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S. B. No. 214 As Reported by the Senate Environment and Natural Resources CommitteeAs Reported by the Senate Environment and Natural Resources Committee
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Senators Jacobson, Spada, Miller, D., Morano, Kearney, Mumper
A BILL
To amend sections 6111.09 and 6111.10 and to enact
section 6111.11 of the Revised Code to prohibit
the sale of dishwasher detergent that contains
above a specified amount of phosphorus.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 6111.09 and 6111.10 be amended and
section 6111.11 of the Revised Code be enacted to read as follows:
Sec. 6111.09. (A) Any person who violates section 6111.07
of
the Revised Code shall pay a civil penalty of not more than
ten
thousand dollars per day of violation. Any person who
purposely
violates section 6111.10 or 6111.11 of the Revised Code shall pay
a civil penalty of fifty dollars for a first violation and a
civil
penalty of not more than five hundred dollars for each
subsequent
violation occurring within twelve months of the first
violation.
The attorney general, upon written request by the director
of
environmental protection, shall commence an action under this
section against any person who violates section 6111.07 of the
Revised Code. The director shall notify in writing any person
who
is allegedly selling or offering for sale a product in
violation
of section 6111.10 or 6111.11 of the Revised Code of the alleged
specific violation and shall request the person to remove the
product from his the person's sales area. If at least ten days
after
providing such that notification the director determines
that the
person has failed to remove the product from his the
person's
sales area, the
director in writing shall request the
attorney general to, and
the attorney general shall, commence an
action under this section
against the person. Any action under
this section is a civil
action, governed by the Rules of Civil
Procedure and other rules
of practice and procedure applicable to
civil actions.
(B) One-half of the moneys collected as civil penalties
under
division (A) of this section shall be credited to the
environmental education fund created in section 3745.22 of the
Revised Code. The remainder of the moneys so collected shall be
credited to the water pollution control administration fund, which
is hereby
created in the state treasury. The water pollution
control administration
fund shall be administered by the director.
Moneys in the water pollution
control administration fund shall be
used to supplement other moneys available
for the administration
and enforcement of this chapter and the rules adopted
and terms
and conditions of orders and permits issued under it, including,
without limitation, the issuance of permits under it, and shall
not be used to
satisfy any state matching fund requirements for
the receipt of any federal
grant funds.
The director may expend not more than seven hundred fifty
thousand dollars of
the moneys credited to the water pollution
control administration fund under
this division in any fiscal year
for the purposes specified in this division.
The director may
request authority from the controlling board to expend any
moneys
credited to that fund in any fiscal year in excess of that amount.
Sec. 6111.10. After January 1, 1990, no person shall sell,
offer for sale, or distribute for sale in the counties of
Ashtabula, Trumbull, Lake, Geauga, Portage, Stark, Cuyahoga,
Summit, Medina, Lorain, Ashland, Richland, Huron, Erie, Crawford,
Marion, Wyandot, Seneca, Sandusky, Ottawa, Lucas, Wood, Hancock,
Hardin, Fulton, Henry, Putnam, Allen, Auglaize, Shelby, Mercer,
Van Wert, Paulding, Defiance, and Williams, a household laundry
detergent containing phosphorus in any form in excess of one-half
percent per cent by weight expressed as elemental phosphorus.
This section does not apply to:
(A) A cleanser, rinsing aid, or sanitizing agent, or
detergent intended
primarily for use in an automatic or machine
dishwasher;
(B) An industrial or commercial conversion coating agent,
corrosion remover, paint remover, rust inhibitor, metal
brightener, etchant, or other surface conditioner;
(C) A solvent cleaner or other similar product not
normally
used with water;
(D) A disinfectant, detergent, or sanitizer used in
institutions, hospitals, veterinary hospitals or clinics, nursing
homes, or other health care facilities or by commercial laundries
that provide laundry services for those institutions and
facilities or for other commercial establishments;
(E) A compound or product used in the manufacture or
processing of foods or food products, including those used in
dairy, beverage, egg, fish, poultry, meat, fruit, or vegetable
processing facilities;
(F) A product intended primarily for personal use,
including,
but not limited to, bathing soaps, dentifrices,
shampoos,
cleansing creams, toothpastes, or other products for
the care of
the human body;
(G) A product subject to registration or control under
federal or state law governing foods, drugs, cosmetics,
insecticides, fungicides, or rodenticides;
(H) A product normally not used with water, such as a
cleanser for windows, ovens, or other hard surfaces;
(I) A water softening chemical, anti-scale chemical, or
corrosion inhibitor intended for use in circulatory systems, such
as boilers, air conditioners, cooling towers, or hot water
heating
systems;
(J) A product used as a cleanser in the washing of milking
or
milk storage equipment normally used in the production of milk
for
market;
(K) A compound or product used for cleaning in
transportation, commercial, or industrial activities;
(L) Retail sales or offers for sale from a retailer's
inventory of a product otherwise covered by this section that
remains at the end of the business day on December 31, 1989, if
the retailer's inventory of the product during December, 1989,
does not exceed his the retailer's average monthly inventory
during the previous
twelve months.
A person who unknowingly sells, offers for sale, or
distributes for sale a household laundry detergent in violation
of
this section is not subject to the imposition of a civil
penalty
under section 6111.09 of the Revised Code for that
violation if
the sale, offer for sale, or distribution for sale
occurred
because of the inadvertent or unintentional delivery of
the
detergent to a business location in a county where such sale,
offer for sale, or distribution for sale is prohibited under this
section.
This section is intended for general application throughout
the counties enumerated in it. Therefore, no such county and no
political subdivision located within any such county shall adopt
or enforce any law, ordinance, rule, resolution, requirement, or
policy regulating the phosphorus content of any household laundry
detergent that is to be sold, offered for sale, or distributed
for
sale in that county or political subdivision.
Sec. 6111.11. On and after July 1, 2010, no person shall
sell, offer for sale, or distribute for sale a cleanser, rinsing
aid, sanitizing agent, or detergent that is intended primarily for
use in an automatic or machine dishwasher and that contains
phosphorus in any form in excess of one-half per cent by weight
expressed as elemental phosphorus.
This section does not apply to either of the following:
(A) Cleansers, rinsing aids, sanitizing agents, or detergents
that are used in an automatic or machine dishwasher in a
commercial or institutional facility;
(B) Retail sales or offers for sale from a retailer's
inventory of a product that is otherwise covered by this section
and that remains at the end of the business day on June 30, 2010,
if the retailer's inventory of the product during June 2010 does
not exceed the retailer's average monthly inventory during the
previous twelve months.
Section 2. That existing sections 6111.09 and 6111.10 of the
Revised Code are hereby repealed.
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