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S. 2848 (111th): Bottled Water Safety and Right to Know Act of 2009


The text of the bill below is as of Dec 8, 2009 (Introduced). The bill was not enacted into law.


II

111th CONGRESS

1st Session

S. 2848

IN THE SENATE OF THE UNITED STATES

December 8, 2009

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.

1.

Short title

This Act may be cited as the Bottled Water Safety and Right to Know Act of 2009.

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)

Identification of contaminants; interim and final standards

The Secretary shall—

(A)

not later than 180 days after the date of enactment of this paragraph identify each contaminant for which—

(i)

the Administrator of the Environmental Protection Agency 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—

(I)

has not established a standard of quality regulation; or

(II)

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 that may be less protective of public health than the standard for the contaminant issued by the World Health Organization, the European Union, or the State of California;

(B)

not later than 1 year after the date of enactment of this paragraph, 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, the European Union, or the State of California; and

(C)

not later than 2 years after the date of enactment of this paragraph, issue a final regulation establishing the standard described in subparagraph (B) for each contaminant identified under subparagraph (A).

(6)

Grants to States

The Secretary may award grants to the States for the enforcement of the regulations described in paragraph (5).

(7)

Final regulations

(A)

Definition of Federal agency

In this paragraph, the term Federal agency has the meaning given the term agency in section 551 of title 5, United States Code.

(B)

Publication

Not later than 2 years after the date of enactment of this paragraph, the Secretary shall publish in the Federal Register the final regulation as described in paragraph (5)(C).

(C)

Failure to publish

If the Secretary fails to publish the regulation described in subparagraph (A)—

(i)

all functions of the Secretary before date of enactment of this paragraph (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)

each reference to the Secretary contained in paragraph (5) (except for the references contained in clauses (i) and (ii) of paragraph (5)(A)), paragraph (6), and subsections (c), (d), and (e) shall be considered to be a reference to the Administrator of the Environmental Protection Agency;

(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 the unexpended funds transferred pursuant to this subparagraph shall be used only for the purposes for which the funds were originally authorized and appropriated;

(iv)

until modified, terminated, superseded, set aside, or revoked in accordance with applicable law by the President, the Administrator or other authorized official, or a court of competent jurisdiction, or by operation of law, each order, determination, rule, regulation, permit, agreement, grant, contract, certificate, license, registration, privilege, and other administrative action shall continue in force and effect if the action—

(I)

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

(II)

was in effect before the date of enactment of this subparagraph, or was final before that date and is scheduled to become effective on or after the effective date of this subparagraph;

(v)
(I)

this subparagraph shall not affect any proceeding, including notices of proposed rulemaking, or any application for any license, permit, certificate, or financial assistance pending before the Secretary on the date of enactment of this subparagraph with respect to any function transferred by this subparagraph; and

(II)
(aa)

a proceeding or application described in subclause (I) shall be continued, orders shall be issued in such a proceeding and appeals taken from the orders, and payments shall be made pursuant to such an order, as if this subparagraph had not been enacted; and

(bb)

orders issued in such a proceeding shall continue in effect until modified, terminated, superseded, set aside, or revoked by a duly authorized official, a court of competent jurisdiction, or operation of law;

(vi)

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

(vii)

this subparagraph shall not affect any civil action commenced before the date of enactment of this subparagraph, and proceedings shall be had, appeals taken, and judgments rendered regarding such a civil action in the same manner and with the same effect as if this subparagraph had not been enacted;

(viii)

no civil action or other proceeding commenced by or against the Secretary, or by or against any individual in the official capacity of the individual as an officer of the Secretary, shall abate by reason of the enactment of this subparagraph;

(ix)

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 of the Environmental Protection Agency with the same effect as if this subparagraph had not been enacted; and

(x)

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 a function transferred under this subparagraph, shall be considered to be a reference to the Administrator; and

(II)

the Department of Health and Human Services, with regard to functions transferred under this subparagraph, shall be considered to be a reference to the Environmental Protection Agency.

; and

(2)

by adding at the end the following:

(c)

Consumer confidence reports

(1)

In general

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

(2)

Requirements

The regulations promulgated under paragraph (1) shall require that each manufacturer of bottled water shall—

(A)

not later than 3 years 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 criteria of the Secretary for full protection of immunocompromised individuals from cryptosporidium and other microbial pathogens;

(iii)

the quantity 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 quantity 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 quantity 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 the term maximum contaminant level goal as determined by the Administrator;

(ii)

the quantity 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 criteria of the Secretary for full protection of immunocompromised 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)

Public availability

Not later than 180 days 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)

Supplement

(A)

In general

In addition to submitting an annual report under paragraph (2), the manufacturer may submit to the Secretary a supplement that contains additional information that the manufacturer determines to be appropriate for public education.

(B)

Public availability

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)

Additional information

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)

Records, reports, and monitoring

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 promulgating 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 those risks.

(e)

Information on violations

(1)

In general

Not later than 1 year 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.

(2)

Grant program

The Secretary shall establish and administer a grant program to fund the gathering of information described in paragraph (1).

(f)

Definitions

In this section:

(1)

Bottled water

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)

Contaminant

The term contaminant means any physical, chemical, biological, or radiological substance or matter in water.

(3)

Maximum contaminant level

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)

Maximum contaminant level goal

The term maximum contaminant level goal means a goal established by the Administrator of the Environmental Protection Agency under section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g–1).

(5)

Regulated contaminant

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)

Unregulated contaminant

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).

.

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:

(uu)

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).

.