[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2601 Introduced in House (IH)]







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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Bottled Water Standards 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 Administrator of the 
Environmental Protection Agency promulgates 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 public 
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 Bottled 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 requirements 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 regulation 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 
contaminant in bottled water that provides protection of public health 
equivalent to the maximum contaminant level provided in the national 
primary drinking water regulation.
    ``(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) (whichever 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 establish 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 monitoring 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 Standards Act of 1995, 
                the requirements shall take effect on the date on which 
                the national primary drinking water regulation for the 
                contaminant 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.''.
                                 <all>