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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 638
BY SENATOR CLAITOR
WATER QUALITY. Provides for the water fluoridation program. (2/3-CA7s 2.1(A)) (gov
sig)
AN ACT1
To amend and reenact R.S. 40:5.11(G), and to enact R.S. 40:5.11(H), relative to the water2
fluoridation program; to provide notice to consumers of water originating from3
public water systems under certain circumstances; to prohibit the use of certain4
chemicals within certain fluoridated water systems; to provide for penalties; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 40:5.11(G) is hereby amended and reenacted, and R.S. 40:5.11(H)8
is hereby enacted to read as follows: 9
ยง5.11. Water fluoridation program; Fluoridation Advisory Board10
* * *11
G. The office of public health, through the department, shall promulgate rules12
and regulations in accordance with the Administrative Procedure Act relating to the13
fluoridation of public water systems, including but not limited to the following:14
(1) maintaining Maintaining levels of fluoride in public water systems15
within the optimal range for the purpose of protecting the oral health of the citizens16
of this state.17 SB NO. 638
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(2) Providing notice to consumers of water originating from a public1
water system that is not fluoridated, as of the effective date of this Paragraph,2
at least sixty days prior to introduction of any chemical designed to achieve3
fluoridation into the water system. The notice shall be by way of either an4
insert contained in the billing statement or by separate mail, and include the5
following information:6
(a) The approximate dates the fluoridation process will begin and end.7
(b) The type, scientific name, and common name of the chemicals used8
in the fluoridation process, as well as the name of all of the countries where the9
chemicals were processed, manufactured, packaged, or otherwise manipulated.10
H.(1) Notwithstanding any law, administrative rule, or contract to the11
contrary, the legislature deems it a public health hazard to inject, mix, or12
otherwise use any chemical or chemical compound in which any chemical13
process, manufacturing, packaging, or any other type of manipulation took14
place within the Peoples Republic of China. Therefore, in the interest of public15
safety, the legislature prohibits any public water system subject to this Section16
from injecting, mixing, or otherwise using any chemical or chemical compound17
in which any chemical process, manufacturing, packaging, or any other type of18
manipulation took place within the Peoples Republic of China.19
(2) Any public water system subject to this Section that knowingly20
violates Paragraph (1) of this Subsection shall be subject to a civil fine assessed21
by the board of up to one thousand dollars per day, until such violation is22
remedied.23
Section 2. This Act shall become effective upon signature by the governor or, if not24
signed by the governor, upon expiration of the time for bills to become law without signature25
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If26
vetoed by the governor and subsequently approved by the legislature, this Act shall become27
effective on the day following such approval.28 SB NO. 638
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alan Miller.
DIGEST
Claitor (SB 638)
Present law requires the office of public health to promulgate rules and regulations in
accordance with the APA relating to the fluoridation of public water systems, including but
not limited to maintaining levels of fluoride in public water systems within the optimal range
for the purpose of protecting the oral health of the citizens of this state.
Proposed law retains present law but requires that additional rules and regulations be
promulgated regarding notice to consumers of water originating from a public water system
that is not currently fluoridated at least 60 days prior to introduction of any chemical or
chemical compound designed to achieve fluoridation.
Proposed law requires that the notice be provided by way of either an insert contained in the
billing statement or by separate mail, and include the following information:
1. The approximate dates the fluoridation process will begin and end.
2. The type, scientific name, and common name of the chemicals used in the
fluoridation process, as well as the name of the country where the chemicals were
processed, manufactured, packaged, or otherwise manipulated.
Proposed law provides that notwithstanding any law, administrative rule, or contract to the
contrary, the legislature deems it a public health hazard to inject, mix, or otherwise use any
chemical or chemical compound in which any chemical process, manufacturing, packaging,
or any other type of manipulation took place within the Peoples Republic of China.
Proposed law provides that, in the interest of public safety, the legislature prohibits any
public water system, subject to the jurisdiction of the Fluoridation Advisory Board, from
injecting, mixing, or otherwise using any chemical or chemical compound in which any
chemical process, manufacturing, packaging, or any other type of manipulation took place
within the Peoples Republic of China.
Proposed law provides that any public water system, subject to the jurisdiction of the
Fluoridation Advisory Board, that knowingly violates proposed law is subject to a civil fine
assessed by the board of up to $1,000 per day, until such violation is remedied.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 40:5.11(G); adds R.S. 40:5.11(H))