Pennsylvania Act 1999-31 — PHOSPHATE DETERGENT ACT - SUNSET PROVISION ELIMINATION

Act text

Session of 1999

No. 1999-31

HB 528

AN ACT

Reenacting the act of July 5, 1989 (P.L.166, No.31), entitled "An act prohibiting the sale, manufacture, distribution or use of certain cleaning agents containing phosphates; conferring powers and duties on the Environmental Quality Board and the Department of Environmental Resources; and providing penalties," making editorial changes and eliminating sunset provisions.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Section 1 of the act of July 5, 1989 (P.L.166, No.31), known as the Phosphate Detergent Act, is reenacted to read:

Section 1. Short title.

This act shall be known and may be cited as the Phosphate Detergent Act.

Section 2. Section 2 of the act, amended December 20, 1995 (P.L.713, No.78), is reenacted to read:

Section 2. Prohibition on certain cleaning agents.

Except as provided in section 3, a person may not use, sell, manufacture or distribute for use or sale within this Commonwealth any cleaning agent that contains more than 0.0% phosphorus by weight, expressed as elemental phosphorus, except for a total amount not exceeding 0.5% phosphorous that is incidental to manufacturing or that is added to stabilize the cleaning agent or its packaging.

Section 3. Sections 3 and 4 of the act are reenacted to read:

Section 3. Exclusions and exceptions.

(a) Exclusions.--This act 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.

(4) Used in agricultural production.

(5) Used in a commercial laundry that provides laundry services for a hospital or health care facility or for a veterinary hospital or clinic.

(6) Used by industry for metal cleaning or conditioning.

(7) Manufactured, stored or distributed for use or sale outside this Commonwealth.

(8) Used in any laboratory, including a biological laboratory, research facility, chemical laboratory or engineering laboratory.

(9) Used for cleaning hard surfaces, including household cleansers for windows, sinks, counters, stoves, tubs or other food preparation surfaces and plumbing fixtures.

(10) 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 systems.

(b) Exceptions.--A person may use, sell, manufacture or distribute for use or sale a cleaning agent that contains greater than 0.0% phosphorus by weight, but does not exceed 8.7% phosphorus by weight, if it is:

(1) A detergent used in a dishwashing machine, whether commercial or household.

(2) A substance the Environmental Quality Board, by regulation, excludes from the 0.0% phosphorus limitation contained in section 2 based on a finding that compliance with this act would:

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

(ii) be unreasonable because of the lack of an adequate substitute cleaning agent.

Section 4. Regulatory authority.

The Environmental Quality Board shall adopt regulations to implement the provisions of this act.

Section 4. Section 5 of the act is reenacted and amended to read:

Section 5. Administration.

(a) Enforcement.--It shall be the power and duty of the Department of Environmental [Resources] Protection to administer and enforce the provisions of this act, and the department shall have the authority to issue such orders as are necessary to effectuate the same.

(b) 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 to the Environmental Hearing Board in accordance with the act of July 13, 1988 (P.L.530, No.94), known as the Environmental Hearing Board Act.

Section 5. Sections 6, 7, 8 and 10 of the act are reenacted to read:

Section 6. Penalties.

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

(b) Sells, distributes or makes.--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 not more than $1,000.

Section 7. Severability.

The provisions of this act are severable. If any provision of this act or its application 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 the invalid provision or application.

Section 8. Repeals.

All acts and parts of acts are repealed insofar as they are inconsistent with this act.

Section 10. Effective date.

This act shall take effect as follows:

(1) On March 1, 1990, in all counties situated partially or wholly within the Susquehanna River Watershed or in the Lake Erie Watershed.

(2) On March 1, 1991, in all other counties.

Section 6. This act shall take effect immediately.

APPROVED--The 25th day of June, A. D. 1999.

THOMAS J. RIDGE