PRINTER'S NO. 1065
No. 953 Session of 1991
INTRODUCED BY D. R. WRIGHT, COHEN, FAIRCHILD, STABACK, BELARDI,
PETRARCA, PISTELLA, RICHARDSON, TRELLO, PESCI, BILLOW,
CALTAGIRONE, COLAIZZO, JOSEPHS, LUCYK, LaGROTTA, GRUITZA,
MAYERNIK, FREEMAN, CARONE, KASUNIC, RUDY, KRUSZEWSKI, OLASZ,
STAIRS, FOX, HANNA, DEMPSEY, CIVERA, D. W. SNYDER, SERAFINI,
PHILLIPS, KING, BUSH, ARGALL, WOGAN, HERSHEY, CLYMER, SCHEETZ
AND SCHULER, APRIL 2, 1991
REFERRED TO COMMITTEE ON CONSERVATION, APRIL 2, 1991
AN ACT
1 Providing for labeling of, and information about, household
2 hazardous materials; conferring powers and duties upon the
3 Department of Environmental Resources; establishing the
4 Household Hazardous Materials Fund and providing for its
5 administration; and imposing penalties.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Household
10 Hazardous Materials Act.
11 Section 2. Declaration of policy.
12 The General Assembly finds and declares as follows:
13 (1) Safeguarding public health, promoting worker safety
14 and protecting the environment by reducing the use of toxic
15 materials is the top priority of the Commonwealth for
16 hazardous waste and toxic material management.
17 (2) The Commonwealth should promote education and
1 information about toxics-use reduction in the home and in the
2 workplace.
3 (3) The Commonwealth should establish toxics-use
4 reduction as the preferred method for achieving compliance
5 with a Federal or State law pertaining to toxics production
6 and use, hazardous materials management, worker safety,
7 public health or releases of toxics into the environment.
8 (4) The Commonwealth should reduce the toxicity of the
9 solid waste stream to the maximum extent feasible.
10 (5) The Commonwealth should sustain and promote the
11 competitive position of Pennsylvania businesses while
12 advancing innovation in toxics-use reduction.
13 (6) The Commonwealth should adopt a Statewide goal for
14 toxics-use reduction, recognizing the achievements that have
15 already been made and that continue to be made, and should
16 develop and implement a comprehensive program to achieve that
17 goal with respect to the presence of toxics in the air, water
18 and land, and with respect to consumer and worker exposure.
19 Section 3. Definitions.
20 The following words and phrases when used in this act shall
21 have the meanings given to them in this section unless the
22 context clearly indicates otherwise:
23 "Department." The Department of Environmental Resources of
24 the Commonwealth.
25 "Display area label." The sign used by a retailer to mark a
26 household hazardous material display area as prescribed by the
27 department.
28 "Fund." The Household Hazardous Materials Fund established
29 in section 8.
30 "Household hazardous material." A product used for
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1 residential purposes and designated by the department as
2 hazardous. The term includes a hazardous substance as defined in
3 section 103 of the act of October 18, 1988 (P.L.756, No.108),
4 known as the Hazardous Sites Cleanup Act. The term includes
5 motor oils, motor oil filters, gasoline and diesel additives,
6 degreasers, waxes, polishes, solvents, paints, lacquers,
7 thinners, caustic household cleaners, spot and stain removers
8 with petroleum base and petroleum-based fertilizers. The term
9 does not include laundry detergents or soaps, dishwashing
10 compounds, chlorine bleach, personal care products, personal
11 care soaps, cosmetics and medications.
12 "Manufacturer." A person who manufactures or produces a
13 household hazardous material for resale in this Commonwealth.
14 "Residential." A permanent place of abode, which is an
15 individual's home.
16 "Retailer." A person offering for sale or selling a
17 household hazardous material to the ultimate consumer within
18 this Commonwealth.
19 "Wholesaler." A person other than a manufacturer who engages
20 in the business of selling or distributing a household hazardous
21 material within this Commonwealth for the purpose of resale.
22 Section 4. Labels required.
23 (a) General rule.--A retailer shall affix a display area
24 label, as prescribed by regulation, in a prominent location upon
25 or near the display area of a household hazardous material. If
26 the display area is a shelf and the price of the product is
27 affixed to the shelf, the label shall be affixed adjacent to the
28 price information.
29 (b) Product list.--The department shall develop by
30 regulation, in cooperation with wholesalers and retailer
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1 associations, a household hazardous products list to be utilized
2 in the labeling of a display area containing products which are
3 household hazardous materials.
4 Section 5. Consumer information booklets.
5 (a) Display of booklet.--A retailer shall maintain and
6 prominently display a booklet, developed by the department, in
7 cooperation with manufacturers, wholesalers and retailer
8 associations, which provides information regarding the proper
9 use of household hazardous materials, specific instructions for
10 the proper disposal of certain substance categories and, where
11 applicable, environmentally safe substitutes.
12 (b) Bulletins provided.--The department shall also develop
13 and provide to retailers bulletins regarding household hazardous
14 materials which provide relevant information about the proper
15 use and disposal of household hazardous materials. The retailer
16 shall distribute the bulletins to customers free of charge.
17 (c) Person-to-person sales.--A manufacturer or wholesaler
18 who authorizes independent contractor retailers to sell the
19 products of the manufacturer or wholesaler on a person-to-person
20 basis primarily in the customer's home shall print informational
21 lists of its products which are designated by the department as
22 household hazardous materials. These lists of products and the
23 consumer information booklets under subsection (a) shall be
24 provided by the manufacturer or wholesaler in sufficient
25 quantities to each contractor retailer for dissemination to
26 customers. During the course of a sale of a household hazardous
27 material by a contractor retailer, the customer shall be
28 provided with a copy of both the list and the consumer
29 information booklet. In subsequent sales to the same customer,
30 the list and booklet shall be noted as being available if
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1 desired.
2 Section 6. Permits.
3 (a) Retailers.--A person may not operate as a retailer
4 without a permit for each place of business. To obtain a permit,
5 an applicant shall submit an application to the department,
6 containing information required by the department by regulation,
7 and a fee of $25. Permits are valid for one year and may be
8 renewed for an annual renewal fee of $25. Fees under this
9 subsection are nonrefundable. A retailer distributing general-
10 use pesticides labeled for agricultural or lawn and garden use
11 with gross annual pesticide sales of $10,000 or more in this
12 Commonwealth is exempt from this subsection.
13 (b) Independent contractors.--A manufacturer or wholesaler
14 which authorizes retailers as independent contractors to sell
15 the products of the manufacturer or a wholesaler on a person-to-
16 person basis primarily in the customer's home may obtain a
17 single household hazardous materials permit on behalf of its
18 authorized retailers. A manufacturer or wholesaler which has
19 gross retail sales of $3,000,000 or more in this Commonwealth
20 shall pay an additional permit fee of $100 for each subsequent
21 increment of $3,000,000 of gross retail sales in this
22 Commonwealth, up to a maximum permit fee of $3,000.
23 Section 7. Department.
24 The department has the following powers and duties:
25 (1) To designate by regulation products which are
26 household hazardous materials and, in consultation with
27 manufacturers, wholesalers and retailer associations, to
28 develop a household hazardous product list for the use of
29 retailers in identifying the products.
30 (2) To enforce the provisions of this act and implement
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1 the penalties established.
2 (3) To identify by regulation, after consulting with
3 departmental staff and the listings of other states, no more
4 than 50 commonly used household products which, due to level
5 of toxicity, extent of use, nondegradability or other
6 relevant characteristic, constitute the greatest danger of
7 contamination of the groundwater when placed in a landfill.
8 (4) To identify additional products by regulation.
9 Section 8. Fund.
10 (a) Establishment.--The Household Hazardous Materials Fund
11 is established as a separate fund in the State Treasury.
12 (b) Source.--The source of the fund shall be general
13 appropriations permit fees collected under section 6 and fines
14 collected under section 9.
15 (c) Administration.--The department shall administer the
16 fund to implement sections 4 and 5.
17 Section 9. Penalty.
18 A person who violates this act commits a summary offense and
19 shall, upon conviction, be sentenced to pay a fine of not less
20 than $100 nor more than $1,000.
21 Section 10. Effective date.
22 This act shall take effect in 180 days.
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