Public Act 095-0115
Public Act 0115 95TH GENERAL ASSEMBLY
|Public Act 095-0115
||LRB095 07324 CMK 27463 b
AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be cited as the
Regulation of Phosphorus in Detergents Act.
Prohibition; definition; exceptions.
(a) On and after July 1, 2010, no person may use, sell,
manufacture, or distribute for sale any cleaning agent
containing more than 0.5% phosphorus by weight, expressed as
elemental phosphorus, in Illinois, except as otherwise
provided in this Section.
(b) As used in this Section, "cleaning agent" means a
laundry detergent, dishwashing compound, cleanser, household
cleaner, metal cleaner or polish, degreasing compound,
commercial cleaner, industrial cleaner, or other substance
that is used or intended to be used for cleaning purposes.
(c) This Section does not apply to cleaning agents that are
(1) In agricultural, biofuel, or dairy production,
including bottling equipment.
(2) To clean commercial food, brewery, or beverage
processing equipment and containers, and in commercial
automatic dishwashing machines, flatware presoak products,
or commercial dishwashing rinse additive products.
(3) In hospitals, clinics, nursing homes, other health
care facilities, or veterinary hospitals or clinics, or for
use as commercial bathroom cleaners.
(4) In any medical, biological, chemical, engineering,
or other such laboratory, including those associated with
any academic or research institution.
(5) In commercial laundries that provide cleaning
services for a hospital, health care facility, or
(6) As water softeners, anti-scale agents, or
corrosion inhibitors, if that use is in a closed system
such as a boiler, air conditioner, cooling tower, or hot
(7) As industrial or institutional sanitizers, metal
brighteners, or metal cleaning or metal conditioning,
including products containing phosphoric acid or trisodium
(d) This Section does not apply to cleaning agents that:
(1) contain phosphorus in an amount not exceeding 0.5%,
expressed as elemental phosphorus by weight;
(2) are manufactured, stored, sold, or distributed for
use solely outside the State; or
(3) are regulated by federal law, including the Food,
Drug, and Cosmetic Act and the Federal Insecticide,
Fungicide, and Rodenticide Act.
(e) The Illinois Pollution Control Board may authorize the
use of additional cleaning agents that contain phosphorus of an
amount exceeding 0.5% by weight upon finding that there is no
adequate substitute for that cleaning agent or that compliance
with this Section would otherwise be unreasonable or create a
significant hardship on the user. The Illinois Pollution
Control Board shall promulgate rules for the administration and
enforcement of the provisions of this Section.
(f) The regulation of phosphorus in detergents is an
exclusive power and function of the State. A home rule unit may
not regulate phosphorus in detergents. This Section is a denial
and limitation of home rule powers and functions under
subsection (h) of Section 6 of Article VII of the Illinois
This Act takes effect upon
Effective Date: 8/13/2007