In this subtitle, “cleaning agent” means a laundry detergent, dishwashing compound, household cleaner, metal cleaner, degreasing compound, commercial cleaner, industrial cleaner, phosphate compound, or other substance that is intended to be used for cleaning purposes.

This subtitle does not apply to a cleaning agent that is: A detergent used in dairy, beverage, or food processing cleaning equipment; A phosphoric acid product, including a sanitizer, brightener, acid cleaner, or metal conditioner; A detergent used in hospitals, veterinary hospitals or clinics, or health care facilities or in agricultural production; A detergent used by industry for metal cleaning or conditioning; Manufactured, stored, or distributed for use or sale outside of the State; Used in any laboratory, including a biological laboratory, research facility, chemical laboratory, and engineering laboratory; or Used in a commercial laundry that provides laundry services for a hospital, health care facility, or veterinary hospital.

Except as provided in subsection (b) of this section, a person may not use, sell, manufacture, or distribute for use or sale within the State any cleaning agent that contains more than 0.0 percent phosphorus by weight expressed as elemental phosphorus except for an amount not exceeding 0.5 percent phosphorus that is incidental to manufacturing. Except as provided in subsection (c) of this section, a person may use, sell, manufacture, or distribute for use or sale a cleaning agent that contains greater than 0.0 percent phosphorus by weight, but does not exceed 8.7 percent phosphorus by weight that is: A detergent used in a commercial dishwashing machine; or A substance the Secretary, by rule and regulation, excludes from the 0.0 percent phosphorus limitation of subsection (a) of this section based on a finding that compliance with this section would: Create a significant hardship on the user; or Be unreasonable because of the lack of an adequate substitute cleaning agent. A person may not use, sell, manufacture, or distribute for use or sale within the State any detergent for use in a household dishwashing machine that contains more than 0.5 percent phosphorus by weight. After July 1, 2013, a person may not use, sell, manufacture, or distribute for use or sale within the State any detergent for use in a commercial dishwashing machine that contains more than 0.5 percent phosphorus by weight.

The Department shall adopt rules and regulations to carry out the provisions of this subtitle. The Department shall enforce this subtitle.

Any person who uses a cleaning agent in violation of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100. Except as provided in subparagraph (ii) of this paragraph, any person who sells, distributes, or manufactures a cleaning agent in violation of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000. Any person who knowingly sells or distributes for use or sale within the State a detergent for use in a household dishwashing machine in violation of § 9–1503(c) of this subtitle is guilty of a misdemeanor and on conviction is subject to: For a first offense, a fine not exceeding $1,000; or For a second or subsequent offense, a fine of not less than $1,000 and not exceeding $25,000. The Department may seize any cleaning agent held for sale or distribution in violation of this subtitle. The seized cleaning agents are considered forfeited.