|
|
| To amend sections 6111.09 and 6111.10 and to enact | 1 |
| section 6111.11 of the Revised Code to prohibit | 2 |
| the sale of dishwasher detergent that contains | 3 |
| above a specified amount of phosphorus. | 4 |
| Section 1. That sections 6111.09 and 6111.10 be amended and | 5 |
| section 6111.11 of the Revised Code be enacted to read as follows: | 6 |
| Sec. 6111.09. (A) Any person who violates section 6111.07 of | 7 |
| the Revised Code shall pay a civil penalty of not more than ten | 8 |
| thousand dollars per day of violation. Any person who purposely | 9 |
| violates section 6111.10 or 6111.11 of the Revised Code shall pay | 10 |
| a civil penalty of fifty dollars for a first violation and a civil | 11 |
| penalty of not more than five hundred dollars for each subsequent | 12 |
| violation occurring within twelve months of the first violation. | 13 |
| The attorney general, upon written request by the director of | 14 |
| environmental protection, shall commence an action under this | 15 |
| section against any person who violates section 6111.07 of the | 16 |
| Revised Code. The director shall notify in writing any person who | 17 |
| is allegedly selling or offering for sale a product in violation | 18 |
| of section 6111.10 or 6111.11 of the Revised Code of the alleged | 19 |
| specific violation and shall request the person to remove the | 20 |
|
product from | 21 |
|
after
providing | 22 |
|
that the
person has failed to remove the product from | 23 |
| person's sales area, the director in writing shall request the | 24 |
| attorney general to, and the attorney general shall, commence an | 25 |
| action under this section against the person. Any action under | 26 |
| this section is a civil action, governed by the Rules of Civil | 27 |
| Procedure and other rules of practice and procedure applicable to | 28 |
| civil actions. | 29 |
| (B) One-half of the moneys collected as civil penalties under | 30 |
| division (A) of this section shall be credited to the | 31 |
| environmental education fund created in section 3745.22 of the | 32 |
| Revised Code. The remainder of the moneys so collected shall be | 33 |
| credited to the water pollution control administration fund, which | 34 |
| is hereby created in the state treasury. The water pollution | 35 |
| control administration fund shall be administered by the director. | 36 |
| Moneys in the water pollution control administration fund shall be | 37 |
| used to supplement other moneys available for the administration | 38 |
| and enforcement of this chapter and the rules adopted and terms | 39 |
| and conditions of orders and permits issued under it, including, | 40 |
| without limitation, the issuance of permits under it, and shall | 41 |
| not be used to satisfy any state matching fund requirements for | 42 |
| the receipt of any federal grant funds. | 43 |
| The director may expend not more than seven hundred fifty | 44 |
| thousand dollars of the moneys credited to the water pollution | 45 |
| control administration fund under this division in any fiscal year | 46 |
| for the purposes specified in this division. The director may | 47 |
| request authority from the controlling board to expend any moneys | 48 |
| credited to that fund in any fiscal year in excess of that amount. | 49 |
| Sec. 6111.10. After January 1, 1990, no person shall sell, | 50 |
| offer for sale, or distribute for sale in the counties of | 51 |
| Ashtabula, Trumbull, Lake, Geauga, Portage, Stark, Cuyahoga, | 52 |
| Summit, Medina, Lorain, Ashland, Richland, Huron, Erie, Crawford, | 53 |
| Marion, Wyandot, Seneca, Sandusky, Ottawa, Lucas, Wood, Hancock, | 54 |
| Hardin, Fulton, Henry, Putnam, Allen, Auglaize, Shelby, Mercer, | 55 |
| Van Wert, Paulding, Defiance, and Williams, a household laundry | 56 |
| detergent containing phosphorus in any form in excess of one-half | 57 |
| 58 |
| This section does not apply to: | 59 |
| (A) A cleanser, rinsing aid, | 60 |
| detergent intended primarily for use in an automatic or machine | 61 |
| dishwasher; | 62 |
| (B) An industrial or commercial conversion coating agent, | 63 |
| corrosion remover, paint remover, rust inhibitor, metal | 64 |
| brightener, etchant, or other surface conditioner; | 65 |
| (C) A solvent cleaner or other similar product not normally | 66 |
| used with water; | 67 |
| (D) A disinfectant, detergent, or sanitizer used in | 68 |
| institutions, hospitals, veterinary hospitals or clinics, nursing | 69 |
| homes, or other health care facilities or by commercial laundries | 70 |
| that provide laundry services for those institutions and | 71 |
| facilities or for other commercial establishments; | 72 |
| (E) A compound or product used in the manufacture or | 73 |
| processing of foods or food products, including those used in | 74 |
| dairy, beverage, egg, fish, poultry, meat, fruit, or vegetable | 75 |
| processing facilities; | 76 |
| (F) A product intended primarily for personal use, including, | 77 |
| but not limited to, bathing soaps, dentifrices, shampoos, | 78 |
| cleansing creams, toothpastes, or other products for the care of | 79 |
| the human body; | 80 |
| (G) A product subject to registration or control under | 81 |
| federal or state law governing foods, drugs, cosmetics, | 82 |
| insecticides, fungicides, or rodenticides; | 83 |
| (H) A product normally not used with water, such as a | 84 |
| cleanser for windows, ovens, or other hard surfaces; | 85 |
| (I) A water softening chemical, anti-scale chemical, or | 86 |
| corrosion inhibitor intended for use in circulatory systems, such | 87 |
| as boilers, air conditioners, cooling towers, or hot water heating | 88 |
| systems; | 89 |
| (J) A product used as a cleanser in the washing of milking or | 90 |
| milk storage equipment normally used in the production of milk for | 91 |
| market; | 92 |
| (K) A compound or product used for cleaning in | 93 |
| transportation, commercial, or industrial activities; | 94 |
| (L) Retail sales or offers for sale from a retailer's | 95 |
| inventory of a product otherwise covered by this section that | 96 |
| remains at the end of the business day on December 31, 1989, if | 97 |
| the retailer's inventory of the product during December, 1989, | 98 |
|
does not exceed | 99 |
| during the previous twelve months. | 100 |
| A person who unknowingly sells, offers for sale, or | 101 |
| distributes for sale a household laundry detergent in violation of | 102 |
| this section is not subject to the imposition of a civil penalty | 103 |
| under section 6111.09 of the Revised Code for that violation if | 104 |
| the sale, offer for sale, or distribution for sale occurred | 105 |
| because of the inadvertent or unintentional delivery of the | 106 |
| detergent to a business location in a county where such sale, | 107 |
| offer for sale, or distribution for sale is prohibited under this | 108 |
| section. | 109 |
| This section is intended for general application throughout | 110 |
| the counties enumerated in it. Therefore, no such county and no | 111 |
| political subdivision located within any such county shall adopt | 112 |
| or enforce any law, ordinance, rule, resolution, requirement, or | 113 |
| policy regulating the phosphorus content of any household laundry | 114 |
| detergent that is to be sold, offered for sale, or distributed for | 115 |
| sale in that county or political subdivision. | 116 |
| Sec. 6111.11. On and after July 1, 2010, no person shall | 117 |
| sell, offer for sale, or distribute for sale a cleanser, rinsing | 118 |
| aid, sanitizing agent, or detergent that is intended primarily for | 119 |
| use in an automatic or machine dishwasher and that contains | 120 |
| phosphorus in any form in excess of one-half per cent by weight | 121 |
| expressed as elemental phosphorus. | 122 |
| This section does not apply to either of the following: | 123 |
| (A) Cleansers, rinsing aids, sanitizing agents, or detergents | 124 |
| that are used in an automatic or machine dishwasher in a | 125 |
| commercial or institutional facility; | 126 |
| (B) Retail sales or offers for sale from a retailer's | 127 |
| inventory of a product that is otherwise covered by this section | 128 |
| and that remains at the end of the business day on June 30, 2010, | 129 |
| if the retailer's inventory of the product during June 2010 does | 130 |
| not exceed the retailer's average monthly inventory during the | 131 |
| previous twelve months. | 132 |
| Section 2. That existing sections 6111.09 and 6111.10 of the | 133 |
| Revised Code are hereby repealed. | 134 |