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| Public Act 095-0115 |
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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 | ||||
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.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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