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S. 1294
STATUS INFORMATION
General Bill
Sponsors: Senators Ceips, Ford, Vaughn, Thomas, Land, Anderson and Short
Document Path: l:\s-res\ccc\011wate.dag.doc
Introduced in the Senate on April 15, 2008
Currently residing in the Senate Committee on Labor, Commerce and Industry
Summary: Cleaning agents
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/15/2008 Senate Introduced and read first time SJ-5
4/15/2008 Senate Referred to Committee on Labor, Commerce and Industry
SJ-5
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND CHAPTER 1, TITLE 39, OF THE 1976 CODE, RELATING TO TRADE AND COMMERCE, TO PROHIBIT THE SELLING, MANUFACTURING, OR DISTRIBUTION OF ANY CLEANING AGENT CONTAINING MORE THAN ZERO PERCENT PHOSPHOROUS BY WEIGHT, AND TO PROVIDE FOR THE ADOPTION OF RULES AND REGULATIONS FOR ENFORCEMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 39 of the 1976 Code is amended by adding:
"Section 39-1-90. (A) Except as provided in subsection (B), a person may not sell, manufacture, or distribute for use or sale in the this State, any cleaning agent that contains more than zero percent phosphorus by weight expressed as elemental phosphorus except for an amount not exceeding one-half 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 one-half percent phosphorus limitation in subsection (A) by regulations promulgated by the South Carolina Department of Health and Environmental Control which are based on a finding that compliance with this section would:
(a) create a significant hardship on the user; or
(b) be unreasonable because of the lack of an adequate substitute cleaning agent.
(C) This section shall 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 or 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 the 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; or
(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 South Carolina Department of Health and Environmental Control shall adopt rules and promulgate regulations to administer and enforce the provisions of this section. The Director of the department or his authorized agent may seize any cleaning agent held for sale or distribution in violation of this section. The seized cleaning agents shall be subject to forfeiture.
(E) Any person who knowingly sells, manufactures or distributes any cleaning agent in violation of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than two thousand five hundred dollars and imprisoned for not more than twelve months. Any person who knowingly uses any cleaning agent in violation of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than two hundred fifty dollars."
SECTION 2. This act takes effect July 1, 2009.
This web page was last updated on Monday, October 10, 2011 at 1:32 P.M.