[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 790 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 790

     To amend the Federal Food, Drug, and Cosmetic Act to require 
manufacturers of bottled water to submit annual reports, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 13, 1999

Mr. Lautenberg 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 require 
manufacturers of bottled water to submit annual reports, 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 Safety and Right to 
Know Act of 1999''.

SEC. 2. CONSUMER CONFIDENCE REPORTS.

    Section 410 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
349) is amended--
            (1) in subsection (b), by adding at the end the following:
    ``(5) The Secretary shall--
            ``(A) not later than 6 months after the date of enactment 
        of this paragraph identify contaminants for which--
                    ``(i) the Administrator has established a national 
                primary drinking water regulation under section 1412 of 
                the Safe Drinking Water Act (42 U.S.C. 300g-1) and the 
                Secretary has not established a standard of quality 
                regulation for such contaminant or has established a 
                standard of quality regulation or monitoring 
                requirement that may be less protective of public 
                health than the national primary drinking water 
                regulation; or
                    ``(ii) the Secretary has established a standard of 
                quality regulation for such contaminant that may be 
                less protective of public health than the standard for 
                such a contaminant issued by the World Health 
                Organization, the European Union, or the State of 
                California; and
            ``(B) not later than 12 months after that date of 
        enactment, propose an interim standard of quality regulation, 
        for each contaminant identified under subparagraph (A), that 
        contains a standard or monitoring requirement that is at least 
        as protective of public health as the more protective of--
                    ``(i) the national primary drinking water 
                regulation described in subparagraph (A); or
                    ``(ii) a standard issued by the World Health 
                Organization, European Union, or the State of 
                California; and
            ``(C) not later than 24 months after that date of 
        enactment, issue a final regulation of the standard described 
        in subparagraph (B), for each identified contaminant.
    ``(6) The Secretary is authorized to award grants to the States for 
the enforcement of the regulations described in paragraph (5).
    ``(7)(A) Not later than 24 months after the date of enactment of 
this paragraph, the Secretary shall publish final regulations as 
described in paragraph (5) in the Federal Register.
    ``(B) If the Secretary fails to publish the regulations described 
in subparagraph (A), then--
            ``(i) all functions that the Secretary of Health and Human 
        Services exercised before the effective date of this 
        subparagraph (including all related functions of any officer or 
        employee of the Department of Health and Human Services) 
        relating to inspections and enforcement concerning bottled 
        water shall be transferred to the Environmental Protection 
        Agency;
            ``(ii) all references to the Secretary in paragraph (5), 
        notwithstanding the references in clause (i) and (ii) of 
        subparagraph (A), and all references in paragraph (6) and 
        subsections (c), (d), and (e) shall instead be to the 
        Administrator;
            ``(iii) except as otherwise provided in this subparagraph, 
        the assets, liabilities, grants, contracts, property, records, 
        and unexpended balances of appropriations, authorizations, 
        allocations, and other funds employed, used, held, arising 
        from, available to, or to be made available in connection with 
        the functions transferred under clause (i), subject to section 
        1531 of title 31, United States Code, shall be transferred to 
        the Environmental Protection Agency, and unexpended funds 
        transferred pursuant to this subparagraph shall be used only 
        for the purposes for which the funds were originally authorized 
        and appropriated;
            ``(iv) all orders, determinations, rules, regulations, 
        permits, agreements, grants, contracts, certificates, licenses, 
        registrations, privileges, and other administrative actions--
                    ``(I) that have been issued, made, granted, or 
                allowed to become effective by the President, any 
                Federal agency or official of a Federal agency, or by a 
                court of competent jurisdiction, in the performance of 
                functions that are transferred under this subparagraph; 
                and
                    ``(II) that were in effect before the effective 
                date of this subparagraph, or were final before the 
                effective date of this subparagraph and are to become 
                effective on or after the effective date of this 
                subparagraph;
        shall continue in effect according to their terms until 
        modified, terminated, superseded, set aside, or revoked in 
        accordance with law by the President, the Administrator or 
        other authorized official, a court of competent jurisdiction, 
        or by operation of law;
            ``(v) this subparagraph shall not affect any proceedings, 
        including notices of proposed rulemaking, or any application 
        for any license, permit, certificate, or financial assistance 
        pending before the Secretary on the effective date of this 
        subparagraph, with respect to functions transferred by this 
        subparagraph;
            ``(vi) such proceedings and applications described in 
        clause (v) shall be continued and orders shall be issued in 
        such proceedings and appeals taken from the orders, and 
        payments shall be made pursuant to the orders, as if this 
        subparagraph had not been enacted, and orders issued in any 
        such proceedings shall continue in effect until modified, 
        terminated, superseded, set aside, or revoked by a duly 
        authorized official, by a court of competent jurisdiction, or 
        by operation of law;
            ``(vii) nothing in this subparagraph shall be construed to 
        prohibit the discontinuance or modification of any such 
        proceeding described in clause (v) under the same terms and 
        conditions and to the same extent that such proceeding could 
        have been discontinued or modified if this subparagraph had not 
        been enacted;
            ``(viii) this subparagraph shall not affect suits commenced 
        before the effective date of this subparagraph, and in all such 
        suits, proceedings shall be had, appeals taken, and judgments 
        rendered in the same manner and with the same effect as if this 
        subparagraph had not been enacted;
            ``(ix) no suit, action, or other proceeding commenced by or 
        against the Secretary, or by or against any individual in the 
        official capacity of such individual as an officer of the 
        Secretary, shall abate by reason of the enactment of this 
        subparagraph;
            ``(x) any administrative action relating to the preparation 
        or promulgation of a regulation by the Secretary relating to a 
        function transferred under this subparagraph may be continued 
        by the Administrator with the same effect as if this 
        subparagraph had not been enacted; and
            ``(xi) a reference in any other Federal law, Executive 
        order, rule, regulation, or delegation of authority, or any 
        document of or relating to--
                    ``(I) the Secretary with regard to functions 
                transferred under this subparagraph, shall be deemed to 
                refer to the Administrator; and
                    ``(II) the Department of Health and Human Services 
                with regard to functions transferred under this 
                subparagraph, shall be deemed to refer to the 
                Environmental Protection Agency.
    ``(C) As used in subparagraph (B), the term `Federal agency' has 
the meaning given the term `agency' by section 551(1) of title 5, 
United States Code.''; and
            (2) by adding at the end the following:
    ``(c)(1) Not later than 18 months after the date of enactment of 
this subsection, the Secretary shall issue regulations that require 
each manufacturer of bottled water to submit reports and display 
information as required under paragraph (2).
    ``(2) The regulations issued under paragraph (1) shall require that 
each manufacturer of bottled water shall--
            ``(A) not later than 36 months after the date of enactment 
        of this subsection and annually thereafter, prepare and submit 
        in electronic form, on a form provided by the Secretary, an 
        annual report to the Secretary that describes, at a minimum--
                    ``(i) the source of the water purveyed;
                    ``(ii) the type of treatment to which the water has 
                been subjected and whether such treatment meets the 
                Secretary's criteria for full protection of immuno-
                compromised individuals from cryptosporidium and other 
                microbial pathogens;
                    ``(iii) the amount and range of any regulated 
                contaminant detected in the water during the reporting 
                year, the maximum contaminant level goal for the 
                contaminant, if any, and whether the goal was exceeded 
                during the reporting year; and
                    ``(iv) the amount and range of any unregulated 
                contaminant detected in the water during the reporting 
year that is subject to unregulated contaminant monitoring or 
notification requirements under sections 1445 or 1414, respectively, of 
the Safe Drinking Water Act (42 U.S.C. 300j-4; 300g-3), or that the 
Secretary determines may present a threat to public health; and
            ``(B) for the second and each subsequent reporting year, 
        display on the labels of the bottled water--
                    ``(i) if the maximum contaminant level goal or 
                lowest health advisory level under the Safe Drinking 
                Water Act (whichever is lower) for a regulated 
                contaminant is exceeded during the preceding reporting 
                year--
                            ``(I) the amount and range of the regulated 
                        contaminant in the bottled water;
                            ``(II) the maximum contaminant level goal 
                        for the contaminant; and
                            ``(III) a plain definition of `maximum 
                        contaminant level goal' as determined by the 
                        Administrator;
                    ``(ii) the amount and range of any unregulated 
                contaminant detected in the water during the preceding 
                reporting year that is subject to unregulated 
                contaminant monitoring or notification requirements 
                under sections 1445 or 1414, respectively, of the Safe 
                Drinking Water Act (42 U.S.C. 300j-4; 300g-3) or that 
                the Secretary has determined may present a threat to 
                public health;
                    ``(iii) the source of the water;
                    ``(iv) the type of treatment, if any, to which the 
                water has been subjected and whether such treatment 
                meets the Secretary's criteria for full protection of 
                immuno-compromised individuals for cryptosporidium and 
                other microbial pathogens;
                    ``(v) the address for the Internet website 
                described in paragraph (3)(A); and
                    ``(vi) the toll-free telephone number described in 
                paragraph (3)(B).
    ``(3) Not later than 6 months after the date on which an annual 
report referred to in paragraph (2) is submitted to the Secretary, the 
Secretary shall make the report available to the public--
            ``(A) on an Internet website maintained by the Secretary; 
        and
            ``(B) in paper form, in English, Spanish, and in any other 
        language determined to be appropriate by the Secretary, upon 
        request made through use of a toll-free telephone number 
        maintained by the Secretary.
    ``(4) In addition to submitting an annual report under paragraph 
(2), the manufacturer may also submit a supplement to the Secretary 
that contains additional information that the manufacturer determines 
to be appropriate for public education. The Secretary may make the 
supplement available to the public in the same manner as the annual 
report is made available to the public under paragraph (3).
    ``(5) In the same manner as the annual report is made available to 
the public under paragraph (3), the Secretary shall make the following 
information available to the public:
            ``(A) The definitions of the terms `maximum contaminant 
        level goal' and `maximum contaminant level'.
            ``(B) For any regulated contaminant described in paragraph 
        (2)(A), a statement setting forth--
                    ``(i) the maximum contaminant level goal;
                    ``(ii) the maximum contaminant level; and
                    ``(iii) if a violation of the maximum contaminant 
                level has occurred during the reporting year, the 
                potential health concerns associated with such a 
                violation.
            ``(C) For any unregulated contaminant described in 
        paragraph (2)(A), a statement describing the health advisory or 
        explaining the reasons for determination by the Secretary that 
        the contaminant may present a threat to public health.
            ``(D) A statement explaining that the presence of 
        contaminants in bottled drinking water does not necessarily 
        create a health risk.
            ``(E) The date of the last Federal and State inspections of 
        the bottled water facilities relating to the safety of the 
        water.
            ``(F) A statement describing any violations discovered at 
        the facilities during the inspections described in subparagraph 
        (E) and any enforcement actions that were taken as a 
        consequence of the violations.
            ``(G) The date of recall of any bottled water and the 
        reasons for the recall.
    ``(d) Every manufacturer of bottled water who is subject to any 
requirement of this section shall maintain such records, make such 
reports, conduct such monitoring, and provide such information as the 
Secretary may reasonably require by regulation in order to assist the 
Secretary in establishing regulations under this section, in 
determining whether the manufacturer has acted or is acting in 
compliance with this section, in evaluating the health risks of 
unregulated contaminants, or in advising the public of such risks.
    ``(e) Not later than 12 months after the date of enactment of this 
subsection, and annually thereafter, the Secretary shall make available 
to the public, in the same manner as the annual report is made 
available under subsection (c)(3), information regarding violations of 
bottled water regulations relating to inspections, and any enforcement 
actions taken in regards to such violations. The Secretary shall 
establish and administer a grant program to fund the gathering of such 
information.
    ``(f) In this section:
            ``(1) The term `bottled water' means all water sold in the 
        United States that--
                    ``(A) is intended for human consumption;
                    ``(B) is sealed in bottles or other containers; and
                    ``(C) may be still or carbonated, but has no 
                sweeteners or juices added to the water, except for 
                trace levels of flavorings.
            ``(2) The term `contaminant' means any physical, chemical, 
        biological, or radiological substance or matter in water.
            ``(3) The term `maximum contaminant level' has the meaning 
        given the term in section 1401 of the Safe Drinking Water Act 
        (42 U.S.C. 300f).
            ``(4) The term `maximum contaminant level goal' means a 
        goal established by the Administrator under section 1412 of the 
        Safe Drinking Water Act (42 U.S.C. 300g-1).
            ``(5) The term `regulated contaminant' means a contaminant 
        that is regulated under section 1412 of the Safe Drinking Water 
        Act (42 U.S.C. 300g-1).
            ``(6) The term `unregulated contaminant' means a 
        contaminant that is not regulated under section 1412 of the 
        Safe Drinking Water Act (42 U.S.C. 300g-1).''.

SEC. 3. PROHIBITED ACTS.

    Section 301 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
331) is amended by adding at the end the following:
    ``(aa) The failure by a manufacturer of bottled water to submit an 
annual report or display the required information on labels of bottled 
water in accordance with section 410(c).''.
                                 <all>