A. Purpose: This Section is created under the authority granted by Idaho Code, section 50-302. Its purpose is to participate and cooperate with other governmental entities in this area in a regional effort to reduce the nutrients which enter surface and subsurface bodies of water in the region.
B. Definitions:
LAUNDRY CLEANING PRODUCT: Any product including, but not limited to, soaps, detergents, laundry bleaches, laundry additives and fabric softeners used for the purpose of cleaning laundry.
PERSON: Any individual, partnership, corporation, unincorporated association, governmental entity, or any other legal entity.
PHOSPHORUS: Elemental phosphorus.
TRACE QUANTITY: Any incidental amount of phosphorus which is not part of the laundry cleaning product formulation, and is present only as a consequence of manufacturing, and does not exceed one-half of one percent (0.5%) of the content of the product by weight expressed as elemental phosphorus.
C. Product Labeling; Sales Prohibited:
1. All laundry cleaning products sold or distributed within the City limits shall have affixed thereto labeling which clearly indicates the percent of phosphorus contained in the product to the nearest one-tenth of one percent (0.1%) accuracy. Laundry cleaning products which contain only a trace quantity of phosphorus may be labeled "Contains No Phosphorus", "Contains No Phosphates", or similar labeling which makes a clear statement that no prohibited quantity of phosphorus is present in the product.
2. It shall be unlawful for any person to sell, distribute, offer or expose for sale, whether for domestic or commercial use, and whether at wholesale or at retail, within the City limits, any laundry cleaning product which contains phosphorus in excess of a trace quantity.
D. Penalty: Each person found to be in violation of any provision of this Section shall have committed a misdemeanor offense, and each day that each violation continues shall constitute a separate misdemeanor offense. The penalty for each violation shall be that prescribed by Section 1-4-1 of this Code. (Ord. 348, 6-16-90; 1995 Code)