100.28 Sale of cleaning agents and water conditioners containing phosphorus restricted.

(1) Definitions. In this section:

(a) “Chemical water conditioner" means a water softening chemical or other substance containing phosphorus intended to treat water for machine laundry use.

(b) “Cleaning agent" means any laundry detergent, laundry additive, dishwashing compound, cleanser, household cleaner, metal cleaner, degreasing compound, commercial cleaner, industrial cleaner, phosphate compound or other substance intended to be used for cleaning purposes.

(2) Restrictions; retail sales. Except as provided under sub. (3), no person may sell or offer to sell at retail:

(a) General restriction; 0.5 percent. Any cleaning agent which contains more than 0.5 percent phosphorus by weight, other than a cleaning agent for nonhousehold machine dishwashing or for cleansing of medical and surgical equipment.

(b) Restriction for nonhousehold machine dishwashing or cleansing of medical equipment; 8.7 percent. Any cleaning agent for nonhousehold machine dishwashing or for cleansing of medical and surgical equipment which contains more than 8.7 percent phosphorus by weight.

(c) Restriction for water conditioner; 20 percent. Any chemical water conditioner which contains more than 20 percent phosphorus by weight.

(2m) Restrictions; sale to retailer. Except as provided under sub. (3), no person may sell or offer to sell to a retailer:

(a) General restriction; 0.5 percent. Any cleaning agent which contains more than 0.5 percent phosphorus by weight, other than a cleaning agent for nonhousehold machine dishwashing or for cleansing of medical and surgical equipment.

(b) Restriction for nonhousehold machine dishwashing or cleansing of medical equipment; 8.7 percent. Any cleaning agent for nonhousehold machine dishwashing or for cleansing of medical and surgical equipment which contains more than 8.7 percent phosphorus by weight.

(c) Restriction for water conditioner; 20 percent. Any chemical water conditioner which contains more than 20 percent phosphorus by weight.

(3) Exemption; industrial processes and dairy equipment. Cleaning agents used for industrial processes and cleaning or for cleansing dairy equipment are not subject to this section.

(4) Penalty; enforcement.

(a) A person who violates this section shall forfeit not less than $25 nor more than $25,000 for each violation. Each day on which the person sells or offers to sell in violation of this section constitutes a separate violation. Each place at which the person sells or offers to sell in violation of this section constitutes a separate violation.

(am) If a court imposes a forfeiture under par. (a) on the manufacturer of a chemical water conditioner or cleaning agent for a violation of sub. (2m), the court may order the manufacturer to accept the return of the chemical water conditioner or cleaning agent that is the subject of the violation and to refund the purchase price to the retailer who purchased that chemical water conditioner or cleaning agent.

(b) In lieu of or in addition to forfeitures under par. (a), the department may seek an injunction restraining any person from violating this section.

(c) The department, or any district attorney upon the request of the department, may commence an action in the name of the state under par. (a) or (b).

(d) Any action on a violation of this section may be commenced in the circuit court for the county in which the violation occurred, or in the case of multiple violations by a single defendant, in the circuit court for the county in which any of the violations occurred.

History: 1983 a. 73; 1991 a. 115; 1995 a. 27; 2009 a. 63.