BILL NUMBER: SB 1230	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 24, 2008

INTRODUCED BY   Senator Maldonado

                        FEBRUARY 14, 2008

   An act to add Chapter 12 (commencing with Section 108945) to Part
3 of Division 104 of the Health and Safety Code, relating to product
safety.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1230, as amended, Maldonado. Detergents: phosphorus.
   Existing law prohibits the manufacture, processing, and
distribution in commerce of products containing certain chemicals
found to raise health risks, including, but not limited to,
polybrominated diphenyl ether and phthalates.
   This bill would, commencing  January   July
 1, 2010, prohibit the use, sale, manufacture, or distribution
for sale of any cleaning agent, as defined, if that product contains
more than  0%   .5%  phosphorus by weight,
except as specified. The bill would provide for the State Department
of Health Care Services to authorize by regulation the use of a
cleaning agent that contains phosphorus of an amount exceeding
 0%  .5%  upon finding that compliance with
these provisions would create a significant hardship on the user or
would otherwise be unreasonable because there is no adequate
substitute for that cleaning agent.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 12 (commencing with Section 108945) is added to
Part 3 of Division 104 of the Health and Safety Code, to read:
      CHAPTER 12.  PHOSPHORUS IN DETERGENTS


   108945.  (a) Commencing July 1, 2010, no person may use, sell,
manufacture, or distribute for sale any cleaning agent containing
more than  0   .5  percent phosphorus by
weight, expressed as elemental phosphorus, other than an amount not
exceeding 0.5 percent that is incidental to manufacturing, except as
otherwise provided in this chapter.
   (b) As used in this chapter, "cleaning agent" means a laundry
detergent, dishwashing compound, household dishwashing detergent,
household cleaner, metal cleaner, industrial cleaner, phosphate
compound, or other substance that is used or intended to be used for
cleaning purposes.
   108947.  This chapter does not apply to a cleaning agent that
contains greater than  0   .5  percent
phosphorus by weight, but does not exceed 8.7 percent phosphorus by
weight, that is used:
   (a) In a commercial dishwashing machine.
   (b) In dairy, beverage, or food processing equipment.
   (c) As an industrial sanitizer, brightener, or acid cleaner or
metal conditioner, including products containing phosphoric acid or
trisodium phosphate.
   (d) In hospitals or health care facilities, veterinary hospitals
or clinics, agricultural or dairy production, or the manufacture of
health care supplies.
   (e) In a commercial laundry that provides laundry services for a
hospital, health care facility, or veterinary hospital.
   (f) By industry for metal cleaning or conditioning.
   (g) In any medical, biological, chemical, engineering, or other
laboratory, including those associated with any academic or research
institution.
   (h) For cleaning hard surfaces, including household cleansers for
windows, sinks, counters, ovens, tubs, or other food preparation
surfaces and plumbing fixtures.
   (i) As a water-softening agent, antiscale agent, or corrosion
inhibitor, if that use is in a closed system, such as a boiler,
air-conditioner, cooling tower, or hot water heating system.
   108949.  This chapter does not apply to cleaning agents that are
manufactured, stored, or distributed for use or sale solely outside
of this state.
   108951.  The State Department of Health Care Services may
authorize by regulation the use of a cleaning agent that contains
phosphorus of an amount exceeding  0   .5 
percent by weight upon finding that compliance with this chapter
would create a significant hardship on the user or would otherwise be
unreasonable because there is no adequate substitute for that
cleaning agent.