Fluoride Action Network

Proposed legislative bill requires accountability for drinking water additives

Source: Tennessee Legislature - Bill Summary | February 1st, 2012

*SB 3760 by *Gresham. (HB 3790 by *Dennis.)

Water – As introduced, requires manufacturers of products added to public water systems to verify the safety of such products to the system operators. – Amends TCA Title 53, Chapter 1, Part 1 and Title 68, Chapter 221, Part 7.

Fiscal Summary

Increase State Expenditures – $213,900/General Fund $428,500/Environmental Protection Fund Increase Local Expenditures – Exceeds $4,000,000*

Bill Summary

This bill requires public water systems to only purchase such substances from chemical manufacturers or responsible entities in the chain of delivery of the product who provide a declaration for their product that the product:

(1) Is effective at treating the legislatively-identified specific disease or health condition, or affects the bodily functions to prevent the specific adverse health condition in consumers, consistent with fulfilling the stated legislative intent for this product’s use; and

(2) Is safe for the full range of expected human consumption at these dilution ranges, without known or anticipated adverse health effects over a lifetime, including for infants, children, the elderly, and other populations afforded equal protection.

This bill requires public water system operators to require, as a condition of purchase, that manufacturers of specific products water system operators add or intend to add to the public drinking water for purposes of treating or affecting the bodily functions of consumers must provide and annually update a list of studies relating to their products and identify the geographic origin of their products.

This bill requires water system operators to make all information provided by manufacturers or responsible parties in the chain of product delivery pursuant to this bill readily accessible to the public. The full text of this bill lists product information that each public water system operator will be required to make available to the public.

To assure that public water system operators have selected and are administering water additive products intended to treat or affect the bodily functions of consumers that meet the requirements of state law and rules and regulations, this bill requires water system operators, as a condition of purchase, to obtain a copy of the manufacturer’s product declaration in force at the time of contract.

This bill requires that public water system operators select and add to the public drinking water only these products intended to treat and affect the bodily functions of consumers that meet, at a minimum, the applicable published American Water Works Association (AWWA) standard for a product’s specific chemical classification. In order to assure fulfillment of AWWA standards, this bill requires public water system operators to obtain from the manufacturer, or other responsible party in the chain of delivery, an independent analysis by an ANSI or NSF International certified laboratory determining the content, and specific concentrations of each contaminant, of each shipment of the product, to be correlated with the manufacturer’s product declaration. The batch analyses on each delivery of products, must be maintained and made immediately accessible to the public by the water system operator.

Under this bill, a chemical manufacturer or responsible entity in the chain of delivery of the product person who knowingly omits or falsifies information required pursuant to this bill commits a Class B misdemeanor punishable by a fine only of up to $500. Each violation of this bill will be considered a separate offense.

Follow the Bill athttp://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=SB3760