§ 46-29-3 - Certain cleaning agents containing phosphorus prohibited.
SECTION 46-29-3
§ 46-29-3 Certain cleaning agentscontaining phosphorus prohibited. – (a) No person may manufacture, store, sell, use, or distribute for sale or useany cleaning agent containing phosphorus in the State, except as otherwiseprovided in this section.
(b) As used in this section, "cleaning agent" means a laundrydetergent, dishwashing compound, household cleaner, metal cleaner or polish,industrial cleaner, or other substance that is used or intended for use forcleaning purposes.
(c) This section shall not apply to cleaning agents which areused:
(1) In agricultural or dairy production;
(2) To clean commercial food or beverage processing equipmentor containers;
(3) As industrial or institutional sanitizers, metalbrighteners, or acid cleaners, including those containing phosphoric acid ortrisodium phosphate;
(4) In industrial processes for metal, fabric, or fibercleaning and conditions;
(5) In hospitals, clinics, nursing homes, other health carefacilities, or veterinary hospitals or clinics;
(6) By a commercial laundry or textile rental service companyor any other commercial entity:
(i) To provide laundry service to hospitals, clinics, nursinghomes, other health care facilities, or veterinary hospitals or clinics; or
(ii) To clean textile products supplied to industrial orcommercial users of the products on a rental basis; or
(iii) To clean professional, industrial, or commercial workuniforms;
(7) In the manufacture of health care or veterinary supplies;
(8) In any medical, biological, chemical, engineering, orother such laboratory, including those associated with any academic or researchfacility;
(9) As water softeners, antiscale agents, or corrosioninhibitors, where that use is in a closed system such as a boiler, airconditioner, cooling tower, or hot water heating system;
(10) To clean hard surfaces including windows, sinks,counters, floors, ovens, food preparation surfaces, and plumbing fixtures.
(d) This section shall not apply to cleaning agents which:
(1) Contain phosphorus in an amount not exceeding five-tenthsof one percent (0.5%) by weight;
(2) Contain phosphorus in an amount not exceeding eight andseven-tenths percent (8.7%) by weight and which are intended for use in acommercial or household dishwashing machine;
(3) Are manufactured, stored, sold, or distributed for usesolely outside the state.
(e) The Rhode Island department of environmental managementmay permit the use of a cleaning agent which contains phosphorus in an amountexceeding five-tenths of one percent (0.5%) but not exceeding eight andseven-tenths percent (8.7%) by weight upon a finding that there is no adequatesubstitute for the cleaning agent, or that compliance with this section wouldotherwise be unreasonable or create a significant hardship on the user. TheRhode Island department of environmental management may adopt rules toadminister this section.
(f) Any person who manufactures, sells or distributes anycleaning agent in violation of this section shall be punishable by a fine notto exceed one thousand dollars ($1,000).