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H. 3467
STATUS INFORMATION
General Bill
Sponsors: Reps. Loftis, Pinson, Limehouse, Bowen, Dillard, Erickson, Long, Munnerlyn, Pitts, Agnew, Brady, Sellers, Vick, Allen, J.E. Smith, Knight, Ballentine, McLeod and Hamilton
Document Path: l:\council\bills\nbd\11136ac11.docx
Introduced in the House on January 27, 2011
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs
Summary: Cleaning agents containing phosphates
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/27/2011 House Introduced and read first time (House Journal-page 6)
1/27/2011 House Referred to Committee on Agriculture, Natural Resources
and Environmental Affairs (House Journal-page 6)
2/1/2011 House Member(s) request name added as sponsor: Agnew, Brady
2/2/2011 House Member(s) request name added as sponsor: Sellers, Vick,
Allen
2/15/2011 House Member(s) request name added as sponsor: J.E.Smith
2/16/2011 House Member(s) request name added as sponsor: Knight,
Ballentine
2/17/2011 House Member(s) request name added as sponsor: McLeod
2/22/2011 House Member(s) request name added as sponsor: Hamilton
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 44-53-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE, SALE, OR MANUFACTURE OF CLEANING AGENTS CONTAINING PHOSPHATES, SO AS TO SPECIFY THAT LAUNDRY DETERGENT INCLUDES HOUSEHOLD AND COMMERCIAL LAUNDRY DETERGENT, TO ADD HOUSEHOLD DISHWASHING DETERGENT TO THE CLEANING AGENTS INCLUDED IN THE RESTRICTION ON PHOSPHATES, AND TO FURTHER SPECIFY THOSE CLEANING AGENTS THAT ARE EXEMPT FROM THIS RESTRICTION.
Be it enacted by the General Assembly of the State of South Carolina:
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 not use, sell, manufacture, or distribute for use or sale in this State any 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 that is incidental to manufacturing. For the purposes of this section, 'cleaning agent' means a household or commercial laundry detergent, dishwashing compound, household cleaner, household 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:
(1) a detergent used in a commercial 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)(a) create a significant hardship on the user; or
(ii)(b) be unreasonable because of the lack of an adequate substitute cleaning agent.
(C) This section does not apply to a cleaning agent that is used in circumstances where there is no reasonable potential for the cleaning agent, when properly used, to be discharged to a sanitary sewer drain line, stormwater drain line, or directly to a surface water of the State, or any combination of these, and the cleaning agent 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)(3) 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, fabric, or fiber cleaning or conditioning;
(6)(4) manufactured, stored, or distributed for use or sale outside of this State;
(7)(5) used in any a laboratory, including a biological laboratory, research facility, chemical laboratory, and or engineering laboratory;
(8)(6) used for cleaning hard surfaces, including household cleansers for windows, sinks, counters, ovens, tubs, or other food preparation surfaces and plumbing fixtures; or
(9)(7) 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 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 from the retailer's inventory existing and in stock on July 1, 2011."
SECTION 2. The provisions of this act relating to household dishwashing detergent take effect on July 1, 2011. All other provisions of this act take effect July 1, 2012.
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