§ 93.03  REGULATIONS FOR PHOSPHORUS IN DETERGENTS.
   (A)   Definitions.  For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      HOUSEHOLD LAUNDRY DETERGENT.  A laundering cleaning compound in liquid, bar, spray, tablet, flake, powder, or other form used for domestic clothes-cleaning purposes.  The term HOUSEHOLD LAUNDRY DETERGENT shall not mean:
         (a)   A dishwashing compound, household cleaner, metal cleaner, degreasing compound, commercial cleaner, industrial cleaner, or other substance that is intended to be used for non-laundry cleaning purposes;
         (b)   A detergent used in dairy, beverage, or food processing cleaning equipment;
         (c)   A phosphorous acid product, including a sanitizer, brightener, acid cleaner, or metal conditioner;
         (d)   A detergent used in hospitals, veterinary hospitals or clinics, or health care facilities or in agricultural production;
         (e)   A detergent used by industry for metal cleaning or conditioning;
         (f)   A detergent manufactured, stored, or distributed for use or sale outside of the state;
         (g)   A detergent used in any laboratory, including a biological laboratory, research facility, chemical laboratory, and engineering laboratory; or
         (h)   A detergent used in a commercial laundry that provides laundry services for hospital, health care facility, or veterinary hospital.
      PHOSPHOROUS.  Elemental phosphorus.
   (B)   Restrictions.
      (1)   It shall be unlawful for any person, firm or corporation to sell, offer or expose for sale, give or furnish any household laundry detergent containing more than 0.5% phosphorus by weight within the city from and after September 1, 1992.
      (2)   The concentration of phosphorus by weight, expressed as elemental phosphorus in any synthetic detergent or detergent shall be determined by the current applicable methods prescribed by the American Society for Testing and Materials (A.S.T.M.).
   (C)   Inspection by city.  The city shall retain the right, but does not assume the duty to inspect at any time for conformance to this section.
   (D)   Notice of violation.  The city shall notify any person, firm or corporation, upon determination that a violation to the restrictions of this section has been committed.  Notice shall be sent by certified mail advising of the alleged violation and requiring that the sale of such detergents be discontinued within ten days from receipt of the notice.
   (E)   Penalty.  Any person not complying with the provisions of this section within the corporate limits of the city shall be guilty of a misdemeanor, and, upon conviction, shall be fined an amount not exceeding $200.  Each day that such violation continues shall be a separate offense.  Prosecution or conviction under this provision shall never be a bar to any other remedy or relief for violations of this section.
(Ord. 920407, passed 5- -1992)