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131st MAINE LEGISLATURE
FIRST REGULAR SESSION-2023
Legislative Document No. 1248H.P. 796House of Representatives, March 21, 2023
An Act to Ensure the Quality of Bottled Water
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative GRAMLICH of Old Orchard Beach.
Cosponsored by Senators: BRENNER of Cumberland, CHIPMAN of Cumberland,
Senator BENNETT of Oxford and
Representatives: FAY of Raymond, JAUCH of Topsham, KESSLER of South Portland,
MATHIESON of Kittery, O'NEIL of Saco, PLUECKER of Warren, SAYRE of Kennebunk,
Senator: GROHOSKI of Hancock. Page 1 - 131LR1743(01)
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2 is enacted to read:
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6 As used in this subchapter, unless the context otherwise indicates, the following terms
7 have the following meanings.
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9 bottled water.
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11 in section 2660-B, subsection 2.
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13 polyfluoroalkyl substances" or "PFAS" means a perfluoroalkyl substance or
14 polyfluoroalkyl substance that is detectable in drinking water using standard laboratory
15 methods established by the United States Environmental Protection Agency, including
16 regulated PFAS contaminants.
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18 perfluorooctanoic acid, perfluorooctane sulfonic acid, perfluorohexane sulfonic acid,
19 perfluorononanoic acid and perfluoroheptanoic acid.
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21 A bottler shall comply with the provisions of this section.
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23 community water system detectable using standard laboratory methods established by the
24 United States Environmental Protection Agency in effect at the time of sampling. A bottler
25 shall conduct testing under this subsection for all regulated PFAS contaminants and
26 additional PFAS included in the list of analytes in the standard laboratory methods
27 established by the United States Environmental Protection Agency applicable to
28 community water systems in effect at the time of sampling.
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30 the department in the same manner as a community water system is required to report under
31 department rule.
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33 a regulated PFAS contaminant in an amount that exceeds the standard applicable to a
34 community water system, either under a standard set by this State or a federal standard,
35 whichever requires a lower level of the contaminant.
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37 on the label of bottled water:
38 A. The source of the water in the bottle; Page 2 - 131LR1743(01)
1 B. The date the water was tested for PFAS contaminants; and
2 C. The level of PFAS contaminants present in the water or a statement that the water
3 is free from PFAS contaminants, as applicable.
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5 same manner as for a violation of subchapter 2. A bottler or a person who sells bottled
6 water may appeal the acts or decisions of the department under this section in the same
7 manner as described in subchapter 2-A.
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9 under this subsection are routine technical rules as defined in Title 5, chapter 375,
10 subchapter 2-A.
11 The Department of Health and Human Services shall adopt rules as
12 required by the Maine Revised Statutes, Title 22, section 2660-BB not later than 30 days
13 after the date of adoption of rules required under Resolve 2021, chapter 82.
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15 in this State to be sold as bottled water is not required to comply with the provisions of the
16 Maine Revised Statutes, Title 22, section 2660-BB until the Department of Health and
17 Human Services has adopted rules as required under Resolve 2021, chapter 82 and Title
18 22, section 2660-BB.
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20 This bill requires persons that extract water in this State to be sold as bottled water to
21 conduct testing for perfluoroalkyl and polyfluoroalkyl substances, or PFAS, in the bottled
22 water. The bill prohibits the sale of bottled water that contains a PFAS contaminant in an
23 amount that exceeds state or federal standards. The bill also imposes reporting requirements
24 on persons that extract water in this State to be sold as bottled water and labeling
25 requirements on bottled water sold in this State.
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