§ 143-214.4. Certain cleaning agents containing phosphorus prohibited. - North Carolina Statutes

§ 143‑214.4.  Certaincleaning agents containing phosphorus prohibited.

(a)        No person maymanufacture, store, sell, use, or distribute for sale or use any cleaning agentcontaining phosphorus in the State, except as otherwise provided in thissection.

(b)        As used in thissection, "cleaning agent" means a laundry detergent, dishwashingcompound, household cleaner, metal cleaner or polish, industrial cleaner, orother substance that is used or intended for use for cleaning purposes.

(c)        This section shallnot apply to cleaning agents which are used:

(1)        In agricultural ordairy production;

(2)        To clean commercialfood or beverage processing equipment or containers;

(3)        As industrialsanitizers, metal brighteners, or acid cleaners, including those containing phosphoricacid or trisodium phosphate;

(4)        In industrialprocesses for metal, fabric or fiber cleaning and conditioning;

(5)        In hospitals,clinics, nursing homes, other health care facilities, or veterinary hospitalsor clinics;

(6)        By a commerciallaundry or textile rental service company or any other commercial entity: (i)to provide laundry service to hospitals, clinics, nursing homes, other healthcare facilities, or veterinary hospitals or clinics; (ii) to clean textileproducts supplied to industrial or commercial users of the products on a rentalbasis; or (iii) to clean professional, industrial or commercial work uniforms;

(7)        In the manufactureof health care or veterinary supplies;

(8)        In any medical,biological, chemical, engineering or other such laboratory, including thoseassociated with any academic or research facility;

(9)        As water softeners,antiscale agents, or corrosion inhibitors, where such use is in a closed systemsuch as a boiler, air conditioner, cooling tower, or hot water heating system;

(10)      To clean hardsurfaces including windows, sinks, counters, floors, ovens, food preparationsurfaces, and plumbing fixtures.

(d)        This section shallnot apply to cleaning agents which:

(1)        Contain phosphorusin an amount not exceeding five‑tenths of one percent (0.5%) by weightwhich is incidental to manufacturing;

(2)        Contain phosphorusin an amount not exceeding eight and seven‑tenths percent (8.7%) byweight and which are intended for use in a commercial or household dishwashingmachine;

(3)        Are manufactured,stored, sold, or distributed for use solely outside the State.

(e)        The Commission maypermit the use of a cleaning agent which contains phosphorus in an amountexceeding five‑tenths of one percent (0.5%) but not exceeding eight andseven‑tenths percent (8.7%) by weight upon a finding that there is noadequate substitute for such cleaning agent, or that compliance with thissection would otherwise be unreasonable or create a significant hardship on theuser. The Commission shall adopt rules to administer this subsection.

(f)         Any person whomanufactures, sells or distributes any cleaning agent in violation of thissection shall be guilty of a Class 3 misdemeanor punishable only by a fine notto exceed fifty dollars ($50.00).

(g)        Any person who usesany cleaning agent in violation of the provisions of this section shall beresponsible for an infraction for which the sanction is a penalty of not morethan ten dollars ($10.00). Notwithstanding G.S. 14‑3.1(a), the clearproceeds of infractions pursuant to this section shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2. (1987, c. 111, s. 1; c. 817;c. 827, s. 154; 1993, c. 539, s. 1017; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑215,s. 61; 2006‑203, s. 88.)