Alert! 3 bills in Arkansas connected to fluoride schedule this week in committee

HOUSE BILL 1312 By: Representative Westerman

AN ACT TO PROVIDE LOCAL CONTROL OVER FLUORIDE LEVELS IN WATER SYSTEMS; AND FOR OTHER PURPOSES.”

SECTION 1. Arkansas Code § 20-7-136(b), concerning a statewide fluoridation program, is amended to read as follows:
(b) The company, corporation, municipality, county, government agency, or other entity that owns or controls a water system may determine whether the company, corporation, municipality, county, government agency, or other entity will adjust the quantity of fluoride in the water so as to maintain a fluoride content established by the Department of Health.  –Source

Upcoming Events: 2/26/2013 10:00:00 AM. PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE- HOUSE

               HOUSE BILL 1038 By Representative D. Altes.

AN ACT TO PROTECT CERTAIN WATER SYSTEMS; TO EXEMPT CITIES WITH A POPULATION OF MORE THAN EIGHTY THOUSAND AND LESS THAN ONE HUNDRED THOUSAND FROM CHEMICAL ADDITIVE REQUIREMENTS; AND FOR OTHER PURPOSES.”

SECTION 1. Arkansas Code § 20-7-136, concerning a statewide fluoridation program, is amended to add an additional subsection to read as follows:
20-7-136. Statewide fluoridation program.
(a) As used in this section, “water system” means a facility including without limitation a parent system, consecutive system, or other system that holds, treats, and supplies water directly or through a consecutive system or consecutive systems to five thousand (5,000) persons or more.
(b) The company, corporation, municipality, county, government agency, or other entity that owns or controls a water system shall control the quantity of fluoride in the water so as to maintain a fluoride content established by the Department of Health.
(c) The State Board of Health shall adopt rules relating to the fluoridation of water systems that shall include without limitation:
(1) Permissible concentrations of fluoride to be maintained by a water system; and
(2) Requirements and procedures for maintaining permissible concentrations of fluoride including without limitation:
(A) Necessary equipment;
(B) Record keeping;
(C) Reporting; and
(D) Testing.
(d)(1) A water system required to fluoridate under this section is not required to comply with the requirements of this section until funds sufficient to pay capital start-up costs for fluoridation equipment for the system have become available from any source other than tax revenue or service revenue regularly collected by the company, corporation, municipality, county, or other government agency that owns or controls the water system.
(2) A licensed civil engineer recognized or employed by the department who is familiar with the design, construction, operation, and maintenance of fluoridation systems shall determine for the department whether the capital start-up costs claimed under subdivision (d)(1) of this section are reasonable.
(e)(1) This section does not apply to a water system of a city with a population of more than eighty thousand (80,000) and less than one hundred thousand (100,000).
(2) This section does not apply to a water system of a city with a population of more than thirty-five thousand (35,000) and less than forty thousand (40,000).
(e)(f) A water system for a city in this state that receives its water supply from a community in another state is not required to comply with this section until a substantially similar fluoridation program is enacted for the water system of the community in the other state.     –Source

Upcoming Events 2/26/2013 10:00:00 AM. PUBLIC HEALTH, WELFARE AND LABOR COMMITTEE- HOUSE

                     SENATE BILL 255  By: Senator King.

AN ACT TO CREATE THE ARKANSAS WATER ADDITIVE ACCOUNTABILITY ACT; TO ESTABLISH CRITERIA FOR SUBSTANCES ADDED TO PUBLIC DRINKING WATER FOR PURPOSES UNRELATED TO POTABILITY; AND FOR OTHER PURPOSES.

The General Assembly finds that: (1) The United States Environmental Protection Agency gave up all enforceable oversight responsibilities for direct water additives in 1988, so that there are now no federal safety standards;

(2) The industry-established standard, known as American 35 National Standards Institute/NSF International Standard 60, that has been adopted by the State of Arkansas under Public Water System Regulation § VII.F is established and administered by a nongovernmental body with no direct responsibility to health agencies or consumers;

(3) Public policy discussions of the prospects of adding lithium to public water to alter human mood imbalances and statin drugs to affect  human cholesterol, rather than making water more potable, have increased along with water districts initiating the use of, halting the use of, and making changes in the use of fluoridation products;

(4) Chemical products are now more frequently sourced from China, Japan, Russia, and Mexico with no state requirement for batch testing for content and impurities or disclosure of origin; and

(5) It is essential that the contents and impurities of any chemical transported to and stored in a community in its raw undiluted state be fully identified for first responders, emergency remediation and response teams, risk management, homeland security, environmental impact, and for accurate assessments for both contaminant quality controls and appropriate permitting.

Duty of a water district.

(a) To ensure that a water district that services residents of the State of Arkansas select a product that is consistent with state law for treating disease or so affecting the bodily functions of the consumer as to prevent disease, rather than making water more potable, a water district shall purchase and administer substances for treating disease or affecting the bodily functions of the consumer to prevent disease only from a chemical  manufacturer or responsible entity in the chain of delivery of the product that provides the following declaration for the product: “This specific product, as it is constituted and inclusive of contaminants, when ingested by consumers in dilution amounts consistent with concentration goals in water established by safe drinking water regulations for the product:

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

(b) 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.”
(b) A water district that makes purchases under subsection (a) of this section shall make the notice required under subsection (a) of this section readily accessible to the public.

17-51-304. Transparency — Disclosure.

(a) A water district that services residents of the State of Arkansas  shall require as a condition of purchase that the manufacturer of a specific product that the water district adds or intends to add to the public drinking water for purposes of treating or affecting the bodily functions of consumers shall:

(1) Provide a list of all published and unpublished toxicological studies known to the manufacturer that deal with health and behavioral effects of continued use of the specific product;

(2) Identify the country or countries of origin of all or any part of the product, including any blending; and

(3) If toxicological studies known to the manufacturer on health and behavioral effects were performed on a different manufacturer’s product of the same chemical classification, identify the manufacturing source of the product that was studied and provide a comparison of content and contaminant  concentrations between the studied product and the product to be delivered.

(b) (1) A water district shall require that an update of the list of toxicological studies on the health and behavioral effects of the continued use of each product content and contaminant required under subsection (a) of this section be provided annually by the responsible party in the chain of delivery.

(2) A water district shall make the submissions by the manufacturer or responsible party in the chain of product delivery required under subsection (a) of this section readily accessible to the public.

17-51-305. Product declaration — Publication.

(a) To ensure that a water district that services residents of the State of Arkansas has selected and administers a water additive product intended to treat or affect the bodily functions of consumers that meets all Arkansas laws, rules, and regulations, the water district, as a condition of purchase, shall obtain a complete, dated, and correct copy of the manufacturer’s product declaration in force at the time of contract that the manufacturer of the product is required under Arkansas Public Water System Regulation VII.F to submit to NSF International to meet American National Standards Institute/NSF International Standard 60 General Requirements Section 3.2.1.

(b)(1) A water system shall make readily accessible to the public the  document required under subsection (a) of this section.
(2) Notification to the public under this subdivision (b)(2) shall include at a minimum:
(A) A proposed maximum use level for the product;
(B) The composition of the formulation, in percentage by volume or parts by weight, for each chemical in the formulation;
(C) The reaction mixture used to manufacture the chemical, if applicable;
(D) The chemical abstract number, the chemical name, and the name of the supplier for each chemical present in the formulation;
(E) A list of known or suspected impurities within the treatment chemical formulation and the maximum percentage by volume or parts by weight of each impurity;
(F) A description or classification of the process by which the treatment chemical is manufactured, handled, and packaged;   (G) Any selected spectra that have been required, including without limitation ultraviolet-visible or infrared; and
(F) A list of published and unpublished toxicological studies known to the manufacturer that are relevant to the treatment chemical and to the chemicals and impurities present in the treatment chemical.

17-51-306. Conformity with industry standards.

(a) A water district that services residents of the State of Arkansas shall select and add to the public drinking water only products intended to treat and affect the bodily functions of consumers that meet, at a minimum, the applicable published American Water Works Association standard for those products’ specific chemical classifications.

(b)(1) To ensure fulfillment of the association’s standards, the water district shall obtain from the manufacturer or other responsible party in the chain of delivery an independent analysis by an American National Standards Institute or an NSF International-certified laboratory determining the content and specific concentrations of each contaminant and of each shipment of the product that the analysis shall correlate with the product declaration that the manufacturer of the product is required to submit under Arkansas Public Water System Regulation VII.F, including data required under § 17-51-10 305(b)(2)(E).

(2) The analyses required under subdivision (b)(1) of this section and any reports on a delivery of a product shall be maintained and made immediately accessible to the public by the water district.

17-51-307. Violation — Penalties.
(a) A violation of this subchapter is a public nuisance that may be abated in the same manner as any public nuisance.
(b) A water district who violates this subchapter may be assessed a reasonable attorney’s fee and court costs of a successful action to enforce this subchapter.
(c) This subchapter does not limit other remedies at law for violations of public water safety laws or rules or regulations. –Source 

Upcoming Events 2/27/2013 10:00:00 AM. Senate Committee on Public Health, Welfare and Labor

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