Section 160D Analysis of drinking water; disclosure form - Massachusetts Statutes

Section 160D. Any person shall be permitted to test or analyze drinking water for the purpose of selling, leasing, renting or promoting home water treatment devices for the following substances: chlorine, chloride, color, iron, manganese, odor, hardness, hydrogen sulfide, PH, sulfate, TDS, zinc and such other substances as the department may by regulation allow; provided, however, that the test or analysis shall be accompanied by a form provided or approved by the department and given by the seller to the prospective purchaser setting out clearly and accurately the scope, limits, and results of said test or analysis. A civil penalty of not more than five thousand dollars shall be assessed for a failure by the seller to provide prospective purchasers with the required form. The department, in consultation with representatives of consumer groups and the home water treatment device industry shall develop such form or approve such forms as may be submitted to the department. Failure by the department to provide or approve such form shall constitute a waiver of said requirement until such form shall be provided or approved by the department.

Any person may deliver to an independent laboratory, certified by the department to test for drinking water supply parameters, a sample of water collected and sealed in a manner approved by the department for the purpose of having said water tested or analyzed. Results of such testing and analysis, including a comparison of such results with Massachusetts drinking water standards and a brief description of the health effects of any contaminants shown to be present at levels that exceed the Massachusetts drinking water standards shall be reported in writing to the prospective purchaser by the certified laboratory on a standard testing result form, as approved by the department, prior to any sale, lease or rental arrangement of a home water treatment device.