An Act to Require Bottled Water Companies to Monitor for Perfluoroalkyl and Polyfluoroalkyl Substances
Maine Legislature, Session 131, LD 0073
Committee: Health and Human Services
Sponsors: BENNETT

Legislative Document
No. 73
S.P. 45
In Senate, January 4, 2023
An Act to Require Bottled Water Companies to Monitor for 
Perfluoroalkyl and Polyfluoroalkyl Substances
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BENNETT of Oxford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA c. 601, sub-c. 9 is enacted to read:
SUBCHAPTER 9
BOTTLED WATER
§2660-AA.  Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Bottler.  "Bottler" means a person that extracts water in this State to be sold as 
bottled water.
2.  Community water system.  "Community water system" has the same meaning as 
in section 2660-B, subsection 2.
3.  Perfluoroalkyl and polyfluoroalkyl substances or PFAS.  "Perfluoroalkyl and 
polyfluoroalkyl substances" or "PFAS" means a perfluoroalkyl substance or 
polyfluoroalkyl substance that is detectable in drinking water using standard laboratory 
methods established by the United States Environmental Protection Agency, including 
regulated PFAS contaminants.
4.  Regulated PFAS contaminants.  "Regulated PFAS contaminants" means 
perfluorooctanoic acid, perfluorooctane sulfonic acid, perfluorohexane sulfonic acid, 
perfluorononanoic acid and perfluoroheptanoic acid.
§2660-BB.  Bottled water monitoring, testing and treatment requirements
A bottler shall comply with the provisions of this section.
1.  Initial monitoring.  A bottler shall conduct initial monitoring for the level of PFAS 
applicable to a community water system detectable using standard laboratory methods 
established by the United States Environmental Protection Agency in effect at the time of 
sampling. A bottler shall conduct monitoring under this subsection for all regulated PFAS 
contaminants and additional PFAS included in the list of analytes in the standard laboratory 
methods established by the United States Environmental Protection Agency applicable to 
community water systems in effect at the time of sampling.
2.  Subsequent monitoring.  After completion of initial monitoring under subsection 
1, a bottler shall conduct continued monitoring for the presence of regulated PFAS 
contaminants in water bottled by the bottler according to this subsection.
A.  If initial monitoring under subsection 1 detects the presence of any regulated PFAS 
contaminants individually or in combination at or above the standard applicable to a 
community water system, the bottler shall conduct continued quarterly monitoring until 
regulated PFAS contaminants are mitigated as described in subsection 4.
B.  If initial monitoring under subsection 1 detects the presence of any regulated PFAS 
contaminants at or above each analyte's lowest concentration minimum reporting level 
as specified in the standard laboratory methods established by the United States 
Environmental Protection Agency applicable to community water systems in effect at 
the time of sampling, either individually or in combination with other detected 
regulated PFAS contaminants, the bottler shall conduct continued monitoring annually.
3.  Reporting.  A bottler shall report the results of monitoring required by this section 
to the department in the same manner as a community water system is required to report 
under department rule. 
4.  Treatment; notice.  If monitoring results under subsection 1 or 2 confirm the 
presence of any regulated PFAS contaminants individually or in combination at or above 
the standard for regulated PFAS contaminants applicable to a community water system, the 
department shall:
A.  Direct the bottler to implement treatment or other remedies to reduce the combined 
levels of regulated PFAS contaminants in the bottled water below the applicable 
standard; and
B.  Direct the bottler to issue a notice by publication on the bottler's publicly accessible 
website to inform the bottler's customers of the detected PFAS concentration and 
potential risk to public health until the treatment under paragraph A is completed.
5.  Enforcement.  The department may enforce the requirements of this section in the 
same manner as for a violation of subchapter 2. A bottler may appeal the acts or decisions 
of the department under this section in the same manner as described in subchapter 2-A.
6.  Rules.  The department shall adopt rules to implement this section. Rules adopted 
under this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
Sec. 2.  Rules.  The Department of Health and Human Services shall adopt rules as 
required by the Maine Revised Statutes, Title 22, section 2660-BB not later than 30 days 
after the date of adoption of rules required under Resolve 2021, chapter 82.
Sec. 3.  Compliance.  A person that extracts water in this State to be sold as bottled 
water is not required to comply with the provisions of the Maine Revised Statutes, Title 22, 
section 2660-BB until the Department of Health and Human Services has adopted rules as 
required under Resolve 2021, chapter 82 and Title 22, section 2660-BB. 
SUMMARY
This bill requires persons that extract water in this State to be sold as bottled water to 
conduct monitoring for perfluoroalkyl and polyfluoroalkyl substances, or PFAS, in the 
bottled water. If the monitoring detects the presence of perfluorooctanoic acid, 
perfluorooctane sulfonic acid, perfluorohexane sulfonic acid, perfluorononanoic acid or 
perfluoroheptanoic acid at a level at or above the standard applicable to community water 
systems, the person is required to conduct additional monitoring.  The bill also imposes 
reporting, treatment and notice requirements on persons that extract water in this State to 
be sold as bottled water.