AB 119, as amended, Committee on Environmental Safety and Toxic Materials. Water treatment devices.
Existing law prohibits a person from making a claim in connection with the sale or distribution of a water treatment device, as defined, that the device affects the health or safety of drinking water, 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,
begin delete andend delete 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. begin delete Thisend delete 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, after July 1, 2015, the exterior packaging of certain water treatment devices to clearly identify the contaminant that the device has been certified to remove or reduce, as specified. The bill would also require the manufacturer of certain water treatment devices, after July 1, 2015, to include a specified decal with each water treatment device offered for sale 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:
P3 1(1) (A) Any contaminant exists in the water of any person to
2whom the statement is directed unless the statement is true, is
3reasonably based on factual data, and at least a written summary
4of the factual data, that has been prepared or approved by the source
5of the factual data, is disclosed to the person to whom the statement
6is directed before that person executes any contract for the
7purchase, lease, or rental of a water treatment device.
8(B) Any contaminant may exist in the water of any person to
9whom the statement is directed unless the statement is true and is
10reasonably based on factual data.
11(2) A relationship between water quality and acute or chronic
12illness exists as a scientific certainty unless that statement is true.
13(3) The public water system, utility, or treatment plant that
14supplies water to the person to whom the statement is directed
15does not test, treat, or remove particular substances from water
16treated by it unless the statement is true.
17(4) A water treatment device removes particular contaminants
18or other substances from water unless the statement is true, is
19reasonably based on factual data in existence at the time the
20statement is made, and the requirements of subparagraphs (A)
21through (C) are satisfied.
22(A) If the particular contaminants or other substances mentioned
23in the statement described in paragraph (4) are not necessarily in
24the water of the person to whom the statement is made, the
25following disclosure or its equivalent must be clearly and
26conspicuously made: “The contaminants or other substances
27removed or reduced by this water treatment device are not
28necessarily in your water.”
29(B) If the statement described in paragraph (4) is oral, the
30disclosure described in subparagraph (A) shall be made orally and
31shall immediately follow the statement. If the statement is in
32writing, the disclosure shall be in writing and shall be placed
33 immediately next to the written statement.
34(C) Notwithstanding subparagraph (A), no statement about the
35ability of a water treatment device to remove particular
36contaminants or other substances shall be used to imply falsely
37that any of those contaminants or other substances are present in
38the water of the person to whom the statement is made.
39(5) Use news events, reports, or descriptions of water quality
40problems or health hazards associated with water systems or
P4 1suppliers different from the systems or suppliers of the intended
2consumer unless, at the same time, the seller sets forth
3conspicuously and prominently a statement, if true, that the seller
4has no information that the intended consumer’s water supply has
5the water quality problems or health hazards referred to in the news
6events, reports, or descriptions.
7(6) A water treatment device would provide a health benefit or
8diminish a health risk unless it would do so.
9(7) A water treatment device will solve or contribute to the
10solution of any problem unless the statement is true.
11(b) Perform precipitation tests of the individual consumer’s
12drinking water without also clearly informing the consumer of the
13results, scope, and limits of the test. Precipitation tests may only
14be used to demonstrate the hardness or other nonhealth-related
15characteristics of the water being tested.
16(c) Notwithstanding subdivision (a), make product performance
17claims or product benefit claims that the device affects the health
18or the safety of drinking water, unless the device
begin delete has been approved Article 3 (commencing with Section 116825) of Chapter 5
19by the State Department of Public Health pursuant toend delete
21of Part 12 of Division 104 of the Health and Safety
begin delete Code to make This subdivision does not apply to the making
22that claim.end delete
23of truthful and nonmisleading claims regarding the removal or
24reduction of contaminants
begin delete for which approval isend delete not associated
25with a health or safety claim pursuant to Article 3 (commencing
26with Section 116825) of Chapter 5 of Part 12 of Division 104 of
27the Health and Safety Code.
28(d) Use pictures, exhibits, graphs, charts, other graphic
29portrayals, endorsements, or testimonials in any untrue or
31(e) Fail to disclose clearly and conspicuously, in writing, to the
32purchaser, lessee, or renter, prior to the time of purchase, lease, or
33rent, the importance of maintaining the water treatment device
34according to the manufacturer’s instructions, including, if
35applicable, replacement of screens and filters. In addition, a
36separate printed gummed label, tag, or other convenient form of
37reminder of the importance of proper maintenance shall be provided
38to the purchaser, lessee, or renter.
Section 116825 of the Health and Safety Code is
40amended to read:
Unless the context otherwise requires, the following
2definitions shall govern construction of this article:
3(a) “Water treatment device” means any point of use or point
4of entry instrument or contrivance sold or offered for rental or
5lease for residential use, and designed to be added to the plumbing
6system, or used without being connected to the plumbing of a water
7supply intended for human consumption in order to improve the
8water supply by any means, including, but not limited to, filtration,
9distillation, adsorption, ion exchange, reverse osmosis, or other
10treatment. “Water treatment device” does not include any device
11that is regulated pursuant to Article 12 (commencing with Section
12111070) of Chapter 5 of Part 5.
13(b) “Department” means the State Department of Public Health.
14(c) “Person” means any individual, firm, corporation, or
15association, or any employee or agent thereof.
16(d) “Contaminants” means any health-related physical, chemical,
17biological, or radiological substance or matter in water.
18(e) “Health or safety claim” means any claim that the water
19treatment device will remove or reduce a contaminant for which
20either of the following applies:
21(1) A primary drinking water standard as defined in Section
22116275, or a treatment requirement as authorized in subdivision
23(j) of Section 116365 and subdivision (d) of Section 116375, has
25(2) A national primary drinking water standard or treatment
26requirement has been established under the federal Safe Drinking
27Water Act (42 U.S.C. Sec. 300g-1).
28(f) “Manufacturer” means any of the following:
29(1) A person that makes, converts, constructs, or produces water
30treatment devices for the purposes of sale, lease, or rental to
31individuals, corporations, associations, or other entities.
32(2) A person that assembles water treatment devices or treatment
33components from components manufactured by another entity.
34(3) A person that adds its own product name or product
35identification to water treatment devices or treatment components
36that 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
2to January 1, 2014, are repealed.
Section 116832 is added to the Health and Safety Code,
Commencing January 1, 2014, each manufacturer
6that offers for sale in California a water treatment device for which
7it makes a health or safety claim shall, for each water treatment
begin delete device,end delete submit to the department the following
11 information, together with the fee prescribed in Section 116850,
begin delete by March 1 of each calendar year,end delete for purposes of the begin delete department’send delete
13 publishing the information on its Internet Web site:
15 The name, address, telephone
number, and Internet Web
16site address, if any, of the manufacturer.
18 The name, address, and telephone number of a contact person
19for the manufacturer.
21 The name and model number of the water treatment device,
22and any other product identification,
begin delete including, but not limited to,
used by the manufacturer to describe the
23the product worksheet,end delete
24water treatment device or treatment component.
26 Each specific contaminant claimed to be removed or reduced
27by the device.
29 For each specific contaminant identified
begin delete in subdivision (d),end delete
30 the name of the organization that
31certified the device to verify its removal or reduction performance
32for that contaminant, the name of the testing protocol or standard
33used to test the device, a statement from the testing laboratory
34giving the date of the test, a summary of the results, and the date,
35if any, by which the device must be retested for verification of the
36removal or reduction performance 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
37safety claim is made shall not be sold or otherwise distributed
38unless the device
begin delete meets either of the following criteria:end delete
P8 1(1) The device has a valid certificate issued on or before
2December 31, 2013.
3(2) The device meets all of the following requirements:
4(A) The device has been certified by an independent certification
5organization that has been accredited by the American National
7(B) The device has been tested
and the test results verify the
8health or safety claim.
9(C) The device is included on the list of water treatment devices
10published on the department’s Internet Web site.
11(b) After July 1, 2015, the exterior packaging of a water
12treatment device for which a health or safety claim is made, and
13that is offered for sale in a retail establishment in California, shall
14clearly identify the contaminant or contaminants that the device
15has been certified pursuant to subdivision (a) to remove or reduce.
16If a device has been certified to remove or reduce more than five
17contaminants, at least five contaminants shall be listed on the
18exterior packaging followed by a statement directing consumers
19to visit the manufacturer’s Internet Web site to obtain information
20regarding additional contaminants that the device is certified to
21remove or reduce.
22(c) After July 1, 2015, the manufacturer of a water treatment
23device for which it makes a health or safety claim shall include
24with each water treatment device offered for sale in California a
25decal that may be affixed to the device by the consumer that states,
26at a minimum, the following:
28“Please refer to the owner’s manual for proper maintenance and
29operation. If this device is not maintained and operated as specified
30in the owner’s manual, there is a risk of exposure to contaminants.
31For more information, visit the manufacturer’s Internet Web site
33Manufacturer’s Internet Web Site or the California Depart
34ment of Public 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
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
6valid for five years following the date of initial issuance,
begin delete except
7that any certification that was renewed on or before January 1,
82014, shall remain valid only for the remaining period of that
9certification. end delete
Section 116840 of the Health and Safety Code is
12amended to read:
(a) The department, or any local health officer with
14the concurrence of the department, shall enforce this article.
15(b) The department may remove a water treatment device from,
16or determine not to include a water treatment device on, the list of
17water treatment devices on the department’s Internet Web site
18upon its determination of any of the following:
19(1) That the manufacturer, or any employee or agent thereof,
20has violated this article or Chapter 1 (commencing with Section
2117500) of Part 3 of Division 7 of the Business and Professions
23(2) That any of the information submitted pursuant to Section
24116832 is not true.
25(3) That a certificate issued by the department prior to December
2631, 2013, has
begin delete expired.end delete
32(c) Any person, corporation, firm, partnership,
33company, or any other association or organization that violates
34any provision of this article shall be liable for a civil penalty not
35to exceed five thousand dollars ($5,000) for each violation. Where
36the conduct constituting a violation is of a continuing nature, each
37day of the conduct is a separate and distinct violation. The civil
38penalty shall be assessed and recovered in a civil action brought
39in the name of the people of the State of California by the Attorney
P10 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
Section 116845 is added to the Health and Safety
17Code, to read:
The department shall publish semiannually on its
19Internet Web site the following:
20(a) (1) A list of water treatment devices for which a valid
21certification was issued by the department on or before December
begin delete 2013.end delete
25(2) A list of water treatment devices for which a manufacturer
26has submitted information pursuant to Section 116832, except for
27those water treatment devices that the department has determined
28to remove from, or not include on, the list pursuant to Section
30(3) A product worksheet for each water treatment
begin delete device, which
31shall, at a minimum, include the information specified in
32subdivisions (a) to (e), inclusive, of Section 116832.end delete
34(b) Consumer information, in English and Spanish, regarding
35the appropriate use of water treatment devices.
Section 116850 of the Health and Safety Code is
Section 116850 is added to the Health and Safety
39Code, to read:
(a) The department shall charge and collect
begin delete an annual
2fee of up to four thousand dollars ($4,000) perend delete
4 manufacturer that submits information as required by Section
begin delete 116832.end delete
The begin delete feeend delete shall not exceed the amount necessary
8to recoup the reasonable regulatory costs incurred by the
9department in publishing and maintaining the information on its
10Internet Web site as provided in Section 116845 and in conducting
11enforcement actions, including, but not limited to, referring matters
12for enforcement to other agencies pursuant to Section 116840.
21 The department may establish and periodically adjust the
22fee authorized by subdivision (a) by publishing the fee on its
begin delete site, and thisend delete action by the department shall
24not be subject to the rulemaking provisions of the Administrative
25Procedure Act (Chapter 3.5 (commencing with Section 11340) of
26Part 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
30Code, to read:
This article shall not apply to residential
32self-regenerating water softeners, as defined in Section 13148 of
33the Water Code.
Section 116860 of the Health and Safety Code is
35amended to read:
There is in the State Treasury the Water Device
37Certification Special Account. Fees collected pursuant to Section
38116850 shall be deposited in the account created by this section.
39The money in the account is available for expenditure by the
P12 1department, upon appropriation by the Legislature, solely for the
2purposes specified in this article.