[Adopted 11-20-2001 by L.L. No. 17-2001 (Ch. 491, Art. I, of the 1985 Code)]
A. 
This Legislature hereby finds and determines that the bottled water industry has data available regarding the compounds or components which may be present in their products but which may not be feasible to place on the label in its entirety.
B. 
This Legislature further finds and determines that many consumers have specific questions regarding the manufacturing process and the chemical/microbiological quality of bottled water products they may purchase.
C. 
This Legislature hereby determines that all consumers have the right to such information to make informed purchase decisions.
D. 
This Legislature hereby finds that all consumers are entitled to a cost-free method of obtaining answers to their questions.
E. 
This Legislature further finds and determines that the public should be provided with a means of obtaining the maximum amount of information as to the actual contents of all bottled water sold, manufactured, or distributed within the County of Suffolk to help it assess any potential impact of consuming such bottled water on its health.
F. 
This Legislature also finds and determines that some people may be more vulnerable to adverse health impacts from possible contaminants in their drinking water than the general population.
G. 
This Legislature further finds that immunocompromised persons, some elderly people, infants, or those who have immune system disorders may be at higher risk to such adverse health impacts.
H. 
This Legislature also determines that, presently, it is impossible for such at-risk populations to make an informed choice about what they drink, not knowing the precise contents of the bottled water they consume, based solely upon information currently required on bottled water labels.
I. 
Therefore, the purpose of this article is to require the conspicuous display of a toll-free telephone number on bottled water sold in Suffolk County in order for consumers to ascertain the actual contents of bottled water, as an exercise of Suffolk County's power to protect the health and physical well-being of its residents.
As used in this article, the following terms shall have the meanings indicated:
BOTTLED WATER
Any water product distributed, manufactured, or sold at retail to the general public as drinking water, or otherwise used for consumption, food preparation, or culinary purposes, packaged in a sealed container for sale for consumption or use.
PERSON
Any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership, joint venture, joint-stock association, or other entity or business organization of any kind.
No person in Suffolk County shall sell, offer for sale, or deliver bottled water for human consumption, food preparation, or culinary purposes without an appropriate label conspicuously placed on its container listing a toll-free telephone number, either individualized to the water bottler, distributor, or manufacturer or a generic one for the industry at large, as determined by such bottler, distributor, or manufacturer, in its individual or collective judgments, to be accessible to the public at large, during normal business hours, for the purpose of obtaining either written or verbal information regarding the organic and inorganic chemicals, radiological, biological, and other contaminants, and the physical characteristics thereof, contained in such bottled water manufactured, distributed, or sold at retail within the County of Suffolk. Any bottler located within Suffolk County shall have the option of utilizing a local phone number to meet the requirements of this article.
The Commissioner of the Suffolk County Department of Health Services is hereby authorized, empowered, and directed to issue and promulgate such rules and regulations as shall be necessary and appropriate, including a requirement that samples be submitted to the County Department of Health Services for testing at the cost and expense of a bottled water manufacturer or distributor, calculated at the established prevailing rates charged to municipalities in the metropolitan area for such testing, to ensure the implementation of the requirement of this article that consumers be provided with a toll-free telephone number from manufacturers, bottlers, or distributors of bottled water, accessible during normal business hours, disclosing the contents and physical characteristics of such bottled water manufactured, distributed, or sold within Suffolk County.
Any person, or corporation, or officer thereof, who or which intentionally or willfully violates any provision of § 704-3 of this article shall be subject to a civil penalty of up to $1,000 for each such violation. Each such violation shall constitute a separate and distinct offense.
This article shall apply to bottled water sold, offered for sale, or distributed within the County of Suffolk on or after July 1, 2002.
This article shall be null and void on the day that statewide or federal legislation goes into effect incorporating either the same or substantially similar provisions as are contained in this article or in the event that a pertinent state or federal administrative agency issues and promulgates regulations preempting such action by the County of Suffolk. The County Legislature may determine via mere resolution whether or not identical or substantially similar statewide legislation has been enacted for the purposes of triggering the provisions of this section.