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HARRY HUGHES, Governor 2653
(A) EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION,
AFTER DECEMBER 1, 1985, A PERSON MAY NOT USE, SELL, MANUFACTURE,
OR DISTRIBUTE FOR USE OR SALE IN WITHIN THE STATE ANY CLEANING
AGENT THAT CONTAINS MORE THAN 0.0 PERCENT PHOSPHOROUS PHOSPHORUS
BY WEIGHT EXPRESSED AS ELEMENTAL PHOSPHOROUS PHOSPHORUS EXCEPT
FOR AN AMOUNT NOT EXCEEDING 0.5 PERCENT PHOSPHOROUS PHOSPHORUS
THAT IS INCIDENTAL TO MANUFACTURING.
(B) AFTER DECEMBER 1, 1985, A PERSON MAY USE, SELL,
MANUFACTURE, OR DISTRIBUTE FOR USE OR SALE A CLEANING AGENT THAT
CONTAINS GREATER THAN 0.0 PERCENT PHOSPHOROUS PHOSPHORUS BY
WEIGHT, BUT DOES NOT EXCEED 8.7 PERCENT PHOSPHOROUS PHOSPHORUS BY
WEIGHT THAT IS:
(1) A DETERGENT USED IN A DISHWASHING MACHINE,
WHETHER COMMERCIAL OR HOUSEHOLD; OR
(2) A DETERGENT USED IN DAIRY, BEVERAGE, OR FOOD
PROCESSING CLEANING EQUIPMENT;
(3) A PHOSPHORIC ACID PRODUCT, INCLUDING A SANITIZER,
BRIGHTENER, ACID CLEANER, OR METAL CONDITIONER; OR
(4)(2) A SUBSTANCE THE SECRETARY, BY RULE AND
REGULATION, EXCLUDES FROM THE 0.0 PERCENT PHOSPHOROUS PHOSPHORUS
LIMITATION OF SUBSECTION (A) OF THIS SECTION BASED ON A FINDING
THAT COMPLIANCE WITH THIS SECTION WOULD:
OR
(I) CREATE A SIGNIFICANT HARDSHIP ON THE USER;
(II) BE UNREASONABLE BECAUSE OF THE LACK OF AN
ADEQUATE SUBSTITUTE CLEANING AGENT.
9-1503 9-1504.
(A) THE DEPARTMENT SHALL ADOPT RULES AND REGULATIONS TO
CARRY OUT THE PROVISIONS OF THIS SUBTITLE.
(B) THE DEPARTMENT SHALL ENFORCE THIS SUBTITLE.
(C) ON OR BEFORE JANUARY 1, 1988 DECEMBER 1, 1988, THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE IN CONSULTATION WITH THE
DEPARTMENT OF NATURAL RESOURCES SHALL REPORT TO THE GOVERNOR AND,
SUBJECT TO § 2-1312 OF THE STATE GOVERNMENT ARTICLE, TO THE
GENERAL ASSEMBLY ON THE EFFECTIVENESS OF THIS SUBTITLE IN
REDUCING THE LEVEL OF PHOSPHOROUS PHOSPHORUS IN THE WATERS OF THE
STATE.
9-1504 9-1505.
(A) ANY PERSON WHO VIOLATES THE PROVISIONS OF THIS SUBTITLE
IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE
OF NOT TO EXCEED $1,000.
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