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ACT OF THE GENERAL ASSEMBLY 2007-2008

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NO. 28.  AN ACT RELATING TO REDUCING THE AMOUNT OF PHOSPHORUS ALLOWED IN HOUSEHOLD CLEANSING PRODUCTS USED IN DISHWASHERS.

(S.137)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  10 V.S.A. § 1382 is amended to read:

§ 1382.  PROHIBITIONS

(a)  No household cleansing products except those used in dishwashers, for cleansing medical and surgical equipment, food and beverage processing equipment, and dairy equipment may be distributed, sold, offered, or exposed for sale at retail, after April 1, 1978, or at wholesale, after January 1, 1978, or used in a commercial establishment in this state, after April 1, 1978, which shall contain a phosphorus compound in concentrations in excess of a trace quantity.

(b)  No household cleansing products used in dishwashers, for cleansing medical and surgical equipment and food and beverage processing equipment, may be distributed, sold, offered, or exposed for sale at retail, after April 1, 1978, or at wholesale, after January 1, 1978, or used in a commercial establishment in this state, after April 1, 1978, which shall contain a phosphorus compound in concentrations in excess of 8.7 percent by weight expressed as elemental phosphorus. 

(a)  No household cleansing products containing a phosphorus compound in concentrations in excess of a trace quantity may be distributed, sold, offered for sale at retail or wholesale, exposed for sale at retail or wholesale, or used in a commercial establishment in this state, except as set forth in subsections (b) and (c) of this section.

(b)  No household cleansing product used in a dishwasher in a commercial establishment, used to cleanse food and beverage processing equipment, including dishes, pots, pans and utensils, used to cleanse medical or surgical equipment, or used to cleanse dairy equipment may be distributed, sold, offered for sale at retail or wholesale, exposed for sale at retail or wholesale, or used in a commercial establishment if it contains a phosphorus compound in concentrations in excess of 8.7 percent by weight expressed as elemental phosphorus.

(c)  As of July 1, 2010, no household cleansing product used in a residential dishwasher may be distributed, sold, offered for sale at retail or wholesale, or exposed for sale at retail or wholesale if it contains a phosphorus compound in concentrations in excess of a trace quantity, except for product inventory purchased by retailers prior to July 1, 2010.

(c)(d)  The provisions of this section shall not be construed to limit the phosphorus content of household cleansing products used in agricultural production and for cleansing equipment used in processing of agricultural products.

(d)(e)  The provisions of this section shall not be construed to limit the phosphorus content of household cleaning products approved by the commissioner of health for use in lead hazard management projects.

Approved:  May 16, 2007



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us