[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:
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.
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.
