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S. 790 (106th): Bottled Water Safety and Right to Know Act of 1999


The text of the bill below is as of Apr 13, 1999 (Introduced). The bill was not enacted into law.


S 790 IS

106th CONGRESS

1st Session

S. 790

To amend the Federal Food, Drug, and Cosmetic Act to require manufacturers of bottled water to submit annual reports, and for other purposes.

IN THE SENATE OF THE UNITED STATES

April 13, 1999

Mr. LAUTENBERG introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works


A BILL

To amend the Federal Food, Drug, and Cosmetic Act to require manufacturers of bottled water to submit annual reports, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Bottled Water Safety and Right to Know Act of 1999’.

SEC. 2. CONSUMER CONFIDENCE REPORTS.

    Section 410 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 349) is amended--

      (1) in subsection (b), by adding at the end the following:

    ‘(5) The Secretary shall--

      ‘(A) not later than 6 months after the date of enactment of this paragraph identify contaminants for which--

        ‘(i) the Administrator has established a national primary drinking water regulation under section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g-1) and the Secretary has not established a standard of quality regulation for such contaminant or has established a standard of quality regulation or monitoring requirement that may be less protective of public health than the national primary drinking water regulation; or

        ‘(ii) the Secretary has established a standard of quality regulation for such contaminant that may be less protective of public health than the standard for such a contaminant issued by the World Health Organization, the European Union, or the State of California; and

      ‘(B) not later than 12 months after that date of enactment, propose an interim standard of quality regulation, for each contaminant identified under subparagraph (A), that contains a standard or monitoring requirement that is at least as protective of public health as the more protective of--

        ‘(i) the national primary drinking water regulation described in subparagraph (A); or

        ‘(ii) a standard issued by the World Health Organization, European Union, or the State of California; and

      ‘(C) not later than 24 months after that date of enactment, issue a final regulation of the standard described in subparagraph (B), for each identified contaminant.

    ‘(6) The Secretary is authorized to award grants to the States for the enforcement of the regulations described in paragraph (5).

    ‘(7)(A) Not later than 24 months after the date of enactment of this paragraph, the Secretary shall publish final regulations as described in paragraph (5) in the Federal Register.

    ‘(B) If the Secretary fails to publish the regulations described in subparagraph (A), then--

      ‘(i) all functions that the Secretary of Health and Human Services exercised before the effective date of this subparagraph (including all related functions of any officer or employee of the Department of Health and Human Services) relating to inspections and enforcement concerning bottled water shall be transferred to the Environmental Protection Agency;

      ‘(ii) all references to the Secretary in paragraph (5), notwithstanding the references in clause (i) and (ii) of subparagraph (A), and all references in paragraph (6) and subsections (c), (d), and (e) shall instead be to the Administrator;

      ‘(iii) except as otherwise provided in this subparagraph, the assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, used, held, arising from, available to, or to be made available in connection with the functions transferred under clause (i), subject to section 1531 of title 31, United States Code, shall be transferred to the Environmental Protection Agency, and unexpended funds transferred pursuant to this subparagraph shall be used only for the purposes for which the funds were originally authorized and appropriated;

      ‘(iv) all orders, determinations, rules, regulations, permits, agreements, grants, contracts, certificates, licenses, registrations, privileges, and other administrative actions--

        ‘(I) that have been issued, made, granted, or allowed to become effective by the President, any Federal agency or official of a Federal agency, or by a court of competent jurisdiction, in the performance of functions that are transferred under this subparagraph; and

        ‘(II) that were in effect before the effective date of this subparagraph, or were final before the effective date of this subparagraph and are to become effective on or after the effective date of this subparagraph;

      shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Administrator or other authorized official, a court of competent jurisdiction, or by operation of law;

      ‘(v) this subparagraph shall not affect any proceedings, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Secretary on the effective date of this subparagraph, with respect to functions transferred by this subparagraph;

      ‘(vi) such proceedings and applications described in clause (v) shall be continued and orders shall be issued in such proceedings and appeals taken from the orders, and payments shall be made pursuant to the orders, as if this subparagraph had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, set aside, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law;

      ‘(vii) nothing in this subparagraph shall be construed to prohibit the discontinuance or modification of any such proceeding described in clause (v) under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this subparagraph had not been enacted;

      ‘(viii) this subparagraph shall not affect suits commenced before the effective date of this subparagraph, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this subparagraph had not been enacted;

      ‘(ix) no suit, action, or other proceeding commenced by or against the Secretary, or by or against any individual in the official capacity of such individual as an officer of the Secretary, shall abate by reason of the enactment of this subparagraph;

      ‘(x) any administrative action relating to the preparation or promulgation of a regulation by the Secretary relating to a function transferred under this subparagraph may be continued by the Administrator with the same effect as if this subparagraph had not been enacted; and

      ‘(xi) a reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to--

        ‘(I) the Secretary with regard to functions transferred under this subparagraph, shall be deemed to refer to the Administrator; and

        ‘(II) the Department of Health and Human Services with regard to functions transferred under this subparagraph, shall be deemed to refer to the Environmental Protection Agency.

    ‘(C) As used in subparagraph (B), the term ‘Federal agency’ has the meaning given the term ‘agency’ by section 551(1) of title 5, United States Code.’; and

      (2) by adding at the end the following:

    ‘(c)(1) Not later than 18 months after the date of enactment of this subsection, the Secretary shall issue regulations that require each manufacturer of bottled water to submit reports and display information as required under paragraph (2).

    ‘(2) The regulations issued under paragraph (1) shall require that each manufacturer of bottled water shall--

      ‘(A) not later than 36 months after the date of enactment of this subsection and annually thereafter, prepare and submit in electronic form, on a form provided by the Secretary, an annual report to the Secretary that describes, at a minimum--

        ‘(i) the source of the water purveyed;

        ‘(ii) the type of treatment to which the water has been subjected and whether such treatment meets the Secretary’s criteria for full protection of immuno-compromised individuals from cryptosporidium and other microbial pathogens;

        ‘(iii) the amount and range of any regulated contaminant detected in the water during the reporting year, the maximum contaminant level goal for the contaminant, if any, and whether the goal was exceeded during the reporting year; and

        ‘(iv) the amount and range of any unregulated contaminant detected in the water during

the reporting year that is subject to unregulated contaminant monitoring or notification requirements under sections 1445 or 1414, respectively, of the Safe Drinking Water Act (42 U.S.C. 300j-4; 300g-3), or that the Secretary determines may present a threat to public health; and

      ‘(B) for the second and each subsequent reporting year, display on the labels of the bottled water--

        ‘(i) if the maximum contaminant level goal or lowest health advisory level under the Safe Drinking Water Act (whichever is lower) for a regulated contaminant is exceeded during the preceding reporting year--

          ‘(I) the amount and range of the regulated contaminant in the bottled water;

          ‘(II) the maximum contaminant level goal for the contaminant; and

          ‘(III) a plain definition of ‘maximum contaminant level goal’ as determined by the Administrator;

        ‘(ii) the amount and range of any unregulated contaminant detected in the water during the preceding reporting year that is subject to unregulated contaminant monitoring or notification requirements under sections 1445 or 1414, respectively, of the Safe Drinking Water Act (42 U.S.C. 300j-4; 300g-3) or that the Secretary has determined may present a threat to public health;

        ‘(iii) the source of the water;

        ‘(iv) the type of treatment, if any, to which the water has been subjected and whether such treatment meets the Secretary’s criteria for full protection of immuno-compromised individuals for cryptosporidium and other microbial pathogens;

        ‘(v) the address for the Internet website described in paragraph (3)(A); and

        ‘(vi) the toll-free telephone number described in paragraph (3)(B).

    ‘(3) Not later than 6 months after the date on which an annual report referred to in paragraph (2) is submitted to the Secretary, the Secretary shall make the report available to the public--

      ‘(A) on an Internet website maintained by the Secretary; and

      ‘(B) in paper form, in English, Spanish, and in any other language determined to be appropriate by the Secretary, upon request made through use of a toll-free telephone number maintained by the Secretary.

    ‘(4) In addition to submitting an annual report under paragraph (2), the manufacturer may also submit a supplement to the Secretary that contains additional information that the manufacturer determines to be appropriate for public education. The Secretary may make the supplement available to the public in the same manner as the annual report is made available to the public under paragraph (3).

    ‘(5) In the same manner as the annual report is made available to the public under paragraph (3), the Secretary shall make the following information available to the public:

      ‘(A) The definitions of the terms ‘maximum contaminant level goal’ and ‘maximum contaminant level’.

      ‘(B) For any regulated contaminant described in paragraph (2)(A), a statement setting forth--

        ‘(i) the maximum contaminant level goal;

        ‘(ii) the maximum contaminant level; and

        ‘(iii) if a violation of the maximum contaminant level has occurred during the reporting year, the potential health concerns associated with such a violation.

      ‘(C) For any unregulated contaminant described in paragraph (2)(A), a statement describing the health advisory or explaining the reasons for determination by the Secretary that the contaminant may present a threat to public health.

      ‘(D) A statement explaining that the presence of contaminants in bottled drinking water does not necessarily create a health risk.

      ‘(E) The date of the last Federal and State inspections of the bottled water facilities relating to the safety of the water.

      ‘(F) A statement describing any violations discovered at the facilities during the inspections described in subparagraph (E) and any enforcement actions that were taken as a consequence of the violations.

      ‘(G) The date of recall of any bottled water and the reasons for the recall.

    ‘(d) Every manufacturer of bottled water who is subject to any requirement of this section shall maintain such records, make such reports, conduct such monitoring, and provide such information as the Secretary may reasonably require by regulation in order to assist the Secretary in

establishing regulations under this section, in determining whether the manufacturer has acted or is acting in compliance with this section, in evaluating the health risks of unregulated contaminants, or in advising the public of such risks.

    ‘(e) Not later than 12 months after the date of enactment of this subsection, and annually thereafter, the Secretary shall make available to the public, in the same manner as the annual report is made available under subsection (c)(3), information regarding violations of bottled water regulations relating to inspections, and any enforcement actions taken in regards to such violations. The Secretary shall establish and administer a grant program to fund the gathering of such information.

    ‘(f) In this section:

      ‘(1) The term ‘bottled water’ means all water sold in the United States that--

        ‘(A) is intended for human consumption;

        ‘(B) is sealed in bottles or other containers; and

        ‘(C) may be still or carbonated, but has no sweeteners or juices added to the water, except for trace levels of flavorings.

      ‘(2) The term ‘contaminant’ means any physical, chemical, biological, or radiological substance or matter in water.

      ‘(3) The term ‘maximum contaminant level’ has the meaning given the term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f).

      ‘(4) The term ‘maximum contaminant level goal’ means a goal established by the Administrator under section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g-1).

      ‘(5) The term ‘regulated contaminant’ means a contaminant that is regulated under section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g-1).

      ‘(6) The term ‘unregulated contaminant’ means a contaminant that is not regulated under section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g-1).’.

SEC. 3. PROHIBITED ACTS.

    Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 331) is amended by adding at the end the following:

    ‘(aa) The failure by a manufacturer of bottled water to submit an annual report or display the required information on labels of bottled water in accordance with section 410(c).’.