03/06/12         Act No. 120

(A120, R128, H3470)

AN ACT TO AMEND SECTION 44-53-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST USING, SELLING, OR MANUFACTURING CLEANING AGENTS CONTAINING PHOSPHATES, SO AS TO INCLUDE HOUSEHOLD AND COMMERCIAL LAUNDRY DETERGENTS AND HOUSEHOLD AND COMMERCIAL DISHWASHING DETERGENTS IN THIS PROHIBITION; TO FURTHER SPECIFY CRITERIA FOR AND TYPES OF CLEANING AGENTS EXEMPT FROM THIS PROHIBITION; TO AUTHORIZE THE SALE OF PROHIBITED CLEANING AGENTS THAT ARE IN A RETAILER'S INVENTORY ON JULY 1, 2012; AND TO STAGGER THE IMPLEMENTATION OF THE PROHIBITION OF THESE CLEANING AGENTS.

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

Sale of household and commercial laundry detergent and dishwashing detergent containing phosphorus prohibited

SECTION    1.    Section 44-53-50 of the 1976 Code is amended to read:

"Section 44-53-50.        (A)    Except as otherwise provided in this section, a person may use, sell, manufacture, or distribute for use or sale in this State 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. 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 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:

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

(2)    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)    used in hospitals, veterinary hospitals, clinics, or health care facilities or in agricultural or dairy production or in the manufacture of health care supplies;

(3)    used by industry for metal, fabric, or fiber cleaning or conditioning;

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

(5)    used in a laboratory, including a biological laboratory, research facility, chemical laboratory, or engineering laboratory; or

(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. 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, 2012."

Time effective

SECTION    2.    The provisions of this act relating to household dishwashing detergent take effect July 1, 2012. 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.

Ratified the 21st day of February, 2012.

Approved the 22nd day of February, 2012.