62.1-193.2 - Exceptions.
§ 62.1-193.2. Exceptions.
A. A person may use, sell, manufacture, or distribute for use or sale, acleaning agent that contains greater than zero percent phosphorus by weightbut does not exceed 8.7 percent phosphorus by weight that is:
1. A detergent used in a commercial dishwashing machine; and
2. A substance excluded from the zero percent phosphorus limitation of thischapter by regulations adopted by the Board of Agriculture and ConsumerServices which are based on a finding that compliance with this chapter would:
a. Create a significant hardship on the user; or
b. Be unreasonable because of the lack of an adequate substitute cleaningagent.
B. This chapter 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 ormetal conditioner, including phosphoric acid products or trisodium phosphate;
3. Used in hospitals, veterinary hospitals or clinics, or health carefacilities or in agricultural or dairy production or in the manufacture ofhealth care supplies;
4. Used in a commercial laundry that provides laundry services for ahospital, health care facility or veterinary hospital;
5. Used by industry for metal cleaning or conditioning;
6. Manufactured, stored, or distributed for use or sale outside of theCommonwealth;
7. Used in any laboratory, including a biological laboratory, researchfacility, chemical laboratory, and engineering laboratory;
8. Used for cleaning hard surfaces, including household cleansers forwindows, sinks, counters, ovens, tubs, or other food preparation surfaces andplumbing fixtures; or
9. Used as a water softening chemical, antiscale chemical, or corrosioninhibitor intended for use in closed systems, such as boilers, airconditioners, cooling towers, or hot water heating systems.
(1987, cc. 66, 67; 2008, c. 10.)