Amended in Senate June 19, 2013

Amended in Assembly April 16, 2013

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 119


Introduced by Committee on Environmental Safety and Toxic Materials (Alejo (Chair), Bloom, Lowenthal, Stone, and Ting)

January 14, 2013


An act to amend Section 17577.2 of the Business and Professions Code, and to amend Sections 116825, 116840, and 116860 of, to add Sections 116831, 116832, and 116836 to, to repealbegin delete Sectionsend deletebegin insert Sectionend insert 116830begin delete and 116855end delete of, and to repeal and add Sections 116835, 116845,begin delete and 116850end deletebegin insert 116850, and 116855end insert of, the Health and Safety Code, relating to water treatment devices.

LEGISLATIVE COUNSEL’S DIGEST

AB 119, as amended, 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 wouldbegin delete insteadend deletebegin insert revise the criteria and procedure for certification of water treatment devices for which a health or safety claim, as defined, is made and wouldend insert require each manufacturer that offers for sale in Californiabegin delete aend deletebegin insert one of thoseend insert water treatmentbegin delete device for which it makes a health or safety claim, as defined,end deletebegin insert devicesend insert 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.begin insert The bill would require, before July 1, 2015, the exterior packaging of certain water treatment devices to clearly identify the contaminant or contaminants that the device has been certified to remove or reduce, as specified. The bill would also require the manufacturer of certain water treatment devices, before July 1, 2015, to include a specified decal with each water treatment device sold in California.end insert

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:

P2    1

SECTION 1.  

Section 17577.2 of the Business and Professions
2Code
is amended to read:

3

17577.2.  

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.

P3    1(B) Any contaminant may exist in the water of any person to
2whom the statement is directed unless the statement is true and is
3reasonably based on factual data.

4(2) A relationship between water quality and acute or chronic
5illness exists as a scientific certainty unless that statement is true.

6(3) The public water system, utility, or treatment plant that
7supplies water to the person to whom the statement is directed
8does not test, treat, or remove particular substances from water
9treated by it unless the statement is true.

10(4) A water treatment device removes particular contaminants
11or other substances from water unless the statement is true, is
12reasonably based on factual data in existence at the time the
13statement is made, and the requirements of subparagraphs (A)
14through (C) are satisfied.

15(A) If the particular contaminants or other substances mentioned
16in the statement described in paragraph (4) are not necessarily in
17the water of the person to whom the statement is made, the
18following disclosure or its equivalent must be clearly and
19conspicuously made: “The contaminants or other substances
20removed or reduced by this water treatment device are not
21necessarily in your water.”

22(B) If the statement described in paragraph (4) is oral, the
23disclosure described in subparagraph (A) shall be made orally and
24shall immediately follow the statement. If the statement is in
25writing, the disclosure shall be in writing and shall be placed
26 immediately next to the written statement.

27(C) Notwithstanding subparagraph (A), no statement about the
28ability of a water treatment device to remove particular
29contaminants or other substances shall be used to imply falsely
30that any of those contaminants or other substances are present in
31the water of the person to whom the statement is made.

32(5) Use news events, reports, or descriptions of water quality
33problems or health hazards associated with water systems or
34suppliers different from the systems or suppliers of the intended
35consumer unless, at the same time, the seller sets forth
36conspicuously and prominently a statement, if true, that the seller
37has no information that the intended consumer’s water supply has
38the water quality problems or health hazards referred to in the news
39events, reports, or descriptions.

P4    1(6) A water treatment device would provide a health benefit or
2diminish a health risk unless it would do so.

3(7) A water treatment device will solve or contribute to the
4solution of any problem unless the statement is true.

5(b) Perform precipitation tests of the individual consumer’s
6drinking water without also clearly informing the consumer of the
7results, scope, and limits of the test. Precipitation tests may only
8be used to demonstrate the hardness or other nonhealth-related
9characteristics of the water being tested.

10(c) Notwithstanding subdivision (a), make product performance
11claims or product benefit claims that the device affects the health
12or the safety of drinking water, unless the device complies with
13Article 3 (commencing with Section 116825) of Chapter 5 of Part
1412 of Division 104 of the Health and Safety Code. This subdivision
15does not apply to the making of truthful and nonmisleading claims
16regarding the removal or reduction of contaminants not associated
17with a health or safety claim pursuant to Article 3 (commencing
18with Section 116825) of Chapter 5 of Part 12 of Division 104 of
19the Health and Safety Code.

20(d) Use pictures, exhibits, graphs, charts, other graphic
21portrayals, endorsements, or testimonials in any untrue or
22misleading manner.

23(e) Fail to disclose clearly and conspicuously, in writing, to the
24purchaser, lessee, or renter, prior to the time of purchase, lease, or
25rent, the importance of maintaining the water treatment device
26according to the manufacturer’s instructions, including, if
27applicable, replacement of screens and filters. In addition, a
28separate printed gummed label, tag, or other convenient form of
29reminder of the importance of proper maintenance shall be provided
30to the purchaser, lessee, or renter.

31

SEC. 2.  

Section 116825 of the Health and Safety Code is
32amended to read:

33

116825.  

Unless the context otherwise requires, the following
34definitions shall govern construction of this article:

35(a) “Water treatment device” means any point of use or point
36of entry instrument or contrivance sold or offered for rental or
37lease for residential use, and designed to be added to the plumbing
38system, or used without being connected to the plumbing of a water
39supply intended for human consumption in order to improve the
40water supply by any means, including, but not limited to, filtration,
P5    1distillation, adsorption, ion exchange, reverse osmosis, or other
2treatment. “Water treatment device” does not include any device
3that is regulated pursuant to Article 12 (commencing with Section
4111070) of Chapter 5 of Part 5.

5(b) “Department” means the State Department of Public Health.

6(c) “Person” means any individual, firm, corporation, or
7association, or any employee or agent thereof.

8(d) “Contaminants” means any health-related physical, chemical,
9biological, or radiological substance or matter in water.

10(e) “Health or safety claim” means any claim that the water
11treatment device will remove or reduce a contaminant for which
12either of the following applies:

13(1) A primary drinking water standard as defined in Section
14116275, or a treatment requirement as authorized in subdivision
15(j) of Section 116365 and subdivision (d) of Section 116375, has
16been established.

17(2) A national primary drinking water standard or treatment
18requirement has been established under the federal Safe Drinking
19Water Act (42 U.S.C. Sec. 300g-1).

20(f) “Manufacturer” means any of the following:

21(1) A person that makes, converts, constructs, or produces water
22treatment devices for the purposes of sale, lease, or rental to
23individuals, corporations, associations, or other entities.

24(2) A person that assembles water treatment devices or treatment
25components from components manufactured by another entity.

26(3) A person that adds its own product name or product
27identification to water treatment devices or treatment components
28that have been manufactured or assembled by another entity.

29

SEC. 3.  

Section 116830 of the Health and Safety Code is
30repealed.

31

SEC. 4.  

Section 116831 is added to the Health and Safety Code,
32to read:

33

116831.  

All regulations adopted pursuant to this article prior
34to January 1, 2014, are repealed.

35

SEC. 5.  

Section 116832 is added to the Health and Safety Code,
36to read:

37

116832.  

Commencing January 1, 2014, each manufacturer that
38offers for sale in California a water treatment device for which it
39makes a health or safety claim shall, for each water treatment
40device, submit to the department the following information,
P6    1together with the fee prescribed in Section 116850, by March 1 of
2each calendar year, for purposes of the department’s publishing
3the information on its Internet Web site:

4(a) The name, address, telephone number, and Internet Web site
5address, if any, of the manufacturer.

6(b) The name, address, and telephone number of a contact person
7for the manufacturer.

8(c) The name and model number of the water treatment device,
9and any other product identification used by the manufacturer to
10describe the water treatment device or treatment component.

11(d) Each specific contaminant claimed to be removed or reduced
12by the device.

13(e) For each specific contaminant identified in subdivision (d),
14the name of the organization that certified the device to verify its
15removal or reduction performance for that contaminant, the name
16of the testing protocol or standard used to test the device, a
17statement from the testing laboratory giving the date of the test, a
18summary of the results, and the date, if any, by which the device
19must be retested for verification of the removal or reduction
20performance to remain effective.

21

SEC. 6.  

Section 116835 of the Health and Safety Code is
22repealed.

23

SEC. 7.  

Section 116835 is added to the Health and Safety Code,
24to read:

25

116835.  

begin insert(a)end insertbegin insertend insert A water treatment device for which a health or
26safety claim is made shall not be sold or otherwise distributed
27unless the device meets either of the following criteria:

begin delete

28(a)

end delete

29begin insert(1)end insert The device has a valid certificate issued on or before
30December 31, 2013.

begin delete

31(b)

end delete

32begin insert(2)end insert The devicebegin delete hasend deletebegin insert meets all of the following requirements:end insert

33begin insert(A)end insertbegin insertend insertbegin insertThe device hasend insert been certified by an independent certification
34organization that has been accredited by the American National
35Standardsbegin delete Institute, andend deletebegin insert Institute.end insert

36begin insert(B)end insertbegin insertend insertbegin insertThe device has been tested and theend insert test results verify the
37health or safetybegin delete claim, and theend deletebegin insert claim.end insert

38begin insert(C)end insertbegin insertend insertbegin insertTheend insert device is included on the list of water treatment devices
39published on the department’s Internet Web site.

begin insert

40

end insert
begin insert

P7    1(b) Before July 1, 2015, the exterior packaging of a water
2treatment device for which a health or safety claim is made, and
3that is offered for sale in a retail establishment in California, shall
4clearly identify the contaminant or contaminants that the device
5has been certified pursuant to subdivision (a) to remove or reduce.
6If a device has been certified to remove or reduce more than five
7contaminants, at least five contaminants shall be listed on the
8exterior packaging followed by a statement directing consumers
9to visit the manufacturer’s Internet Web site to obtain information
10regarding additional contaminants that the device is certified to
11remove or reduce.

end insert
begin insert

12(c) Before July 1, 2015, the manufacturer of a water treatment
13device for which it makes a health or safety claim shall include
14with each water treatment device sold in California a decal that
15may be affixed to the device by the consumer that states, at a
16minimum, the following:
17“Please refer to the owner’s manual for proper maintenance and
18operation. If this device is not maintained and operated as specified
19in the owner’s manual, there is a risk of exposure to contaminants.
20For more information, visit the manufacturer’s Internet Web site
21at
22Manufacturer’s Internet Web Site
or the California Department of
23Public Health’s Internet Web site at www.cdph.ca.gov.”

end insert
begin insert

24

end insert
25

SEC. 8.  

Section 116836 is added to the Health and Safety Code,
26to read:

27

116836.  

(a) Notwithstanding any other law, a certificate issued
28by the department shall not be valid unless the application for
29certification was filed on or before November 1, 2013.

30(b) A currently valid certificate issued by the department on or
31before December 31, 2013, pursuant to this article, shall remain
32begin deletein effect end deletebegin insertvalid end insertfor five years following the date of initial issuance,
33except that any certification that was renewed on or before January
341, 2014, shall remain valid only for the remaining period of that
35certification.

36

SEC. 9.  

Section 116840 of the Health and Safety Code is
37amended to read:

38

116840.  

(a) The department, or any local health officer with
39the concurrence of the department, shall enforce this article.

P8    1(b) The department may remove a water treatment device from,
2or determine not to include a water treatment device on, the list of
3water treatment devices on the department’s Internet Web site
4upon its determination of any of the following:

5(1) That the water treatment device was not certified by the
6independent certification organization that the manufacturer named
7in its submission to the department pursuant to Section 116832.

8(2) That the manufacturer, or any employee or agent thereof,
9has violated this article or Chapter 1 (commencing with Section
10 17500) of Part 3 of Division 7 of the Business and Professions
11Code.

12(3) That any of the information submitted pursuant to Section
13116832 is not true.

14(4) That a certificate issued by the department prior to December
1531, 2013, has expired.

16(c) Any person, corporation, firm, partnership, joint stock
17company, or any other association or organization that violates
18any provision of this article shall be liable for a civil penalty not
19to exceed five thousand dollars ($5,000) for each violation. Where
20the conduct constituting a violation is of a continuing nature, each
21day of the conduct is a separate and distinct violation. The civil
22penalty shall be assessed and recovered in a civil action brought
23in the name of the people of the State of California by the Attorney
24General, or by any district attorney, county counsel, or city attorney
25in any court of competent jurisdiction.

26(d) If the action is brought by the Attorney General, one-half
27of the penalty collected shall be paid to the treasurer of the county
28in which the judgment was entered, and one-half to the State
29Treasurer. If brought by a district attorney or county counsel, the
30entire amount of penalties collected shall be paid to the treasurer
31of the county in which the judgment was entered. If brought by a
32city attorney or city prosecutor, one-half of the penalty shall be
33paid to the treasurer of the county and one-half to the city.

34(e) Unless otherwise provided, the remedies or penalties
35provided by this article are cumulative to each other and to
36remedies or penalties available under all other laws of this state.

37

SEC. 10.  

Section 116845 of the Health and Safety Code is
38repealed.

39

SEC. 11.  

Section 116845 is added to the Health and Safety
40Code
, to read:

P9    1

116845.  

The department shall publish on its Internet Web site
2the following:

3(a) (1) A list of water treatment devices for which a valid
4certification was issued by the department on or before December
531, 2013.

6(2) A list of water treatment devices for which a manufacturer
7has submitted information pursuant to Section 116832, except for
8those water treatment devices that the department has determined
9to remove from, or not include on, the list pursuant to Section
10116840.

11(3) A product worksheet for each water treatment device.

12(b) Consumer information, in English and Spanish, regarding
13the appropriate use of water treatment devices.

14

SEC. 12.  

Section 116850 of the Health and Safety Code is
15repealed.

16

SEC. 13.  

Section 116850 is added to the Health and Safety
17Code
, to read:

18

116850.  

(a) The department shall charge and collect an annual
19fee of up to four thousand dollars ($4,000) per manufacturer that
20submits information as required by Section 116832. The fee shall
21not exceed the amount necessary to recoup the reasonable
22regulatory costs incurred by the department in publishing and
23maintaining the information on its Internet Web site as provided
24in Section 116845 and in conducting enforcement actions,
25including, but not limited to, referring matters for enforcement to
26other agencies pursuant to Section 116840.

27(b) begin deleteNotwithstanding any other law, the end deletebegin insertThe end insertdepartment may
28establish and periodically adjust the fee authorized by subdivision
29(a) by publishing the fee on its Internet Web site, and this action
30by the department shall not be subject to the rulemaking provisions
31of the Administrative Procedure Act (Chapter 3.5 (commencing
32with Section 11340) of Part 1 of Division 3 of Title 2 of the
33Government Code).

34

SEC. 14.  

Section 116855 of the Health and Safety Code is
35repealed.

36begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 116855 is added to the end insertbegin insertHealth and Safety
37Code
end insert
begin insert, to read:end insert

begin insert
38

begin insert116855.end insert  

This article shall not apply to residential
39self-regenerating water softeners, as defined in Section 13148 of
40the Water Code.

end insert
P10   1

begin deleteSEC. 15.end delete
2begin insertSEC. 16.end insert  

Section 116860 of the Health and Safety Code is
3amended to read:

4

116860.  

There is in the State Treasury the Water Device
5Certification Special Account. Fees collected pursuant to Section
6116850 shall be deposited in the account created by this section.
7The money in the account is available for expenditure by the
8department, upon appropriation by the Legislature, solely for the
9purposes specified in this article.



O

    96