Bill Text

Phosphate Detergent Act

An Act relating to the limitations on the amount of phosphorus in cleaning agents.

Be it enacted by the Legislature of the state of <insert your state’s name>:

Section 1. Short Title.

This Act shall be know and may be cited as the “Phosphate Detergent Act.”

Section 2. Definitions.

The following definitions apply to this Act:

(A) “Automatic dishwashing detergent” means any cleaning agent specifically designed for use in automatic dishwashers.

(B) “Cleaning agent” means a laundry detergent, dishwashing compound, automatic dishwashing detergent, household cleaner, metal cleaner, degreasing compound, commercial cleaner, industrial cleaner, phosphate compound, or other substance that is intended to be used for cleaning purposes.

(C) “Commercial dishwasher” means any automatic dishwasher available for retail sale that is intended for private use.

(D) “Institutional dishwasher” means any automatic dishwasher designed to be used by a business or other public entity, such as a hospital or restaurant, which is required to meet state health standards.

(E) “Nonphosphorus automatic dishwasher detergent” means any automatic dishwashing detergent containing no more than 0.0 percent phosphorus by weight expressed as elemental phosphorus except for an amount not exceeding 0.5 percent phosphorus that is incidental to manufacturing.

(F) “Secretary” means the secretary of the Department of Environmental Protection <or your state’s equivalent>.

Section 3. Prohibited Amounts of Phosphorus.

(A) Except as provided in subsections (B) and (C) below, after <recommend one year following the passage of this Act>, a person may not may manufacture for use or sale in <insert your state’s name>, or distribute, sell, offer, or expose for sale at retail, any cleaning agent that contains more than 0.0 percent phosphorus by weight expressed as elemental phosphorus except for an amount not exceeding 0.5 percent phosphorus that is incidental to manufacturing.

(B) Subsection (A) does not apply to cleaning agents used for cleaning medical and surgical equipment and commercial food and beverage processing equipment.

(C) After <recomment one year following the passage of this Act>, no person may manufacture for use or sale in <insert your state’s name>, or distribute, sell, offer, or expose for sale at retail, any automatic dishwasher detergent for use in commercial dishwashers that contains more than 8.7 percent phosphorus by weight. After <recommend five years following the passage of this Act>, no automatic dishwasher detergents shall be manufactured for use or sale in <insert your state’s name>, or distributed, sold, offered, or exposed for sale at retail, which contain more than 0.0 percent phosphorus by weight expressed as elemental phosphorus except for an amount not exceeding 0.5 percent phosphorus that is incidental to manufacturing.

Section 4. Commercial and Institutional Dishwasher Restrictions.

(A) All commercial and institutional dishwashers sold in <insert your state’s name> after <recommend two years following the passage of this Act> must be designed to use a nonphosphorus automatic dishwasher detergent and still comply with state health standards.

Section 5. Administration.

(A) Regulatory authority. The Department of Environmental Protection <or your state’s equivalent> shall adopt regulations to implement the provisions of this Act.

(B) Enforcement. It shall be the power and duty of the Department of Environmental Protection <or your state’s equivalent> to administer and enforce the provisions of this Act, and the Department shall have the authority to issue such orders as necessary to effectuate the same.

(C) Appeal. Any person who is aggrieved by an order of the Department issued hereunder shall have the right, within 30 days of receipt of notice thereof, to appeal the action of the Environmental Hearing Board <or your state’s equivalent> in accordance with <insert applicable sections of your state code>.

Section 6. Penalties.

(A) Use. Any person who knowingly uses a cleaning agent in violation of this Act commits a summary offense and shall, upon conviction, be sentenced to pay a fine of <suggest not more than $100>.

(B) Sale, distribution, or manufacture. Any person who sells, distributes, or manufactures a cleaning agent in violation of this Act commits a misdemeanor and shall, upon conviction, be sentenced to pay a fine of <suggest not more than $1,000>.

(C) Seizures and forfeitures. The Department may seize any cleaning agent held for sale, distribution, or manufacture in violation of this Act. The seized cleaning agents shall be considered forfeited.

Section 7. Severability.

If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of this Act, which can be given effect without regard to the invalid provision or application and, to this end, the provisions of this Act are severable.

Section 8. Effective Date.

The provisions of this Act shall become effective immediately upon passage of this Act.