21 U.S.C. § 349 : US Code - Section 349: Bottled drinking water standards; publication in Federal Register

Search 21 U.S.C. § 349 : US Code - Section 349: Bottled drinking water standards; publication in Federal Register

(a) Except as provided in subsection (b) of this section,
whenever the Administrator of the Environmental Protection Agency
prescribes interim or revised national primary drinking water
regulations under section 1412 of the Public Health Service Act [42
U.S.C. 300g-1], the Secretary shall consult with the Administrator
and within 180 days after the promulgation of such drinking water
regulations either promulgate amendments to regulations under this
chapter applicable to bottled drinking water or publish in the
Federal Register his reasons for not making such amendments.
(b)(1) Not later than 180 days before the effective date of a
national primary drinking water regulation promulgated by the
Administrator of the Environmental Protection Agency for a
contaminant under section 1412 of the Safe Drinking Water Act (42
U.S.C. 300g-1), the Secretary shall promulgate a standard of
quality regulation under this subsection for that contaminant in
bottled water or make a finding that such a regulation is not
necessary to protect the public health because the contaminant is
contained in water in public water systems (as defined under
section 1401(4) of such Act (42 U.S.C. 300f(4))) but not in water
used for bottled drinking water. The effective date for any such
standard of quality regulation shall be the same as the effective
date for such national primary drinking water regulation, except
for any standard of quality of regulation promulgated by the
Secretary before August 6, 1996, for which (as of August 6, 1996)
an effective date had not been established. In the case of a
standard of quality regulation to which such exception applies, the
Secretary shall promulgate monitoring requirements for the
contaminants covered by the regulation not later than 2 years after
August 6, 1996.
(2) A regulation issued by the Secretary as provided in this
subsection shall include any monitoring requirements that the
Secretary determines appropriate for bottled water.
(3) A regulation issued by the Secretary as provided in this
subsection shall require the following:
(A) In the case of contaminants for which a maximum contaminant
level is established in a national primary drinking water
regulation under section 1412 of the Safe Drinking Water Act (42
U.S.C. 300g-1), the regulation under this subsection shall
establish a maximum contaminant level for the contaminant in
bottled water which is no less stringent than the maximum
contaminant level provided in the national primary drinking water
regulation.
(B) In the case of contaminants for which a treatment technique
is established in a national primary drinking water regulation
under section 1412 of the Safe Drinking Water Act (42 U.S.C. 300g-
1), the regulation under this subsection shall require that
bottled water be subject to requirements no less protective of
the public health than those applicable to water provided by
public water systems using the treatment technique required by
the national primary drinking water regulation.
(4)(A) If the Secretary does not promulgate a regulation under
this subsection within the period described in paragraph (1), the
national primary drinking water regulation referred to in paragraph
(1) shall be considered, as of the date on which the Secretary is
required to establish a regulation under paragraph (1), as the
regulation applicable under this subsection to bottled water.
(B) In the case of a national primary drinking water regulation
that pursuant to subparagraph (A) is considered to be a standard of
quality regulation, the Secretary shall, not later than the
applicable date referred to in such subparagraph, publish in the
Federal Register a notice -
(i) specifying the contents of such regulation, including
monitoring requirements; and
(ii) providing that for purposes of this paragraph the
effective date for such regulation is the same as the effective
date for the regulation for purposes of the Safe Drinking Water
Act [42 U.S.C. 300f et seq.] (or, if the exception under
paragraph (1) applies to the regulation, that the effective date
for the regulation is not later than 2 years and 180 days after
August 6, 1996).