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 would revise the criteria and procedure for certification of water treatment devices for which a health or safety claim, as defined, is made and would require each manufacturer that offers for sale in California one of those water treatment devices 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. The bill would require,
begin delete beforeend delete 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, begin delete beforeend delete July 1, 2015, to include a specified decal with each water treatment device sold in California.
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.
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
begin delete complies withend delete
13 Article 3 (commencing with Section 116825) of
15Chapter 5 of Part 12 of Division 104 of the Health and Safety Code
16. This subdivision does not apply to the making
17of truthful and nonmisleading claims regarding the removal or
18reduction of contaminants not associated
19with a health or safety claim pursuant to Article 3 (commencing
20with Section 116825) of Chapter 5 of Part 12 of Division 104 of
21the Health and Safety Code.
22(d) Use pictures, exhibits, graphs, charts, other graphic
23portrayals, endorsements, or testimonials in any untrue or
25(e) Fail to disclose clearly and conspicuously, in writing, to the
26purchaser, lessee, or renter, prior to the time of purchase, lease, or
27rent, the importance of maintaining the water treatment device
28according to the manufacturer’s instructions, including, if
29applicable, replacement of screens and filters. In addition, a
30separate printed gummed label, tag, or other convenient form of
31reminder of the importance of proper maintenance shall be provided
32to the purchaser, lessee, or renter.
Section 116825 of the Health and Safety Code is
34amended to read:
Unless the context otherwise requires, the following
36definitions shall govern construction of this article:
37(a) “Water treatment device” means any point of use or point
38of entry instrument or contrivance sold or offered for rental or
39lease for residential use, and designed to be added to the plumbing
40system, or used without being connected to the plumbing of a water
P5 1supply intended for human consumption in order to improve the
2water supply by any means, including, but not limited to, filtration,
3distillation, adsorption, ion exchange, reverse osmosis, or other
4treatment. “Water treatment device” does not include any device
5that is regulated pursuant to Article 12 (commencing with Section
6111070) of Chapter 5 of Part 5.
7(b) “Department” means the State Department of Public Health.
8(c) “Person” means any individual, firm, corporation, or
9association, or any employee or agent thereof.
10(d) “Contaminants” means any health-related physical, chemical,
11biological, or radiological substance or matter in water.
12(e) “Health or safety claim” means any claim that the water
13treatment device will remove or reduce a contaminant for which
14either of the following applies:
15(1) A primary drinking water standard as defined in Section
16116275, or a treatment requirement as authorized in subdivision
17(j) of Section 116365 and subdivision (d) of Section 116375, has
19(2) A national primary drinking water standard or treatment
20requirement has been established under the federal Safe Drinking
21Water Act (42 U.S.C. Sec. 300g-1).
22(f) “Manufacturer” means any of the following:
23(1) A person that makes, converts, constructs, or produces water
24treatment devices for the purposes of sale, lease, or rental to
25individuals, corporations, associations, or other entities.
26(2) A person that assembles water treatment devices or treatment
27components from components manufactured by another entity.
28(3) A person that adds its own product name or product
29identification to water treatment devices or treatment components
30that have been manufactured or assembled by another entity.
Section 116830 of the Health and Safety Code is
Section 116831 is added to the Health and Safety Code,
All regulations adopted pursuant to this article prior
36to January 1, 2014, are repealed.
Section 116832 is added to the Health and Safety Code,
Commencing January 1, 2014, each manufacturer that
40offers for sale in California a water treatment device for which it
P6 1makes a health or safety claim shall, for each water treatment
2device, submit to the department the following information,
3together with the fee prescribed in Section 116850, by
begin delete Marchend delete
4 1 of each calendar year, for purposes of the department’s
5publishing the information on its Internet Web site:
6(a) The name, address, telephone number, and Internet Web site
7address, if any, of the manufacturer.
8(b) The name, address, and telephone number of a contact person
9for the manufacturer.
10(c) The name and model number of the water treatment device,
11and any other product identification used by the manufacturer to
12describe the water treatment device or treatment component.
13(d) Each specific contaminant claimed to be removed or reduced
14by the device.
15(e) For each specific contaminant identified in subdivision (d),
16the name of the organization that certified the device to verify its
17removal or reduction performance for that contaminant, the name
18of the testing protocol or standard used to test the device, a
19statement from the testing laboratory giving the date of the test, a
20summary of the results, and the date, if any, by which the device
21must be retested for verification of the removal or reduction
22performance to remain effective.
Section 116835 of the Health and Safety Code is
Section 116835 is added to the Health and Safety Code,
(a) A water treatment device for which a health or
28safety claim is made shall not be sold or otherwise distributed
29unless the device meets either of the following criteria:
30(1) The device has a valid certificate issued on or before
31December 31, 2013.
32(2) The device meets all of the following requirements:
33(A) The device has been certified by an independent certification
34organization that has been accredited by the American National
36(B) The device has been tested
and the test results verify the
37health or safety claim.
38(C) The device is included on the list of water treatment devices
39published on the department’s Internet Web site.
begin deleteBefore end deleteJuly 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.
begin deleteBefore end deleteJuly 1, 2015, the manufacturer of a water
13treatment device for which it makes a health or safety claim shall
14include with each water treatment device sold in California a decal
15that may 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
22Manufacturer’s Internet Web Site or the California Department of
23Public Health’s Internet Web site at www.cdph.ca.gov.”
Section 116836 is added to the Health and Safety Code,
(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
32valid for five years following the date of initial issuance, except
33that any certification that was renewed on or before January 1,
342014, shall remain valid only for the remaining period of that
Section 116840 of the Health and Safety Code is
37amended to read:
(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.
9 That the manufacturer, or any employee or agent thereof,
10has violated this article or Chapter 1 (commencing with Section
1117500) of Part 3 of Division 7 of the Business and Professions
14 That any of the information submitted pursuant to Section
15116832 is not true.
17 That a certificate issued by the department prior to December
1831, 2013, has expired.
19(c) Any person, corporation, firm, partnership, joint stock
20company, or any other association or organization that violates
21any provision of this article shall be liable for a civil penalty not
22to exceed five thousand dollars ($5,000) for each violation. Where
23the conduct constituting a violation is of a continuing nature, each
24day of the conduct is a separate and distinct violation. The civil
25penalty shall be assessed and recovered in a civil action brought
26in the name of the people of the State of California by the Attorney
27General, or by any district attorney, county counsel, or city attorney
28in any court of competent jurisdiction.
29(d) If the action is brought by the Attorney General, one-half
30of the penalty collected shall be paid to the treasurer of the county
31in which the judgment was entered, and one-half to the State
32Treasurer. If brought by a district attorney or county counsel, the
33entire amount of penalties collected shall be paid to the treasurer
34of the county in which the judgment was entered. If brought by a
35city attorney or city prosecutor, one-half of the penalty shall be
36paid to the treasurer of the county and one-half to the city.
37(e) Unless otherwise provided, the remedies or penalties
38provided by this article are cumulative to each other and to
39remedies or penalties available under all other laws of this state.
Section 116845 of the Health and Safety Code is
Section 116845 is added to the Health and Safety
4Code, to read:
The department shall publish on its Internet Web site
7(a) (1) A list of water treatment devices for which a valid
8certification was issued by the department on or before December
10(2) A list of water treatment devices for which a manufacturer
11has submitted information pursuant to Section 116832, except for
12those water treatment devices that the department has determined
13to remove from, or not include on, the list pursuant to Section
15(3) A product worksheet for each water treatment device.
16(b) Consumer information, in English and Spanish, regarding
17the appropriate use of water treatment devices.
Section 116850 of the Health and Safety Code is
Section 116850 is added to the Health and Safety
21Code, to read:
(a) The department shall charge and collect an annual
23fee of up to four thousand dollars ($4,000) per manufacturer that
24submits information as required by Section 116832. The fee shall
25not exceed the amount necessary to recoup the reasonable
26regulatory costs incurred by the department in publishing and
27maintaining the information on its Internet Web site as provided
28in Section 116845 and in conducting enforcement actions,
29including, but not limited to, referring matters for enforcement to
30other agencies pursuant to Section 116840.
31(b) The department may establish and periodically adjust the
32fee authorized by subdivision (a) by publishing the fee on its
33Internet Web site, and this action by the department shall not be
34subject to the rulemaking provisions of the Administrative
35Procedure Act (Chapter 3.5 (commencing with Section 11340) of
36Part 1 of Division 3 of Title 2 of the Government Code).
Section 116855 of the Health and Safety Code is
Section 116855 is added to the Health and Safety
40Code, to read:
This article shall not apply to residential
2self-regenerating water softeners, as defined in Section 13148 of
3the Water Code.
Section 116860 of the Health and Safety Code is
5amended to read:
There is in the State Treasury the Water Device
7Certification Special Account. Fees collected pursuant to Section
8116850 shall be deposited in the account created by this section.
9The money in the account is available for expenditure by the
10department, upon appropriation by the Legislature, solely for the
11purposes specified in this article.