71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3108
 
                         Senate Bill 744
 
Sponsored by COMMITTEE ON GENERAL GOVERNMENT AND TRANSPORTATION
  (at the request of Oregon Citizens for Safe Drinking Water)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits adding substances containing fluorine to water
systems under certain circumstances. Prohibits adding other
substances to water systems unless substance improves potability
or has been tested and approved as safe and effective by federal
Food and Drug Administration. Requires water suppliers conducting
program of fluoridation to comply with certain testing
procedures.
 
                        A BILL FOR AN ACT
Relating to fluoride; creating new provisions; and amending ORS
  448.265.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 448.265 is amended to read:
  448.265. (1)   { - It shall be unlawful for any person to - }
 { + A person may not + } do any of the following if the result
would be to pollute a source of a water system or to destroy or
endanger a water system:
  (a) Establish or maintain any slaughter pen, stock-feeding
yards or hogpens.
  (b) Deposit or maintain any   { - uncleanly - }
 { + unclean + } or unwholesome substance.
   { +  (2) A person may not add a substance containing fluorine
to the water in a water system if the substance is classified, or
chemically dissociates into a substance that is classified, by a
state or federal agency as a:
  (a) Pesticide;
  (b) Hazardous waste; or
  (c) Toxic waste.
  (3) A person may not add a substance to the water in a water
system with the specific intent that the substance be for human
consumption or for the purpose of affecting the physical or
mental functions of any person consuming the water, unless the
substance:
  (a) Improves the potability of the water; or
  (b) Has been tested and approved as safe and effective for the
purpose for which it is to be added by the United States Food and
Drug Administration. + }
    { - (2) - }   { + (4) + } Violation of subsection (1)(a) or
(b) of this section is a public nuisance and may be abated as
other nuisances under the laws of this state.
  SECTION 2.  { + Section 3 of this 2001 Act is added to and made
a part of ORS 448.119 to 448.285. + }
  SECTION 3.  { + In conducting a program of fluoridation of
water in a water system, a water supplier shall:
  (1) Use a fluoride compound that, at the optimum concentration
for addition to water, releases its total fluorine component as
free fluoride anions.
  (2) Test the total release of the fluorine component by testing
actual potable water from the water system, sampled after the
injection of all chemicals. Testing shall include the
configuration of chemicals, additives, contaminants and pH
balance. The water supplier shall determine the total release of
the fluorine component by analysis without the use of
supplemental agents or methods to influence the release of
fluoride from the fluoride compound in which it may be chemically
bound.
  (3) Test for all compounds that are formed in the water after
the injection of the fluoride compound. The water supplier shall
determine the fluorine component to be not totally released if it
finds:
  (a) A residual fraction of the undissociated fluoride compound;
  (b) A partially dissociated residue of the fluoride compound;
or
  (c) A product of a reaction of the fluoride compound or its
dissociation products with some other substance, whether
naturally occurring or added, such that the product does not meet
a standard for human exposure set by state or federal
regulations.
  (4) Use, for the testing under this section, an independent,
certified laboratory capable of providing detection of the
fluoride compound, its byproducts or its dissociative products at
the level of parts per billion.
  (5) Charge the person supplying the fluoride compound to the
water supplier for the costs associated with the testing required
under this section. + }
                         ----------