(a) Except as provided in subsection (b) of this section, a person may not use, sell, manufacture, or distribute for use or sale within the State any cleaning agent that contains more than 0.0 percent phosphorus by weight expressed as elemental phosphorus except for an amount not exceeding 0.5 percent phosphorus that is incidental to manufacturing. (b) Except as provided in subsection (c) of this section, a person may use, sell, manufacture, or distribute for use or sale a cleaning agent that contains greater than 0.0 percent phosphorus by weight, but does not exceed 8.7 percent phosphorus by weight that is: (1) A detergent used in a commercial dishwashing machine; or (2) A substance the Secretary, by rule and regulation, excludes from the 0.0 percent phosphorus limitation of subsection (a) 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. (c) (1) A person may not use, sell, manufacture, or distribute for use or sale within the State any detergent for use in a household dishwashing machine that contains more than 0.5 percent phosphorus by weight. (2) After July 1, 2013, a person may not use, sell, manufacture, or distribute for use or sale within the State any detergent for use in a commercial dishwashing machine that contains more than 0.5 percent phosphorus by weight.
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