I

104TH CONGRESS

1ST SESSION H. R. 2601

To amend the Federal Food, Drug, and Cosmetic Act to modify the bottled

drinking water standards provisions, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

NOVEMBER 9, 1995

Mr. BILBRAY introduced the following bill; which was referred to the

Committee on Commerce

A BILL

To amend the Federal Food, Drug, and Cosmetic Act to

modify the bottled drinking water standards provisions,

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Bottled Water Stand5 ards Act of 1995’’.

6 SEC. 2. BOTTLED WATER STANDARDS.

7 Section 410 of the Federal Food, Drug, and Cosmetic

8 Act (21 U.S.C. 349) is amended—
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1 (1) by striking ‘‘Whenever’’ and inserting ‘‘(a)

2 Except as provided in subsection (b), whenever’’;

3 and

4 (2) by adding at the end thereof the following

5 new subsection:

6 ‘‘(b)(1)(A) Not later than 180 days after the Admin7 istrator of the Environmental Protection Agency promul8 gates a national primary drinking water regulation for a

9 contaminant under section 1412 of the Public Health

10 Service Act (42 U.S.C. 300g–1), the Secretary, after pub11 lic notice and comment, shall issue a regulation under this

12 subsection for that contaminant in bottled water or make

13 a finding that the regulation is not necessary to protect

14 the public health because the contaminant is contained in

15 water in public water systems (as defined under section

16 1401(4) of such Act (42 U.S.C. 300f(4))) but not in water

17 used for bottled drinking water.

18 ‘‘(B) In the case of contaminants for which national

19 primary drinking water regulations were promulgated

20 under section 1412 of the Public Health Service Act (42

21 U.S.C. 300g–1) before the date of enactment of the Bot22 tled Water Standards Act of 1995, the Secretary shall

23 issue the regulation or publish the finding not later than

24 1 year after such date of enactment.
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1 ‘‘(C) A regulation issued by the Secretary pursuant

2 to subparagraph (A) shall take effect on the date on which

3 the final regulation of the maximum contaminant level for

4 that contaminant takes effect.

5 ‘‘(2) The regulation shall include any monitoring re6 quirements that the Secretary determines appropriate for

7 bottled water.

8 ‘‘(3) The regulation shall require that, in the case of

9 contaminants for which a maximum contaminant level is

10 established in a national primary drinking water regula11 tion under section 1412 of the Public Health Service Act

12 (42 U.S.C. 300g–1), the regulation under this subsection

13 shall establish a maximum contaminant level for the con14 taminant in bottled water that provides protection of pub15 lic health equivalent to the maximum contaminant level

16 provided in the national primary drinking water regula17 tion.

18 ‘‘(4)(A) If the Secretary fails to establish a regulation

19 within the 180-day period described in paragraph (1)(A)

20 or the 1-year period described in paragraph (1)(B) (which21 ever is applicable), the national primary drinking water

22 regulation described in subparagraph (A) or (B) of such

23 paragraph (whichever is applicable) shall be considered,

24 as of the date on which the Secretary is required to estab-
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1 lish a regulation under such paragraph, as the regulation

2 applicable under this subsection to bottled water.

3 ‘‘(B) Not later than 30 days after the end of the 180-

4 day period, or the 1-year period (whichever is applicable),

5 described in subparagraph (A) or (B) of paragraph (1)

6 the Secretary shall, with respect to a national primary

7 drinking water regulation that is considered applicable to

8 bottled water as provided in subparagraph (A), publish a

9 notice in the Federal Register that—

10 ‘‘(i) sets forth the requirements of the national

11 primary drinking water regulation, including mon12 itoring requirements, which shall be applicable to

13 bottled water; and

14 ‘‘(ii) provides that—

15 ‘‘(I) in the case of a national primary

16 drinking water regulation promulgated after the

17 date of enactment of the Bottled Water Stand18 ards Act of 1995, the requirements shall take

19 effect on the date on which the national pri20 mary drinking water regulation for the contami21 nant takes effect under section 1412 of the

22 Public Health Service Act (42 U.S.C. 300g–1);

23 or

24 ‘‘(II) in the case of a national primary

25 drinking water regulation promulgated before
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1 the enactment of the Bottled Water Standards

2 Act of 1995, the requirements shall take effect

3 on the date that is 18 months after the date of

4 the enactment of the Bottled Water Standards

5 Act of 1995.’’.

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