Md. Code Regs. 26.08.06.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.08.06.03 - Phosphate Ban

A. After December 1, 1985, a person may not use, sell, manufacture, or distribute for use or sale any cleaning agent that contains phosphorous, except as provided below:

(1) Products that may be used, sold, manufactured, or distributed for use or sale regardless of phosphorous content include:

(a) A detergent:

(i) Used in dairy, beverage, or food processing cleaning equipment,

(ii) Used in hospitals, veterinary hospitals, clinics, health care facilities, or in agricultural production,

(iii) Used by industry for metal cleaning or conditioning,

(iv) Manufactured, stored, or distributed for use or sale outside the State,

(v) Used in any laboratory, including a biological laboratory, research facility, chemical laboratory, and engineering laboratory,

(vi) Used in a commercial laundry that provides laundry services for a hospital, health care facility, or veterinary hospital, or

(vii) Used for surface cleaning, appliance cleaning, or specialty home cleaning, and not for dishwashing or laundry;

(b) A phosphoric acid product, including a sanitizer, brightener, acid cleaner, or metal conditioner;

(c) A substance the Department excludes from the phosphorous limitations of this section based on a finding that compliance with this section would:

(i) Create a significant hardship on the user, or

(ii) Be unreasonable because of the lack of an adequate substitute cleaning agent that could be substituted for the subject cleaning agent without significant cost or effect differences.

(2) Laundry Detergents. After December 1, 1985, a person may use, sell, manufacture, or distribute for use or sale a laundry detergent that contains 0.5 percent phosphorous or less that is incidental to manufacturing.

(3) Dishwashing Detergents. After December 1, 1985, a person may use, sell, manufacture, or distribute for use or sale a dishwashing detergent that contains 8.7 percent phosphorous or less by weight.

B. Products Used in Coin-Operated Laundries and Septic Tanks. The Department finds that no significant hardship exists for owners of coin-operated laundries and for owners of septic tanks, so products used by these two groups are specifically included in the phosphate ban.

C. Penalties.

(1) A person who uses a cleaning agent in violation of this chapter is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

(2) A person who sells, distributes, or manufactures a cleaning agent in violation of this chapter is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

(3) The Department may seize any cleaning agent held for sale or distribution in violation of this chapter. The seized cleaning agents are considered forfeited.

Md. Code Regs. 26.08.06.03