SB 2304

This bill prohibits the owner or operator of a public water system from adding fluoride or a fluoride-containing compound to drinking water that is intended for human consumption and delivered to consumers . This bill removes the present law requirement that a public water system notify consumers 30 days prior to initiating or permanently ceasing fluoridation of the water supply. This bill revises the present law requirements for water systems to conduct monthly tests for fluoride levels so that such requirement will only apply to testing for naturally occurring fluoride. Under present law, violations of the Tennessee Safe Drinking Water Act of 1983 are generally subject to a civil penalty of not less than $50.00 nor more than $5,000 per day of violation. In cases involving fluoride-related violations, this bill increase s the minimum civil penalty to $1,000. This bill prohibits the sale of bottled water containing added fluoride within Tennessee . This bill requires that b ottled water containing naturally occurring fluoride that is sold in Tennessee m ust be clearly labeled with the fluoride concentration. If the concentration level of naturally occurring fluoride in bottled water 0.7 of a milligram per liter, the bottle must be clearly labeled with the following warning: WARNING: This product contains fluoride at levels exceeding the recommended limit for optimal health. This bill requires an agen t of the commissioner of agriculture who has probable cause to believe that bottled water is being sold with added fluoride or in violation of this bill's bottling labeling requirement to mark the article as "detained"" or ""embargoed"" and petition a judge for an order of condemnation . A violation of this bill involving bottled water i s punishable by a civil penalty of $500 for each bottle of water that is sold in violation of this bill . This bill requires the commissioner to establish a process by which violations of this bill involving bottled water may be reported. This bill authorizes t he attorney general and reporter to bring an action against a person who violates th e provisions of this bill concerning bottled water to enjoin further violations and to recover a civil penalty of $500 per violation. The prevailing party in such an action is ent itled to reasonable attorney's fees, court costs, and expenses, but court costs must not be taxed against the attorney general and reporter or this state in such actions. This bill requires the department of agriculture to promulgate rules to effectuate th e provisions of this bill concerning bottled water ."