75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2591
 
                           A-Engrossed
 
                         Senate Bill 631
                 Ordered by the Senate March 25
           Including Senate Amendments dated March 25
 
Sponsored by Senator DINGFELDER; Senator BONAMICI, Representative
  BAILEY
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Modifies prohibition on sale or distribution of cleaning agents
containing phosphorus.
 
                        A BILL FOR AN ACT
Relating to phosphate cleaning agents; creating new provisions;
  and amending ORS 468B.120 and 468B.130.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 468B.130 is amended to read:
  468B.130. (1) Except as provided in subsection (2) of this
section,   { - no - }   { + a + } person may  { + not + } sell,
offer to sell or distribute for sale within Oregon  { - , - }
any cleaning agent containing more than 0.5 percent phosphorus by
weight.
  (2) A cleaning agent used in automatic  { + commercial + }
dishwashers may be sold, offered for sale or distributed in
Oregon if the cleaning agent contains 8.7 percent or less
phosphorus by weight.
  (3) All cleaning agents that are sold in this state shall be
labeled with the percent of phosphorus by weight, including
equivalency in grams of phosphorus per recommended use level.
  (4) The Environmental Quality Commission   { - shall - }
 { + may + } adopt rules governing the labeling requirements
imposed by subsection (3) of this section.
  SECTION 2. ORS 468B.120 is amended to read:
  468B.120. As used in ORS 468B.120 to 468B.135:
  (1) 'Cleaning agent' means any product, including but not
limited to soaps and detergents, containing a surfactant as a
wetting or dirt emulsifying agent and used primarily for domestic
or commercial cleaning purposes, including but not limited to the
cleansing of fabrics, dishes, food utensils and household
 { + and + } commercial premises. 'Cleaning agent' does not
include foods, drugs, cosmetics, insecticides, fungicides and
rodenticides or cleaning agents exempted under ORS 468B.135.
  (2) 'Commercial premises' means any premises used for the
purpose of carrying on or exercising any trade, business,
profession, vocation, commercial or charitable activity,
 
including but not limited to laundries, hotels, motels and food
or restaurant establishments.
  (3) 'Person' means any individual, firm, partnership or
corporation.
  (4) 'Phosphorus' means elemental phosphorus.
  SECTION 3.  { + Except as provided in section 4 of this 2009
Act, the amendments to ORS 468B.130 by section 1 of this 2009 Act
become operative July 1, 2010. + }
  SECTION 4.  { + The Environmental Quality Commission may adopt
rules before the operative date specified in section 3 of this
2009 Act or take any action before that date that is necessary to
implement the amendments to ORS 468B.130 by section 1 of this
2009 Act. + }
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