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STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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H.P. 796 - L.D. 1248
An Act to Ensure the Quality of Bottled Water
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA c. 601, sub-c. 9 is enacted to read:
SUBCHAPTER 9
BOTTLED WATER
§2660-AA. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Bottler.
bottled water.
2. Community water system.
in section 2660-B, subsection 2.
3. Perfluoroalkyl and polyfluoroalkyl substances or PFAS.
polyfluoroalkyl substances" or "PFAS" means a perfluoroalkyl substance or
polyfluoroalkyl substance that is detectable in drinking water using standard laboratory
methods established by the United States Environmental Protection Agency, including
regulated PFAS contaminants.
4. Regulated PFAS contaminants.
perfluorooctanoic acid, perfluorooctane sulfonic acid, perfluorohexane sulfonic acid,
perfluorononanoic acid, perfluoroheptanoic acid and perfluorodecanoic acid.
§2660-BB. Bottled water testing, reporting and sale requirements
A bottler shall comply with the provisions of this section.
1. Initial testing.
applicable to a community water system detectable using standard laboratory methods
established by the United States Environmental Protection Agency in effect at the time of
APPROVED
JUNE 26, 2023
BY GOVERNOR
CHAPTER
330
PUBLIC LAW Page 2 - 131LR1743(05)
sampling. A bottler shall conduct testing under this subsection for all regulated PFAS
contaminants and additional PFAS included in the list of analytes in the standard laboratory
methods established by the United States Environmental Protection Agency applicable to
community water systems in effect at the time of sampling.
2. Subsequent monitoring.
subsection 1, a bottler shall conduct continued monitoring for the presence of regulated
PFAS contaminants in water bottled by the bottler according to this subsection.
A. If initial testing under subsection 1 or testing under this paragraph detects the
presence of any regulated PFAS contaminants individually or in combination at or
above the standard applicable to a community water system, the bottler shall conduct
continued quarterly testing until regulated PFAS contaminants are mitigated to the
standard applicable to a community water system.
B. If initial testing under subsection 1 detects the presence of any regulated PFAS
contaminants at or above each analyte's lowest concentration minimum reporting level
as specified in the standard laboratory methods established by the United States
Environmental Protection Agency applicable to community water systems in effect at
the time of sampling, either individually or in combination with other detected
regulated PFAS contaminants, the bottler shall conduct continued testing annually.
3. Reporting. A bottler shall:
A. Report the results of testing required by this section to the department in the same
manner as a community water system is required to report under department rule; and
B. Post the results of testing required by this section on a publicly accessible website.
The posted information must include the source of the water tested, the date the water
was tested and the level of regulated PFAS contaminants present in the water or a
statement that the water is free from regulated PFAS contaminants.
4. Sale of bottled water.
a regulated PFAS contaminant in an amount that exceeds the standard applicable to a
community water system, either under a standard set by this State or a federal standard,
whichever requires a lower level of the contaminant.
5. Enforcement.
same manner as for a violation of subchapter 2. A bottler may appeal the acts or decisions
of the department under this section in the same manner as described in subchapter 2-A.
6. Department website.
required by subsection 2 on a publicly accessible website.
7. Rules.
under this subsection are routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A.
Sec. 2. The Department of Health and Human Services shall adopt rules as
required by the Maine Revised Statutes, Title 22, section 2660-BB not later than 30 days
after the date of adoption of rules required under Resolve 2021, chapter 82.
Sec. 3.
in this State to be sold as bottled water is not required to comply with the provisions of the
Maine Revised Statutes, Title 22, section 2660-BB until the Department of Health and Page 3 - 131LR1743(05)
Human Services has adopted rules as required under Resolve 2021, chapter 82 and Title
22, section 2660-BB.