[Congressional Record Volume 140, Number 83 (Monday, June 27, 1994)]
[Extensions of Remarks]
[Page E]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: June 27, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
                      STANDARDS FOR BOTTLED WATER

                                 ______


                            HON. JOHN BRYANT

                                of texas

                    in the house of representatives

                         Monday, June 27, 1994

  Mr. BRYANT. Mr. Speaker, I am introducing legislation today that 
would require the Food and Drug Administration to adopt timely quality 
standards for bottled water. The bill is similar to legislation that I 
and a number of my colleagues have supported in the past. It mirrors an 
amendment that was unanimously approved during Senate passage of the 
Safe Drinking Water Act.
  In the past, FDA has taken significantly longer to set quality 
standards for bottled water than the Environmental Protection Agency 
has to set standards for the public water systems. I am pleased that 
FDA has responded to Congress' concerns by proposing standards for 
those contaminants which were overdue. I am told that those standards 
will be finalized in the next couple of months and I encourage FDA to 
do so as soon as possible.
  The language I am introducing today would simply ensure that in the 
future, FDA would keep up with its regulatory responsibilities of 
bottled water. My amendment provides that if the FDA fails to regulate 
a contaminant in bottled water in a timely manner after EPA regulates a 
contaminant found in municipal water systems, the EPA standard will 
apply to bottled water. This legislation also provides that FDA quality 
standards for bottled water must be at least as stringent as EPA 
drinking water standards. And in those cases where the FDA believes it 
is appropriate for public health protection, bottled water quality 
standards can be even tougher than EPA standards.
  This proposal is increasingly important to consumers and bottlers 
alike as the industry continues to grow. Bottled water sales have 
reached an all-time high of $3 billion, with one in six households 
relying on bottled water as their source of drinking water.
  The International Bottled Water Association and the States have 
helped assure the safety of bottled water. The language I am 
introducing today will complete the job we started several years ago by 
requiring timely adoption of Federal standards. I would therefore 
encourage my colleagues to pass this legislation as part of the Safe 
Drinking Water Act, or as a free-standing bill.

                                H.R. --

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. BOTTLED WATER STANDARDS.

       (a) FDA Rules.--(1) At any time after the Administrator of 
     the Environmental Protection Agency publishes a proposed 
     maximum contaminant level under section 1412 of the Safe 
     Drinking Water Act (title XIV of the Public Health Service 
     Act) but not later than 180 days after the Administrator 
     publishes a final maximum contaminant level, the Secretary of 
     Health and Human Services, acting through the Commissioner of 
     the Food and Drug Administration, after public notice and 
     comment, shall promulgate a regulation establishing a quality 
     level for the contaminant in bottled water or make a finding 
     that such a regulation is not necessary to protect the public 
     health because the contaminant is contained in water in the 
     public water systems (as defined under section 1401(4) of 
     such Act (42 U.S.C. 300f(4)) and not in water used for 
     bottled water.
       (2) The regulation shall include any monitoring 
     requirements determined appropriate for bottled water by the 
     Secretary.
       (3) The regulation--
       (a) shall require that the quality level for the 
     contaminant in bottled water be as stringent as the maximum 
     contaminant level for the contaminant published by the 
     Administrator of the Environmental Protection Agency; and
       (B) may require that the quality level be more stringent 
     than the maximum contaminant level if necessary to provide 
     ample public health protection under this Act.
       (b) Default.--(1) If the Secretary fails to promulgate a 
     regulation as provided in subsection (a) within the 180-day 
     time period specified in subsection (a), the regulation with 
     respect to the final maximum contaminant level published by 
     the Administrator of the Environmental Protection Agency (as 
     described in subsection (a)) shall be considered, as of the 
     date on which the Secretary is required to establish a 
     regulation under subsection (a), as the final regulation for 
     the establishment of the quality level for a contaminant 
     required under subsection (a) for the purpose of establishing 
     or amending a bottled water quality level standard with 
     respect to the contaminant.
       (2) Not later than 30 days after the end of the 180-day 
     period described in subsection (a), the Secretary shall, with 
     respect to a maximum contaminant level that is considered as 
     a quality level under paragraph (1), publish a notice in the 
     Federal Register that sets forth the quality level and 
     appropriate monitoring requirements required under paragraphs 
     (1) and (2) of subsection (a) and that provides that the 
     quality level standard and requirements shall take effect on 
     the date on which the final regulation of the maximum 
     contaminant level takes effect.

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