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Public Act 095-0115


 

Public Act 0115 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0115
 
SB0376 Enrolled 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:
 
    Section 1. Short title. This Act may be cited as the
Regulation of Phosphorus in Detergents Act.
 
    Section 5. 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
used:
        (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
    veterinary hospital.
        (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
    water heater.
        (7) As industrial or institutional sanitizers, metal
    brighteners, or metal cleaning or metal conditioning,
    including products containing phosphoric acid or trisodium
    phosphate.
    (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
Constitution.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/13/2007