Section 35-0105. Distribution and sale of household cleansing products; possession or use of household cleansing products containing phosphorus by commercial establishments restricted  


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  • 1. No person shall distribute, sell, offer or expose for sale in  this
      state  any  household  cleansing product unless its wrapper or container
      shall  be  plainly  labeled  as  provided  in  this  subdivision.    The
      commissioner  may  by  rule  or  regulation  exempt  products shipped or
      distributed in bulk from provisions of this subdivision. The wrapper  or
      container  of  every household cleansing product must list the weight of
      each ingredient which the commissioner determines may  affect  adversely
      human   health   or  the  environment,  including  but  not  limited  to
      phosphorus. Such listing shall be by percentage of total weight of  such
      product  and  by  grams  per  recommended  use,  in  descending order of
      predominance. Labeling of ingredients shall be in  accordance  with  the
      nomenclature   established   by  regulation  of  the  commissioner.  The
      percentage by weight in the  container  and  the  weight  in  grams  per
      recommended  use level of each ingredient shall be expressed to at least
      two significant figures or as specified by the commissioner. Analyses to
      determine actual composition shall be performed in accordance with rules
      and regulations of the commissioner.
        2. No household cleansing product shall be distributed, sold,  offered
      or  exposed  for sale in this state after December 31, 1971, which shall
      contain a phosphorus  compound  in  excess  of  eight  and  seven-tenths
      percent  by  weight  expressed  as  phosphorus.  No  household cleansing
      product except those used in dishwashers, food and  beverage  processing
      equipment,  and  dairy  equipment shall be distributed, sold, offered or
      exposed for sale in this state on or after June  1,  1973,  which  shall
      contain  a  phosphorus  compound  other  than  such  trace or incidental
      concentrations as may be authorized by the commissioner  by  regulation.
      No  owner,  occupant, or person in control of a commercial establishment
      shall possess or use or authorize any other person  by  way  of  service
      contract  or  other  arrangement  to  possess  or  use in this state any
      household cleansing product except those used in dishwashers,  food  and
      beverage  processing equipment, and dairy equipment, on or after January
      1, 1976 which shall contain a phosphorus compound  other  than  in  such
      trace   or  incidental  concentrations  as  may  be  authorized  by  the
      commissioner by regulation.
        3. No person shall distribute, sell, offer or expose for sale in  this
      state  any  household  cleansing  product  which  does  not  comply with
      regulations of the commissioner promulgated pursuant to subdivision 3 of
      section 35-0107.