S‑0473.2   _____________________________________________

SENATE BILL 5968

           _____________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators McCaslin and Swecker

Read first time 02/12/2001.  Referred to Committee on Health & Long‑Term Care.

_1      AN ACT Relating to the fluoridation of public water systems;

_2  and adding new sections to chapter 70.119A RCW.

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

_4      NEW SECTION. Sec. 1.  A new section is added to chapter 70.119A

_5  RCW to read as follows:

_6      Public water systems must comply with all of the following

_7  requirements in conducting fluoridation of a public water supply:

_8      (1) Fluoridation is limited to the use of fluorine‑bearing

_9  chemicals that, at the optimum concentration for addition to the

10  public water supply, release the total fluorine component as free

11  fluoride anion.

12      (2) For the purposes of this section, the total release of the

13  fluorine component must be determined by testing actual potable

14  water, including the configuration of chemicals, additives,

15  contaminants, and pH balance with first stage and second stage

16  disinfectants, rather than with distilled water, produced

17  following injection of the fluorine‑bearing chemical.  The

18  determination of total release must be by analysis without the use

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_1  of supplemental agents or methods employed to influence the

_2  release of fluoride from any fluorine‑bearing chemical in which it

_3  still may be chemically bound, following procedures for the normal

_4  administration of the chemical in a fluoridation program.

_5      (3) The testing of actual potable water for the purposes of

_6  this section must identify all compounds that are formed in the

_7  resulting water.  The injected fluorine‑bearing chemical must be

_8  determined not to qualify as totally released as required if the

_9  analysis finds:  (a) A residual fraction of the injected

10  fluorine‑bearing chemical; (b) a partially dissociated residue of

11  the injected fluorine‑bearing chemical; or (c) a product of a

12  reaction of the injected fluorine‑bearing chemical or its

13  dissociation products with some other substance in the water,

14  whether naturally occurring or added, that does not meet all

15  acceptable standards for human exposure according to state and

16  federal standards.

17      (4) The analysis of the fluorine‑bearing chemical must be

18  performed by an independent certified laboratory capable of

19  providing detection for the fluorine‑bearing species and any

20  product of a reaction of the fluorine‑bearing chemical or its

21  dissociation products at parts per billion.

22      (5) The costs of the analysis may not be borne by the public

23  water system.  An entity or person that distributes the

24  fluorine‑bearing chemical to a public water system is responsible

25  for ensuring that an analysis of the fluorine‑bearing chemical has

26  been performed in accordance with this section.

27      (6) No fluorine‑containing substance that meets any one of the

28  following criteria may be added to the public water supply:

29      (a) The substance is classified as a pesticide by a state or

30  federal agency;

31      (b) The substance is classified as a hazardous or toxic waste

32  by a state or federal authority; or

33      (c) The substance could be classified as a hazardous or toxic

34  waste under criteria specified in 40 C.F.R. Sec. 261.20 through

35  261.24 (1980).

36      (7) No substance that is derived from a substance specified in

37  subsection (6) of this section may be added to the public water

38  supply.

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_1     NEW SECTION. Sec. 2.  A new section is added to chapter 70.119A

_2  RCW to read as follows:

_3      A product, substance, device, element, medicine, or preventive

_4  agent may not be added to any public water supply for the specific

_5  intent of human consumption or for the purpose of affecting the

_6  physical or mental functions of the body of any person consuming

_7  the water, rather than for the purpose of making water more

_8  potable, unless it has been tested and approved as safe and

_9  effective for the purpose for which it is to be added by the

10  United States food and drug administration.

11      NEW SECTION. Sec. 3.  If any provision of this act or its

12  application to any person or circumstance is held invalid, the

13  remainder of the act or the application of the provision to other

14  persons or circumstances is not affected.

‑‑‑ END ‑‑‑

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