723.01 Definitions.
723.02 Labeling.
723.03 Limitations.
723.99 Penalty.
CROSS REFERENCES
Water pollution - see Ohio R.C. 715.28, 743.24 et seq; H. & S. 1113.04
Labeling of hazardous substances - see Ohio R.C. Ch. 3716
Solid and hazardous wastes - see Ohio R.C. Ch. 3734
Environmental Protection Agency - see Ohio R.C. Ch. 3745
Deceptive trade practices - see Ohio R.C. Ch. 4165
As used in this chapter:
(a) “Synthetic detergent” or “detergent” means any cleaning compound which is available for household use, laundry use, other personal uses or industrial use, which is composed of organic and inorganic compounds, including soaps, water softeners, surface active agents, dispersing agents, foaming agents, buffering agents, builders, fillers, dyes, enzymes and fabric softeners, whether in the form of crystals, powders, flakes, bars, liquids, sprays or any other form.
(Ord. 92-1971. Passed 4-19-71.)
(b) “Polyphosphate builder” or “phosphorous” means a water softening and soil suspending agent made from condensed phosphates, including pyrophosphates, triphosphates, tripolyphosphates, metaphosphates and glassy phosphates, used as a detergent ingredient, but shall not include “polyphosphate builders' or “phosphorous” which is essential for medical, scientific or special engineering use under such conditions and regulations as may be prescribed, after hearing, by the Service Director or his or her designee. (Adopting Ordinance)
(c) “Recommended use level” means the amount of synthetic detergent or detergent which the manufacturer thereof recommends for use per wash load, at which level such synthetic detergent or detergent will effectively perform its intended function.
(d) “Machine dishwasher” means equipment manufactured for the purpose of cleaning dishes, glassware and other utensils involved in food preparation, consumption or use, using a combination of water agitation and high temperatures.
(e) “Dairy equipment,” “beverage equipment” and “food processing equipment” mean that equipment used in the production of milk and dairy products, foods and beverages, including the processing, preparation or packaging thereof for consumption.
(f) “Industrial cleaning equipment” means machinery and other tools used in cleaning processes during the course of industrial manufacturing, production and assembly.
(Ord. 92-1971. Passed 4-19-71.)
No person, firm or corporation shall sell, offer or expose for sale, give or furnish any synthetic detergent or detergent, whether in the form of crystals, powders, flakes, bars, liquids, sprays or any other form, in the City from and after August 1, 1971, unless the container wrapper or other packaging thereof is clearly labeled with respect to its polyphosphate builder or phosphorus ingredient content which is clearly and legibly set forth thereon in terms of percentage of phosphorus by weight, expressed as elemental phosphorus per container, wrapper or other packaging thereof, as well as grams of phosphorus, expressed as elemental phosphorus, per recommended use level.
(Ord. 92-1971. Passed 4-19-71.)
(a) No person, firm or corporation shall sell, offer or expose for sale, give or furnish any synthetic detergent or detergent containing more than eight and seven-tenths percent of phosphorus by weight, expressed as elemental phosphorus, within the City, unless the recommended use level of such synthetic detergent or detergent contains less than seven grams of phosphorus by weight, expressed as elemental phosphorus, and unless the recommended use or loading level and grams of phosphorus contained therein is conspicuously marked on the package in which such synthetic detergent or detergent is sold or offered for sale. Notwithstanding the foregoing provisions of this subsection, synthetic detergents or detergents manufactured for use in machine dishwashers, dairy equipment, beverage equipment, food processing equipment and industrial cleaning equipment shall not be subject to the limitations herein set forth.
(b) The concentration of phosphorus by weight, expressed as elemental phosphorus, in any synthetic detergent or detergent shall be determined by the current applicable method prescribed by the American Society for Testing and Materials (ASTM).
(Ord. 75-1985. Passed 6-3-85.)
Whoever violates any of the provisions of this chapter is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty days, or both, for a first offense. For a second or subsequent offense, such person is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both. A separate offense shall be deemed committed each day during or on which a violation occurs or continues after notification thereof.