S T A T E   O F   N E W   Y O R K
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                                  8436

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 15, 2011
                               ___________

Introduced  by  M. of A. DINOWITZ, JAFFEE -- Multi-Sponsored by -- M. of
  A. BOYLAND, CLARK, COLTON, CYMBROWITZ, HOOPER, JACOBS, MARKEY,  ORTIZ,
  J. RIVERA,  P. RIVERA, SWEENEY, WEINSTEIN, WEISENBERG -- read once and
  referred to the Committee on Consumer Affairs and Protection

AN ACT to amend the general  business  law,  in  relation  to  labelling
  bottled water sold or offered for sale

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new article
22-C to read as follows:
                              ARTICLE 22-C
                         LABELLING BOTTLED WATER
                        SOLD OR OFFERED FOR SALE
SECTION 350-J. DEFINITIONS.
        350-K. BOTTLED WATER SOLD IN STATE TO BE LABELED.
        350-L. BOTTLED WATER REPORT.
        350-M. RULES AND REGULATIONS.
        350-N. ENFORCEMENT BY ATTORNEY GENERAL.
  S 350-J. DEFINITIONS. WHEN USED IN THIS ARTICLE, THE  FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANING ASCRIBED TO THEM:
  1. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF HEALTH.
  2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF HEALTH.
  3.  "MAXIMUM  CONTAMINANT  LEVEL"  SHALL  MEAN THE MAXIMUM PERMISSIBLE
LEVEL OF PHYSICAL, CHEMICAL, RADIOLOGICAL OR  MICROBIOLOGICAL  SUBSTANCE
IN WATER.
  S 350-K. BOTTLED  WATER SOLD IN STATE TO BE LABELED. 1. IN ADDITION TO
ANY REQUIREMENTS IMPOSED UNDER SECTION TWO HUNDRED  TWENTY-FIVE  OF  THE
PUBLIC  HEALTH  LAW  AND  ANY  REGULATIONS  PROMULGATED PURSUANT TO SUCH
SECTION, ON OR AFTER JANUARY FIRST, TWO  THOUSAND  THIRTEEN,  NO  PERSON
SHALL SELL AT RETAIL OR WHOLESALE, OFFER FOR SALE AT RETAIL OR WHOLESALE
OR  DELIVER  BOTTLED  WATER  FOR  HUMAN CONSUMPTION, FOOD PREPARATION OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00802-01-1
              

A. 8436                             2

CULINARY PURPOSES IN THIS STATE IN  A  BEVERAGE  CONTAINER  UNLESS  SUCH
CONTAINER  INCLUDES  ON  ITS LABEL, OR ON AN ADDITIONAL LABEL AFFIXED TO
THE BOTTLE, OR ON A PACKAGE INSERT OR ATTACHMENT, ALL THE  FOLLOWING  IN
LEGIBLE TYPE:
  A. THE NAME AND CONTACT INFORMATION FOR THE BOTTLER OR BRAND OWNER;
  B.  THE  SOURCE  OF  THE  BOTTLED WATER, IN COMPLIANCE WITH APPLICABLE
STATE AND FEDERAL REGULATIONS; AND
  C. A CLEAR AND CONSPICUOUS STATEMENT THAT INFORMS CONSUMERS ABOUT  HOW
TO  ACCESS  WATER  QUALITY  INFORMATION  CONTAINED  IN THE BOTTLED WATER
REPORT REQUIRED BY SECTION THREE HUNDRED FIFTY-L OF THIS ARTICLE.
  2. THE STATEMENT REQUIRED BY PARAGRAPH C OF SUBDIVISION  ONE  OF  THIS
SECTION  SHALL  INFORM  CUSTOMERS ABOUT METHODS OF GAINING ACCESS TO THE
FULL BOTTLED WATER REPORT AND INCLUDE A TELEPHONE NUMBER, WHERE INFORMA-
TION CAN BE REQUESTED FROM THE BOTTLED WATER COMPANY AND ONE OTHER MEANS
OF CONTACT FOR THE BOTTLED WATER COMPANY, INCLUDING, BUT NOT LIMITED TO,
A MAILING ADDRESS, ELECTRONIC MAIL ADDRESS, OR THE BOTTLED WATER  COMPA-
NY'S  INTERNET  WEB SITE. THE FOLLOWING STATEMENT MAY BE USED TO FULFILL
THE REQUIREMENTS OF THIS PARAGRAPH:
  "FOR MORE INFORMATION AND TO OBTAIN  ADDITIONAL  CONSUMER  INFORMATION
RELATING  TO  WATER  QUALITY,  INCLUDING A BOTTLED WATER REPORT, CONTACT
(NAME OF BOTTLED WATER COMPANY) AT (TELEPHONE NUMBER OR TOLL-FREE  TELE-
PHONE  NUMBER)  AND  (AT  LEAST ONE OF THE FOLLOWING:   MAILING ADDRESS,
E-MAIL ADDRESS, OR THE BOTTLED WATER COMPANY'S INTERNET WEB SITE)."
  S 350-L. BOTTLED WATER REPORT. 1. ON OR AFTER JANUARY FIRST, TWO THOU-
SAND THIRTEEN, AS A CONDITION OF CERTIFICATION BY THE DEPARTMENT  PURSU-
ANT  TO SECTION TWO HUNDRED TWENTY-FIVE OF THE PUBLIC HEALTH LAW, PURVE-
YORS OF BOTTLED WATER SHALL ANNUALLY PREPARE A BOTTLED WATER REPORT  AND
SHALL, UPON REQUEST, MAKE SUCH REPORT AVAILABLE TO CONSUMERS. SUCH ANNU-
AL REPORT SHALL BE PREPARED IN ENGLISH AND SPANISH.
  2.  FOR  PURPOSES  OF  COMPLYING WITH THIS SECTION, WHEN BOTTLED WATER
COMES FROM A MUNICIPAL SOURCE, THE RELEVANT INFORMATION FROM THE  ANNUAL
WATER SUPPLY STATEMENT PREPARED FOR THAT YEAR BY THE PUBLIC WATER SYSTEM
PURSUANT TO SECTION ELEVEN HUNDRED FIFTY-ONE OR ELEVEN HUNDRED FIFTY-TWO
OF THE PUBLIC HEALTH LAW, MAY BE USED.
  3.  THE  BOTTLED  WATER  REPORT  SHALL  INCLUDE SUCH INFORMATION AS IS
REQUIRED IN THIS SECTION AS WELL AS ANY ADDITIONAL INFORMATION  REQUIRED
BY  THE  COMMISSIONER.    ADDITIONALLY,  THE  STATEMENT  SHALL PROVIDE A
SECTION WHICH EXPLAINS, IN PLAIN LANGUAGE, THE INFORMATION  REQUIRED  IN
THE  STATEMENT,  INCLUDING  BRIEF  AND PLAINLY WORDED DEFINITIONS OF ANY
TERMS THE COMMISSIONER DETERMINES TO BE APPROPRIATE FOR CARRYING OUT THE
PURPOSES OF THIS ARTICLE.   THE DEPARTMENT MAY PREPARE  OR  PRESCRIBE  A
FORMAT OR MODEL UPON WHICH ALL SUCH REPORTS SHALL BE PRODUCED. THE ANNU-
AL  BOTTLED  WATER  REPORT  SHALL  INCLUDE,  BUT  NOT BE LIMITED TO, THE
FOLLOWING ITEMS OF INFORMATION:
  A. A BRIEF DESCRIPTION OF THE SOURCE OR SOURCES OF THE WATER  AND  THE
GENERAL  QUALITATIVE  AND  QUANTITATIVE  CONDITION  OF THE WATER SOURCE,
CONSISTENT WITH APPLICABLE STATE AND FEDERAL REGULATIONS;
  B. THE ANALYTICAL TESTING RESULTS FOR THOSE CONSTITUENTS  REQUIRED  TO
BE  TESTED FOR UNDER PART FIVE OF THE STATE SANITARY CODE OR AS REQUIRED
BY APPROPRIATE LOCAL HEALTH UNITS, EXCEPT FOR  MICROBIOLOGICAL  RESULTS,
FOR  EACH  SOURCE  OF  WATER.  WHERE  MORE THAN ONE ANALYSIS PER YEAR IS
CONDUCTED ON A SPECIFIC CONSTITUENT, THE  BOTTLED  WATER  COMPANY  SHALL
LIST  THE  RANGE  OF RESULTS FROM HIGHEST TO LOWEST DURING THE REPORTING
PERIOD. THE APPLICABLE STATE GUIDELINE, STANDARD, OR MAXIMUM CONTAMINANT
LEVEL FOR EACH CONSTITUENT PRESENT SHALL  BE  LISTED  AND  ANY  INSTANCE
WHERE  A  STATE  GUIDELINE,  STANDARD,  OR  MAXIMUM CONTAMINANT LEVEL IS

A. 8436                             3

VIOLATED SHALL BE NOTED. FOR MICROBIOLOGICAL  ANALYSES  AS  REQUIRED  BY
PART  FIVE  OF  THE STATE SANITARY CODE, THE BOTTLED WATER COMPANY SHALL
INDICATE ANY INSTANCE  WHERE  THE  WATER  SUPPLY  VIOLATED  THE  MAXIMUM
CONTAMINANT  LEVEL.  THE  DATE OR DATES OF VIOLATION, THE LOCATION WHERE
THE VIOLATION OCCURRED, AND THE RESPONSE OF THE  BOTTLED  WATER  COMPANY
SHALL BE LISTED;
  C.  A  BRIEF  DESCRIPTION  OF  THE  TYPES  OF TREATMENT THAT THE WATER
RECEIVES BEFORE BEING BOTTLED;
  D. A STATEMENT INDICATING WHETHER THE WATER CONTAINS FLUORIDE. IF  THE
WATER CONTAINS FLUORIDE SUCH STATEMENT SHALL INDICATE THE AVERAGE AMOUNT
PRESENT IN A BOTTLE;
  E. A DESCRIPTION OF THE RISKS ASSOCIATED WITH EXPOSURE TO CRYPTOSPORI-
DIUM  PARVUM OR GIARDIA LAMBLIA FOR SPECIFIC AT-RISK POPULATIONS AND THE
GENERAL PUBLIC AND MEASURES THAT AT-RISK POPULATIONS CAN TAKE TO PROTECT
THEMSELVES ACCORDING TO  RECOMMENDATIONS  BY  THE  DEPARTMENT  OR  OTHER
GOVERNMENTAL  PUBLIC  HEALTH OR ENVIRONMENTAL AGENCIES. IN ADDITION, FOR
WATER WORKS CORPORATIONS THAT TEST FOR CRYPTOSPORIDIUM PARVUM OR GIARDIA
LAMBLIA, A SUMMARY OF THE FOLLOWING: SAMPLING SITES; NUMBER OF TESTS PER
YEAR; TESTING RESULTS AND ACTIONS TAKEN IN RESPONSE  TO  THOSE  RESULTS.
THE  COMMISSIONER  MAY  ADD  SUCH  ADDITIONAL  REQUIREMENTS AS HE OR SHE
DETERMINES TO BE APPROPRIATE;
  F. A REFERENCE TO THE  UNITED  STATES  FOOD  AND  DRUG  ADMINISTRATION
INTERNET WEB SITE THAT PROVIDES PRODUCT RECALL INFORMATION;
  G.  THE  BOTTLED  WATER  COMPANY'S  ADDRESS  AND TELEPHONE NUMBER THAT
ENABLES CUSTOMERS TO OBTAIN FURTHER INFORMATION CONCERNING  CONTAMINANTS
AND POTENTIAL HEALTH EFFECTS;
  H.  INFORMATION  ON  THE LEVELS OF UNREGULATED SUBSTANCES, IF ANY, FOR
WHICH PURVEYORS OF BOTTLED WATER ARE REQUIRED  TO  MONITOR  PURSUANT  TO
STATE OR FEDERAL LAW OR REGULATION; AND
  I. A FULL DISCLOSURE OF ANY EXEMPTION OR VARIANCE THAT HAS BEEN GRANT-
ED TO THE BOTTLER BY THE DEPARTMENT, INCLUDING AN EXPLANATION OF REASONS
FOR  EACH  EXEMPTION  OR VARIANCE AND THE DATE OF THE EXEMPTION OR VARI-
ANCE.
  S 350-M. RULES AND REGULATIONS. THE COMMISSIONER IS HEREBY  AUTHORIZED
AND  DIRECTED  TO  PROMULGATE  SUCH  RULES AND REGULATIONS NECESSARY AND
PROPER TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
  S 350-N. ENFORCEMENT BY ATTORNEY GENERAL. WHENEVER THERE  SHALL  BE  A
VIOLATION  OF  THIS  ARTICLE,  APPLICATION  MAY  BE MADE BY THE ATTORNEY
GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR
JUSTICE HAVING JURISDICTION BY A SPECIAL PROCEEDING TO ISSUE AN  INJUNC-
TION,  AND  UPON  NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO
ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATION; AND IF  IT  SHALL
APPEAR  TO  THE  SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT
HAS, IN FACT, VIOLATED THIS ARTICLE, AN INJUNCTION MAY BE ISSUED BY SUCH
COURT OR JUSTICE, ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITH-
OUT REQUIRING PROOF THAT ANY  PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR
DAMAGED  THEREBY.  IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE
ATTORNEY GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF
THE RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH  THE  CIVIL
PRACTICE  LAW  AND  RULES.  WHENEVER  THE  COURT  SHALL DETERMINE THAT A
VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT  MAY  IMPOSE  A  CIVIL
PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR A SINGLE VIOLATION AND
NOT  MORE  THAN  ONE  HUNDRED  THOUSAND  DOLLARS FOR MULTIPLE VIOLATIONS
RESULTING FROM A SINGLE ACT OR INCIDENT. THE SECOND  VIOLATION  AND  ANY
VIOLATION COMMITTED THEREAFTER SHALL BE PUNISHABLE BY A CIVIL PENALTY OF
NOT  MORE THAN FIVE THOUSAND DOLLARS FOR A SINGLE VIOLATION AND NOT MORE

A. 8436                             4

THAN TWO HUNDRED FIFTY THOUSAND DOLLARS FOR MULTIPLE VIOLATIONS  RESULT-
ING FROM A SINGLE ACT OR INCIDENT. NO PERSON, FIRM, PARTNERSHIP, ASSOCI-
ATION  OR CORPORATION SHALL BE DEEMED TO HAVE VIOLATED THE PROVISIONS OF
THIS  ARTICLE  IF  SUCH PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPO-
RATION SHOWS, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE VIOLATION WAS
NOT INTENTIONAL AND RESULTED FROM A BONA FIDE ERROR MADE NOTWITHSTANDING
THE MAINTENANCE OF PROCEDURES REASONABLY ADOPTED TO AVOID SUCH ERROR.
  S  2. For the purposes of informing and educating persons  engaged  in
the sale, offering for sale or delivery of bottled water, the department
of  health  is authorized to issue warnings for the violation of article
22-C of the general business law, as added by section one of  this  act,
during the period commencing January 1, 2013 and ending May 1, 2013.
  S 3. This act shall take effect immediately.