(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 only one of the following:
(1) A detergent used in a commercial or institutional dishwashing machine.
(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.
Credits
1989, July 5, P.L. 166, No. 31, § 3. Reenacted 1999, June 25, P.L. 228, No. 31, § 3, imd. effective. Amended 2008, May 13, P.L. 143, No. 15, § 1, effective July 1, 2010.
35 P.S. § 722.3, PA ST 35 P.S. § 722.3
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
