HB0819 Enrolled

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    AN ACT concerning safety.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 1. Short title. This Act may be cited as the 
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Regulation of Phosphorus in Detergents Act.
 
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    Section 5. Prohibition; definition; exceptions.
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    (a) On and after July 1, 2010, no person may use, sell, 
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manufacture, or distribute for sale any cleaning agent 
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containing more than 0.5% phosphorus by weight, expressed as 
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elemental phosphorus, in Illinois, except as otherwise 
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provided in this Section.
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    (b) As used in this Section, "cleaning agent" means a 
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laundry detergent, dishwashing compound, cleanser, household 
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cleaner, metal cleaner or polish, degreasing compound, 
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commercial cleaner, industrial cleaner, or other substance 
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that is used or intended to be used for cleaning purposes.
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    (c) This Section does not apply to cleaning agents that are 
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used:
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        (1) In agricultural, biofuel, or dairy production, 
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    including bottling equipment.
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        (2) To clean commercial food, brewery, or beverage 
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    processing equipment and containers, and in commercial 
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    automatic dishwashing machines, flatware presoak products, 
 


 






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    or commercial dishwashing rinse additive products.
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        (3) In hospitals, clinics, nursing homes, other health 
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    care facilities, or veterinary hospitals or clinics, or for 
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    use as commercial bathroom cleaners.
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        (4) In any medical, biological, chemical, engineering, 
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    or other such laboratory, including those associated with 
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    any academic or research institution.
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        (5) In commercial laundries that provide cleaning 
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    services for a hospital, health care facility, or 
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    veterinary hospital.
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        (6) As water softeners, anti-scale agents, or 
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    corrosion inhibitors, if that use is in a closed system 
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    such as a boiler, air conditioner, cooling tower, or hot 
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    water heater.
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        (7) As industrial or institutional sanitizers, metal 
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    brighteners, or metal cleaning or metal conditioning, 
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    including products containing phosphoric acid or trisodium 
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    phosphate.
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    (d) This Section does not apply to cleaning agents that:
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        (1) contain phosphorus in an amount not exceeding 0.5%, 
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    expressed as elemental phosphorus by weight;
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        (2) are manufactured, stored, sold, or distributed for 
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    use solely outside the State; or
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        (3) are regulated by federal law, including the Food 
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    Drug and Cosmetic Act and the Federal Insecticide, 
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    Fungicide and Rodenticide Act.
 


 






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    (e) The Illinois Pollution Control Board may authorize the 
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use of additional cleaning agents that contain phosphorus of an 
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amount exceeding 0.5% by weight upon finding that there is no 
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adequate substitute for that cleaning agent or that compliance 
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with this Section would otherwise be unreasonable or create a 
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significant hardship on the user. The Illinois Pollution 
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Control Board shall promulgate rules for the administration and 
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enforcement of the provisions of this Section.
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    (f) The regulation of phosphorus in detergents is an 
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exclusive power and function of the State.  A home rule unit may 
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not regulate phosphorus in detergents.  This Section is a denial 
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and limitation of home rule powers and functions under 
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subsection (h) of Section 6 of Article VII of the Illinois 
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Constitution.
 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.