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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Bottled Water Stand-
ards Act of 1995’’.
SEC. 2. BOTTLED WATER STANDARDS.
Section 410 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 349) is amended—
(1) by striking ‘‘Whenever’’ and inserting ‘‘(a)
Except as provided in subsection (b), whenever’’;
and
(2) by adding at the end thereof the following
new subsection:
‘‘(b)(1)(A) Not later than 180 days after the Admin-
istrator of the Environmental Protection Agency promul-
gates a national primary drinking water regulation for a
contaminant under section 1412 of the Public Health
Service Act (42 U.S.C. 300g–1), the Secretary, after pub-
lic notice and comment, shall issue a regulation under this
subsection for that contaminant in bottled water or make
a finding that the regulation is not necessary to protect
the public health because the contaminant is contained in
water in public water systems (as defined under section
1401(4) of such Act (42 U.S.C. 300f(4))) but not in water
used for bottled drinking water.
‘‘(B) In the case of contaminants for which national
primary drinking water regulations were promulgated
under section 1412 of the Public Health Service Act (42
U.S.C. 300g–1) before the date of enactment of the Bot-
tled Water Standards Act of 1995, the Secretary shall
issue the regulation or publish the finding not later than
1 year after such date of enactment.
‘‘(C) A regulation issued by the Secretary pursuant
to subparagraph (A) shall take effect on the date on which
the final regulation of the maximum contaminant level for
that contaminant takes effect.
‘‘(2) The regulation shall include any monitoring re-
quirements that the Secretary determines appropriate for
bottled water.
‘‘(3) The regulation shall require that, in the case of
contaminants for which a maximum contaminant level is
established in a national primary drinking water regula-
tion under section 1412 of the Public Health Service Act
(42 U.S.C. 300g–1), the regulation under this subsection
shall establish a maximum contaminant level for the con-
taminant in bottled water that provides protection of pub-
lic health equivalent to the maximum contaminant level
provided in the national primary drinking water regula-
tion.
‘‘(4)(A) If the Secretary fails to establish a regulation
within the 180-day period described in paragraph (1)(A)
or the 1-year period described in paragraph (1)(B) (which-
ever is applicable), the national primary drinking water
regulation described in subparagraph (A) or (B) of such
paragraph (whichever is applicable) shall be considered,
as of the date on which the Secretary is required to estab-
lish a regulation under such paragraph, as the regulation
applicable under this subsection to bottled water.
‘‘(B) Not later than 30 days after the end of the 180-
day period, or the 1-year period (whichever is applicable),
described in subparagraph (A) or (B) of paragraph (1)
the Secretary shall, with respect to a national primary
drinking water regulation that is considered applicable to
bottled water as provided in subparagraph (A), publish a
notice in the Federal Register that—
‘‘(i) sets forth the requirements of the national
primary drinking water regulation, including mon-
itoring requirements, which shall be applicable to
bottled water; and
‘‘(ii) provides that—
‘‘(I) in the case of a national primary
drinking water regulation promulgated after the
date of enactment of the Bottled Water Stand-
ards Act of 1995, the requirements shall take
effect on the date on which the national pri-
mary drinking water regulation for the contami-
nant takes effect under section 1412 of the
Public Health Service Act (42 U.S.C. 300g–1);
or
‘‘(II) in the case of a national primary
drinking water regulation promulgated before
the enactment of the Bottled Water Standards
Act of 1995, the requirements shall take effect
on the date that is 18 months after the date of
the enactment of the Bottled Water Standards
Act of 1995.’’.
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