# COMAR Title 26 — Department of the Environment

## Subtitle 08 — Water Pollution

### Chapter 06 — Cleaning Agents

**Authority:** Environment Article, §§9-1501—9-1505, Annotated Code of Maryland

**Administrative History:** Effective date: July 13, 1986 (13:14 Md. R. 1633)

**Administrative History:** Recodified from COMAR 10.50.08 to COMAR 26.08.06

#### Regulation .01 Scope.

*COMAR 26.08.06.01*

These regulations restrict phosphorous content in laundry and dishwashing cleaning agents.

#### Regulation .02 Definitions.

*COMAR 26.08.06.02*

A. The following terms have the meanings indicated.

B. Terms Defined.

  (1) “Cleaning agent” means a laundry detergent, dishwashing compound, household cleaner, metal cleaner, phosphate compound, or other substance that is used or intended to be used for cleaning purposes.

  (2) “Department” means the Department of the Environment.

  (3) “Dishwashing detergent” means a cleaning agent sold, used, or manufactured for the purpose of cleaning dishes, whether by hand or by household or commercial machine.

  (4) “Laundry detergent” means a cleaning agent sold, used, or manufactured for the purpose of cleaning laundry, whether by hand or by household or commercial machine.

  (5) “Person” includes the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm. association, public or private corporation, or any other entity.

  (6) “State” means the State of Maryland.

#### Regulation .03 Phosphate Ban.

*COMAR 26.08.06.03*

A. After December 1, 1985, a person may not use, sell, manufacture, or distribute for use or sale any cleaning agent that contains phosphorous, except as provided below:

  (1) Products that may be used, sold, manufactured, or distributed for use or sale regardless of phosphorous content include:

    (a) A detergent:

      (i) Used in dairy, beverage, or food processing cleaning equipment,

      (ii) Used in hospitals, veterinary hospitals, clinics, health care facilities, or in agricultural production,

      (iii) Used by industry for metal cleaning or conditioning,

      (iv) Manufactured, stored, or distributed for use or sale outside the State,

      (v) Used in any laboratory, including a biological laboratory, research facility, chemical laboratory, and engineering laboratory,

      (vi) Used in a commercial laundry that provides laundry services for a hospital, health care facility, or veterinary hospital, or

      (vii) Used for surface cleaning, appliance cleaning, or specialty home cleaning, and not for dishwashing or laundry;

    (b) A phosphoric acid product, including a sanitizer, brightener, acid cleaner, or metal conditioner;

    (c) A substance the Department excludes from the phosphorous limitations of this section based on a finding that compliance with this section would:

      (i) Create a significant hardship on the user, or

      (ii) Be unreasonable because of the lack of an adequate substitute cleaning agent that could be substituted for the subject cleaning agent without significant cost or effect differences.

  (2) Laundry Detergents. After December 1, 1985, a person may use, sell, manufacture, or distribute for use or sale a laundry detergent that contains 0.5 percent phosphorous or less that is incidental to manufacturing.

  (3) Dishwashing Detergents. After December 1, 1985, a person may use, sell, manufacture, or distribute for use or sale a dishwashing detergent that contains 8.7 percent phosphorous or less by weight.

B. Products Used in Coin-Operated Laundries and Septic Tanks. The Department finds that no significant hardship exists for owners of coin-operated laundries and for owners of septic tanks, so products used by these two groups are specifically included in the phosphate ban.

C. Penalties.

  (1) A person who uses a cleaning agent in violation of this chapter is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

  (2) A person who sells, distributes, or manufactures a cleaning agent in violation of this chapter is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

  (3) The Department may seize any cleaning agent held for sale or distribution in violation of this chapter. The seized cleaning agents are considered forfeited.