SECTIONS 116825-116865 - California Statutes

HEALTH AND SAFETY CODE

SECTION 116825-116865

116825. Unless the context otherwise requires, the following
definitions shall govern construction of this article:
(a) "Water treatment device" means any point of use or point of
entry instrument or contrivance sold or offered for rental or lease
for residential use, and designed to be added to the plumbing system,
or used without being connected to the plumbing of a water supply
intended for human consumption in order to improve the water supply
by any means, including, but not limited to, filtration,
distillation, adsorption, ion exchange, reverse osmosis, or other
treatment. "Water treatment device" does not include any device that
is regulated pursuant to Article 12 (commencing with Section 111070)
of Chapter 5 of Part 5.
(b) "Department" means the Department of Health Services.
(c) "Person" means any individual, firm, corporation, or
association, or any employee or agent thereof.
(d) "Contaminants" means any health-related physical, chemical,
biological, or radiological substance or matter in water.

116830. (a) The department shall adopt regulations setting forth
the criteria and procedures for certification of water treatment
devices that are claimed to affect the health or safety of drinking
water. The regulations shall include appropriate testing protocols
and procedures to determine the performance of water treatment
devices in reducing specific contaminants from public or private
domestic water supplies. The regulations may adopt, by reference, the
testing procedures and standards of one or more independent testing
organizations if the department determines that the procedures and
standards are adequate to meet the requirements of this section. The
regulations may specify any testing organization that the department
has designated to conduct the testing of water treatment devices.
(b) The regulations required by subdivision (a) shall include
minimum standards for the following:
(1) Performance requirements.
(2) Types of tests to be performed.
(3) Types of allowable materials.
(4) Design and construction.
(5) Instruction and information requirements, including
operational, maintenance, replacement, and estimated cost of these
items.
(6) Any additional requirements, not inconsistent with this
article, as may be necessary to carry out this article.
(c) The department or any testing organization designated by the
department pursuant to this section may agree to evaluate test data
on a water treatment device offered by the manufacturer of the water
treatment device, in lieu of the requirements of this section, if the
department or the testing organization determines that the testing
procedures and standards used to develop the data are adequate to
meet the requirements of this section.

116835. (a) No water treatment device that makes product
performance claims or product benefit claims that the device affects
health or the safety of drinking water, shall be sold or otherwise
distributed that has not been certified by the department or by
another entity in accordance with subdivision (b). Water treatment
devices not offered for sale or distribution based on claims of
improvement in the healthfulness of drinking water need not be
certified pursuant to this section.
(b) The department may accept a water treatment device
certification issued by an agency of another state, by an independent
testing organization, or by the federal government in lieu of its
own, if the department determines that certification program meets
the requirements of this article.
(c) A water treatment device initially installed prior to the
operative date of this section shall not require certification
pursuant to Section 116830.
(d) Subdivisions (a), (b), and (c) shall become operative one year
after the effective date of the regulations adopted pursuant to
Section 116830. Regulations adopted pursuant to that section shall be
transmitted to the Legislature upon adoption.

116840. (a) The department, or any local health officer with the
concurrence of the department, shall enforce this article.
(b) The department may suspend, revoke, or deny a certificate upon
its determination of either of the following:
(1) That the water treatment device does not perform in accordance
with the claims made under the standard.
(2) That the manufacturer, or any employee or agent thereof, has
violated this article, any regulation adopted pursuant to this
article, or Chapter 1 (commencing with Section 17500) of Part 3 of
Division 7 of the Business and Professions Code.
(c) Any person, corporation, firm, partnership, joint stock
company, or any other association or organization that violates any
provision of this article shall be liable for a civil penalty not to
exceed five thousand dollars ($5,000) for each violation. Where the
conduct constituting a violation is of a continuing nature, each day
of the conduct is a separate and distinct violation. The civil
penalty shall be assessed and recovered in a civil action brought in
the name of the people of the State of California by the Attorney
General, or by any district attorney, county counsel, or city
attorney in any court of competent jurisdiction.
(d) If the action is brought by the Attorney General, one-half of
the penalty collected shall be paid to the treasurer of the county in
which the judgment was entered, and one-half to the State Treasurer.
If brought by a district attorney or county counsel, the entire
amount of penalties collected shall be paid to the treasurer of the
county in which the judgment was entered. If brought by a city
attorney or city prosecutor, one-half of the penalty shall be paid to
the treasurer of the county and one-half to the city.
(e) Unless otherwise provided, the remedies or penalties provided
by this article are cumulative to each other and to remedies or
penalties available under all other laws of this state.

116845. The department shall publish a list of water treatment
devices certified under this article, including the specific standard
under which the device is certified.

116850. The department shall charge and collect a fee for each
certificate applied for which shall be an amount reasonably necessary
to produce sufficient revenue to effectively implement this article.

116855. In developing regulations pursuant to this article, the
department shall seek the consultation of representatives from the
industry regulated under the article, from drinking water purveyors,
and from persons with expertise and experience in promoting public
health.

116860. There is in the State Treasury the Water Device
Certification Special Account. Fees collected pursuant to Section
116850 shall be deposited in the account created by this section.

116865. The Director of Finance may authorize the department to
borrow up to two hundred thousand dollars ($200,000) for the purpose
of implementing this article from any fund or account deemed
appropriate by the Director of Finance. The department shall repay
the loan with interest to be determined in accordance with Section
16314 of the Government Code.