An Act To Protect and Improve Lake Water Quality
Maine Legislature, Session 123, LD 0587
Committee: Natural Resources
Sponsors: EBERLE, MARTIN, ANNIS, BLISS, HINCK, KOFFMAN, MUSE, PIEH, WOODBURY

Legislative Document 
No. 587 
H.P.454 
House of Representatives, February 5, 2007 
An Act To Protect and Improve Lake Water Quality 
Reference to the Committee on Natural Resources suggested and ordered printed. 
Presented by Representative EBERLE of South Portland. 
Cosponsored by Senator MARTIN of Aroostook and 
!7l~ 
1n·711tU~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: ANNIS of Dover-Foxcroft, BLISS of South Portland, HINCK of Portland, 
KOFFMAN of Bar Harbor, McDONOUGH of Scarborough, MUSE of Fryeburg, PIEH of 
Bremen, WOODBURY of Yarmouth. 
Printed on feeye led paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRS A §419, as amended by PL 1991, c. 838, §§21 and 22, is further 
amended to read: 
§419. Cleaning agents and lawn and turf fertilizer containing phosphate banned 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Dairy equipment", as used iR tRis seotioR, means equipment used by farmers or 
processors for the manufacture or processing of milk and dairy products. 
A-I. "Compost" means a biologically stable material derived from the composting 
process. 
A-2. 
"Composting" means the biological decomposition of organic matter. It is 
accomplished by mixing and piling organic matter in such a way as to promote 
aerobic decay, anaerobic decay or both. 
A-3. 
"Fertilizer" means a substance containing one or more recognized plant 
nutrients that is used for its plant nutrient content and designed for use or claimed to 
have value in promoting plant growth. "Fertilizer" does not include animal and 
vegetable manures that are not manipulated, marl, lime, limestone or topsoil. 
A-4. 
"Fertilizer containing phosphorus" means a fertilizer containing more than 
0.67% phosphate by weight. 
B. 
"Food processing equipment", as used iR tRis seotioR, means equipment used for 
the processing and packaging of food for sale, except that equipment used at 
restaurants and similar places of business sfta.I.l ~ not be included within the meaning 
of "food processing equipment." 
C. 
"High phosphorous detergent", as used iR tRis seotioR, means any detergent, 
presoak, soap, enzyme or other cleaning agent containing more than 8.7% 
phosphorous, by weight, but does not include detergent having a recommended use 
level w-lHsft that contains less than 7 grams of phosphorous by weight. 
C-l. 
"Household laundry detergent" as used iR tRis seotioR means a cleaning agent 
used primarily in private residences for washing clothes. 
D. 
"Industrial equipment", as used iR tRis seotioR, means equipment used by 
industrial concerns ... iRioR OORoems that are located on any brook, stream or river. 
D-1. "Manipulated" means a process by which fertilizers are manufactured, blended 
or mixed or animal or vegetable manures are treated in any manner, including 
mechanical drying, grinding, pelleting and other means, or by adding other chemicals 
or substances. 
E. 
"Person", as used iR tRis seotioR, means any individual, firm, association, 
partnership, corporation, municipality, quasi-municipal organization, agency of the 
State or other legal entity. 
2. Prohibition. Ne A person may sell or use aAY RigR phosphorous detergeAt. not: 
Page) - 123LR1331(OI)-1 
A. SelI or use a high phosphorous detergent; or 
B. 
After January 1, 2008, selI fertilizer containing phosphorus for use on 
nonagricultural lawn or turf or use fertilizer containing phosphorus on nonagricultural 
lawn or turf unless: 
(1) A soil test from an accredited laboratory indicates that additional phosphorus 
is needed for that lawn or turf; or 
(2) The fertilizer will be used in establishing a new lawn or turf. When 
establishing new grass on bare soil, the fertilizer must be tilled into the soil. 
The selIer of fertilizer containing phosphorus for use on lawn or turf shall identify the 
fertilizer by a department-approved sign that indicates that the product may not be 
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used except as provided in this paragraph. The sign must be positioned between 4 and 
feet above the floor and prominently posted where fertilizers containing phosphorus 
for use on lawn or turf are displayed. 
2-A. Household laundry detergent. After July I, 1993, a person' may not sell or 
offer for sale in this State a household laundry detergent that contains more than 0.5% 
phosphorus by weight expressed as elemental phosphorus. 
3. Exception. Subsection 2 sflaU does not apply to any high phosphorous detergent 
sold and used for the purpose of cleaning dairy equipment, food processing equipment 
and industrial equipment. ~ 
A. A high phosphorous detergent sold and used for the purpose of cleaning dairy 
equipment, food processing equipment and industrial equipment; 
B. Fertilizers used for agricultural crops or for flower or vegetable gardening; or 
C. Compost. 
SUMMARY 
This bill amends the Maine Revised Statutes, Title 38, section 419, which bans 
cleaning agents containing phosphates, to add a prohibition against the sale or use of 
fertilizer containing phosphorus for nonagricultural lawn or turf unless a soil test 
indicates that additional phosphate is needed or the fertilizer will be used in the 
establishment of a new lawn. When establishing new grass on bare soil, the fertilizer must 
be tilled into the soil. The seller of fertilizer containing phosphorus for use on lawn or turf 
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shall identify such fertilizer by a sign approved by the Department of Environmental 
Protection indicating that the product may not be used except as indicated. The sign must 
be positioned between 4 and 7 feet above the floor and prominently posted where 
fertilizers containing phosphorus for use on lawn or turf are displayed.