AB 119, as introduced, Committee on Environmental Safety and Toxic Materials. Water treatment devices.
Existing law prohibits a person from making a claim that a water treatment device, as defined, affects the health or safety of drinking water, in connection with the sale or distribution of the device, unless the device has been certified by the State Department of Public Health or another entity, as specified. Existing law requires the department to adopt regulations setting forth the criteria and procedures for certification of water treatment devices that are claimed to affect the health or safety of drinking water.
This bill would instead require each manufacturer that offers for sale in California a water treatment device for which it makes a health or safety claim, as defined, to submit specified information, including the manufacturer’s contact information, product identification information, and the specific contaminant claimed to be removed or reduced by the device, to the department for purposes of inclusion on the department’s Internet Web site. This bill would also require each manufacturer to pay a reasonable regulatory fee to pay for the cost of publishing information on the department’s Internet Web site and for conducting enforcement actions.
This bill would make related and conforming changes.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 17577.2 of the Business and Professions
2Code is amended to read:
It is unlawful for any person to do any of the following
4in connection with the sale, lease, rental, offer to sell, lease, rent,
5or other disposition of water treatment devices:
6(a) Make any untrue or misleading oral or written statements
7regarding the presence of one or more contaminants in water, or
8the performance of water treatment devices, including, but not
9limited to, the following oral or written statements:
10(1) (A) Any contaminant exists in the water of any person to
11whom the statement is directed unless the statement is true, is
12reasonably based on factual data, and at least a written summary
13of the factual data, that has been prepared or approved by the source
14of the factual data, is disclosed to the person to whom the statement
15is directed before that person executes any contract for the
16purchase, lease, or rental of a water treatment device.
17(B) Any contaminant may exist in the water of any person to
18whom the statement is directed unless the statement is true and is
19reasonably based on factual data.
20(2) A relationship between water quality and acute or chronic
21illness exists as a scientific certainty unless that statement is true.
22(3) The public water system, utility, or treatment plant that
23supplies water to the person to whom the statement is directed
24does not test, treat, or remove particular substances from water
25treated by it unless the statement is true.
26(4) A water treatment device removes
27or other substances from water unless the statement is true, is
28reasonably based on factual data in existence at the time the
29statement is made, and the requirements of subparagraphs (A)
30through (C) are satisfied.
P3 1(A) If the particular contaminants or other substances mentioned
2in the statement described in paragraph (4) are not necessarily in
3the water of the person to whom the statement is made, the
4following disclosure or its equivalent must be clearly and
5conspicuously made: “The contaminants or other substances
6removed or reduced by this water treatment device are not
7necessarily in your water.”
8(B) If the statement described in paragraph (4) is oral, the
9disclosure described in subparagraph (A) shall be made orally and
10shall immediately follow the statement. If the statement is in
11writing, the disclosure shall be in writing and shall be placed
12 immediately next to the written statement.
13(C) Notwithstanding subparagraph (A), no statement about the
14ability of a water treatment device to remove particular
15contaminants or other substances shall be used to imply falsely
16that any of those contaminants or other substances are present in
17the water of the person to whom the statement is made.
18(5) Use news events, reports, or descriptions of water quality
19problems or health hazards associated with water systems or
20suppliers different from the systems or suppliers of the intended
21consumer unless, at the same time, the seller sets forth
22conspicuously and prominently a statement, if true, that the seller
23has no information that the intended consumer’s water supply has
24the water quality problems or health hazards referred to in the news
25events, reports, or descriptions.
26(6) A water treatment device would provide a health benefit or
27diminish a health risk unless it would do so.
28(7) A water treatment device will solve or contribute to the
29solution of any problem unless the statement is true.
30(b) Perform precipitation tests of the individual consumer’s
31drinking water without also clearly informing the consumer of the
32results, scope, and limits of the test. Precipitation tests may only
33be used to demonstrate the hardness or other nonhealth-related
34characteristics of the water being tested.
35(c) Notwithstanding subdivision (a), make product performance
36claims or product benefit claims that the device affects health
37or the safety of drinking water, unless the device has been
begin delete certifiedend delete
38 by the State Department of
begin delete Health Servicesend delete pursuant to Article 3 (commencing
40with Section 116825) of Chapter 5 of Part 12 of Division 104 of
P4 1the Health and Safety Code. This subdivision does not apply to
2the making of truthful and nonmisleading claims regarding the
3removal or reduction of contaminants
begin delete for which certification is end delete
begin deletenot availableend delete pursuant
5to Article 3 (commencing with Section 116825) of Chapter 5 of
6Part 12 of Division 104 of the Health and Safety Code.
7This subdivision shall become operative one year after the
8effective date of the regulations adopted pursuant to Section
9116830 of the Health and Safety Code.
10(d) Use pictures, exhibits, graphs, charts, other graphic
11portrayals, endorsements, or testimonials in any untrue or
13(e) Fail to disclose clearly and conspicuously, in writing, to the
14purchaser, lessee, or renter, prior to the time of purchase, lease, or
15rent, the importance of maintaining the water treatment device
16according to the manufacturer’s instructions, including, if
17applicable, replacement of screens and filters. In addition, a
18separate printed gummed label, tag, or other convenient form of
19reminder of the importance of proper maintenance shall be provided
20to the purchaser, lessee, or renter.
Section 116825 of the Health and Safety Code is
22amended to read:
Unless the context otherwise requires, the following
24definitions shall govern construction of this article:
25(a) “Water treatment device” means any point of use or point
26of entry instrument or contrivance sold or offered for rental or
27lease for residential use, and designed to be added to the plumbing
28system, or used without being connected to the plumbing of a water
29supply intended for human consumption in order to improve the
30water supply by any means, including, but not limited to, filtration,
31distillation, adsorption, ion exchange, reverse osmosis, or other
32treatment. “Water treatment device” does not include any device
33that is regulated pursuant to Article 12 (commencing with Section
34111070) of Chapter 5 of Part 5.
35(b) “Department” means the Department of
begin delete Health Servicesend delete
37(c) “Person” means any individual, firm, corporation, or
38association, or any employee or agent thereof.
39(d) “Contaminants” means any health-related physical, chemical,
40biological, or radiological substance or matter in water.
Section 116830 of the Health and Safety Code is
(a) The department shall adopt regulations setting
23forth the criteria and procedures for certification of water treatment
24devices that are claimed to affect the health or safety of drinking
25water. The regulations shall include appropriate testing protocols
26and procedures to determine the performance of water treatment
27devices in reducing specific contaminants from public or private
28domestic water supplies. The regulations may adopt, by reference,
29the testing procedures and standards of one or more independent
30testing organizations if the department determines that the
31procedures and standards are adequate to meet the requirements
32of this section. The regulations may specify any testing
33organization that the department has designated to conduct the
34testing of water treatment devices.
35(b) The regulations required by subdivision (a) shall include
36minimum standards for the following:
37(1) Performance requirements.
38(2) Types of tests to be performed.
39(3) Types of allowable materials.
40(4) Design and construction.
P6 1(5) Instruction and information requirements, including
2operational, maintenance, replacement, and estimated cost of these
4(6) Any additional requirements, not inconsistent with this
5article, as may be necessary to carry out this article.
6(c) The department or any testing organization designated by
7the department pursuant to this section may agree to evaluate test
8data on a water treatment device offered by the manufacturer of
9the water treatment device, in lieu of the requirements of this
10section, if the department or the testing organization determines
11that the testing procedures and standards used to develop the data
12are adequate to meet the requirements of this section.
Section 116831 is added to the Health and Safety Code,
All regulations adopted pursuant to this article prior
16to January 1, 2014, are repealed.
Section 116832 is added to the Health and Safety Code,
Commencing January 1, 2014, each manufacturer that
20offers for sale in California a water treatment device for which it
21makes a health or safety claim shall, for each water treatment
22device, submit to the department the following information,
23together with the fee prescribed in Section 116850, by March 1 of
24each calendar year, for purposes of the department’s publishing
25the information on its Internet Web site:
26(a) The name, address, telephone number, and Internet Web site
27address, if any, of the manufacturer.
28(b) The name, address, and telephone number of a contact person
29for the manufacturer.
30(c) The name and model number of the water treatment device,
31and any other product identification used by the manufacturer to
32describe the water treatment device or treatment component.
33(d) Each specific contaminant claimed to be removed or reduced
34by the device.
35(e) For each specific contaminant identified in subdivision (d),
36the name of the organization that tested the device to verify its
37removal or reduction performance for that contaminant, the name
38of the testing protocol or standard used to test the device, a
39statement from the testing laboratory giving the date of the test, a
40summary of the results, and the date, if any, by which the device
P7 1must be retested for verification of the removal or reduction
2performance to remain effective.
Section 116835 of the Health and Safety Code is
No water treatment device that makes product
6performance claims or product benefit claims that the device affects
7health or the safety of drinking water, shall be sold or otherwise
8distributed that has not been certified by the department or by
9another entity in accordance with subdivision (b). Water treatment
10devices not offered for sale or distribution based on claims of
11improvement in the healthfulness of drinking water need not be
12certified pursuant to this section.
The department may accept a water treatment device
14certification issued by an agency of another state, by an
15independent testing organization, or by the federal government in
16lieu of its own, if the department determines that certification
17program meets the requirements of this article.
A water treatment device initially installed prior to the
19operative date of this section shall not require certification pursuant
20to Section 116830.
Subdivisions (a), (b), and (c) shall become operative one
22year after the effective date of the regulations adopted pursuant to
23Section 116830. Regulations adopted pursuant to that section shall
24be transmitted to the Legislature upon adoption.
Section 116835 is added to the Health and Safety Code,
A water treatment device for which a health or safety
28claim is made shall not be sold or otherwise distributed unless the
29device meets either of the following criteria:
30(a) The device has a valid certificate issued on or before
31December 31, 2013.
32(b) The device has been tested by an independent testing
33organization that has been accredited by the American National
34Standards Institute, and test results verify the health or safety claim,
35and the device is included on the list of water treatment devices
36published on the department’s Internet Web site.
Section 116836 is added to the Health and Safety Code,
(a) Notwithstanding any other law, a certificate issued
2by the department shall not be valid unless the application for
3certification was filed on or before November 1, 2013.
4(b) A currently valid certificate issued by the department on or
5before December 31, 2013, pursuant to this article, shall remain
6in effect for five years following the date of initial issuance, except
7that any certification that was renewed on or before January 1,
82014, shall remain valid only for the remaining period of that
Section 116840 of the Health and Safety Code is
11amended to read:
(a) The department
begin delete,end delete or any local health officer begin delete with end delete
begin deletethe concurrence of the department, shallend delete enforce
15(b) The department may
begin delete suspend, revoke, or deny a certificate end delete
begin deleteupon its determinationend delete
begin delete eitherend delete of the following:
20(1) That the water treatment device
begin delete does not perform in end delete
begin deleteaccordance with the claims made under the standardend delete
25(2) That the manufacturer, or any employee or agent thereof,
26has violated this article
begin delete, any regulation adopted pursuant to this end delete
begin deletearticle,end delete
or Chapter 1 (commencing with Section 17500) of Part 3
28of Division 7 of the Business and Professions Code.
33(c) Any person, corporation, firm, partnership, joint stock
34company, or any other association or organization that violates
35any provision of this article shall be liable for a civil penalty not
36to exceed five thousand dollars ($5,000) for each violation. Where
37the conduct constituting a violation is of a continuing nature, each
38day of the conduct is a separate and distinct violation. The civil
39penalty shall be assessed and recovered in a civil action brought
40in the name of the people of the State of California by the Attorney
P9 1General, or by any district attorney, county counsel, or city attorney
2in any court of competent jurisdiction.
3(d) If the action is brought by the Attorney General, one-half
4of the penalty collected shall be paid to the treasurer of the county
5in which the judgment was entered, and one-half to the State
6Treasurer. If brought by a district attorney or county counsel, the
7entire amount of penalties collected shall be paid to the treasurer
8of the county in which the judgment was entered. If brought by a
9city attorney or city prosecutor, one-half of the penalty shall be
10paid to the treasurer of the county and one-half to the city.
11(e) Unless otherwise provided, the remedies or penalties
12provided by this article are cumulative to each other and to
13remedies or penalties available under all other laws of this state.
Section 116845 of the Health and Safety Code is
The department shall publish a list of water treatment
17devices certified under this article, including the specific standard
18under which the device is certified.
Section 116845 is added to the Health and Safety
20Code, to read:
The department shall publish on its Internet Web site
22both of the following:
23(a) (1) A list of water treatment devices for which a valid
24certification was issued by the department on or before December
26(2) A list of water treatment devices for which a manufacturer
27has submitted information pursuant to Section 116832, except for
28those water treatment devices that the department has determined
29to remove from, or not include on, the list pursuant to Section
31(b) Consumer information, in English and Spanish, regarding
32the appropriate use of water treatment devices.
Section 116850 of the Health and Safety Code is
The department shall charge and collect a fee for each
36certificate applied for which shall be an amount reasonably
37necessary to produce sufficient revenue to effectively implement
Section 116850 is added to the Health and Safety
40Code, to read:
(a) The department shall charge and collect an annual
2fee of up to four thousand dollars ($4,000) per manufacturer that
3submits information as required by Section 116832. The fee shall
4not exceed the amount necessary to recoup the reasonable
5regulatory costs incurred by the department in publishing and
6maintaining the information on its Internet Web site as provided
7in Section 116845 and in conducting enforcement actions,
8including, but not limited to, referring matters for enforcement to
9other agencies pursuant to Section 116840.
10(b) Notwithstanding any other law, the department may establish
11and periodically adjust the fee authorized by subdivision (a) by
12publishing the fee on its Internet Web site, and this action by the
13department shall not be subject to the rulemaking provisions of
14the Administrative Procedure Act (Chapter 3.5 (commencing with
15Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Section 116855 of the Health and Safety Code is
In developing regulations pursuant to this article, the
20department shall seek the consultation of representatives from the
21industry regulated under the article, from drinking water purveyors,
22and from persons with expertise and experience in promoting
Section 116860 of the Health and Safety Code is
25amended to read:
There is in the State Treasury the Water Device
27Certification Special Account. Fees collected pursuant to Section
28116850 shall be deposited in the account created by this section.