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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2010
SENATE BILL NO. 638
BY SENATOR CLAITOR
WATER QUALITY. Provides relative to 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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(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 date the fluoridation process will begin.7
(b) The type, scientific name, and common name of the chemicals used8
in the fluoridation process.9
H.(1) Notwithstanding any law, administrative rule, or contract to the10
contrary, the legislature deems it a public health hazard to inject, mix, or11
otherwise use any chemical or chemical compound in the water fluoridation12
process in which any chemical process, manufacturing, packaging, or any other13
type of manipulation took place within the Peoples Republic of China.14
Therefore, in the interest of public safety, the legislature prohibits any public15
water system subject to this Section, during the water fluoridation process, from16
injecting, mixing, or otherwise using any chemical or chemical compound in17
which any chemical process, manufacturing, packaging, or any other type of18
manipulation took place within the Peoples Republic of China.19
(2) Each public water system subject to the provisions of this Section20
shall file an annual written report with the Department of Health and Hospitals,21
office of public health, listing the countries of origin from which all chemicals22
used to fluoridate its water for the previous twelve months were processed,23
manufactured, packaged, or otherwise manipulated. Such report shall be24
certified as correct by the signature of a duly authorized representative of the25
public water system and shall be received no later than January fifteenth of26
each year. The Department of Health and Hospitals shall promulgate rules and27
regulations in accordance with the Administrative Procedure Act to implement28
the provisions of this Paragraph.29 SB NO. 638
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(3) Any public water system subject to this Section that knowingly1
violates Paragraph (1) of this Subsection shall be subject to a civil fine assessed2
by the board of up to one thousand dollars per day, until such violation is3
remedied.4
Section 2. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
The original instrument was prepared by Alan Miller. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by Jeanne Johnston.
DIGEST
Claitor (SB 638)
Present law requires the office of public health, Department of Health and Hospitals (DHH),
to promulgate rules and regulations in accordance with the APA relative 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 date the fluoridation process will begin.
2. The type, scientific name, and common name of the chemicals used in the
fluoridation process.
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 the water fluoridation process 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, during
the water fluoridation process, 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 requires each public water system subject to the provisions of proposed law 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.
to annually file a written report with the office of public health listing the countries of origin
from which all chemicals used to fluoridate its water for the previous twelve months were
processed, manufactured, packaged, or otherwise manipulated. Further provides that such
report shall be certified as correct by the signature of a duly authorized representative of the
public water system and shall be received no later than January fifteenth of each year.
Requires DHH to promulgate rules and regulations in accordance with the Administrative
Procedure Act to implement these provisions of proposed law.
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))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Requires that public notice to consumers contain beginning date of
fluoridation process only.
2. Deletes requirement that public notice to consumers contain the name of
countries of origin for chemicals used in fluoridation process.
3. Requires public water systems to annually report to DHH listing the
countries of origin for all chemicals used in their water fluoridation process
for the previous 12 months.