[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 412 Introduced in Senate (IS)]







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.

    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.
    ``(2) The regulation shall include any monitoring requirements that 
the Secretary determines appropriate for bottled water.
    ``(3) The regulation shall require the following:
            ``(A) 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 is at least as stringent as 
        the maximum contaminant level provided in the national primary 
        drinking water regulation.
            ``(B) In the case of contaminants for which a treatment 
        technique 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 
        require that bottled water be subject to requirements no less 
        protective of the public health than those applicable to water 
        provided by public water systems using the treatment technique 
        required by 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>