II

104TH CONGRESS

1ST SESSION S. 412

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

drinking water standards provisions, and for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 14 (legislative day, JANUARY 30), 1995

Ms. SNOWE (for herself and Mr. COHEN) 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

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 ‘‘(2) The regulation shall include any monitoring re2 quirements that the Secretary determines appropriate for

3 bottled water.

4 ‘‘(3) The regulation shall require the following:

5 ‘‘(A) In the case of contaminants for which a

6 maximum contaminant level is established in a na7 tional primary drinking water regulation under sec8 tion 1412 of the Public Health Service Act (42

9 U.S.C. 300g–1), the regulation under this subsection

10 shall establish a maximum contaminant level for the

11 contaminant in bottled water that is at least as

12 stringent as the maximum contaminant level pro13 vided in the national primary drinking water regula14 tion.

15 ‘‘(B) In the case of contaminants for which a

16 treatment technique is established in a national pri17 mary drinking water regulation under section 1412

18 of the Public Health Service Act (42 U.S.C. 300g–

19 1), the regulation under this subsection shall require

20 that bottled water be subject to requirements no less

21 protective of the public health than those applicable

22 to water provided by public water systems using the

23 treatment technique required by the national pri24 mary drinking water regulation.
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1 ‘‘(4)(A) If the Secretary fails to establish a regulation

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

3 or the 1-year period described in paragraph (1)(B) (which4 ever is applicable), the national primary drinking water

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

6 paragraph (whichever is applicable) shall be considered,

7 as of the date on which the Secretary is required to estab8 lish a regulation under such paragraph, as the regulation

9 applicable under this subsection to bottled water.

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

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

12 described in subparagraph (A) or (B) of paragraph (1),

13 the Secretary shall, with respect to a national primary

14 drinking water regulation that is considered applicable to

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

16 notice in the Federal Register that—

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

18 primary drinking water regulation, including mon19 itoring requirements, which shall be applicable to

20 bottled water; and

21 ‘‘(ii) provides that—

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

23 drinking water regulation promulgated after the

24 date of enactment of the Bottled Water Stand25 ards Act of 1995, the requirements shall take
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1 effect on the date on which the national pri2 mary drinking water regulation for the contami3 nant takes effect under section 1412 of the

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

5 or

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

7 drinking water regulation promulgated before

8 the enactment of the Bottled Water Standards

9 Act of 1995, the requirements shall take effect

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

11 the enactment of the Bottled Water Standards

12 Act of 1995.’’.

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