Prohibits the sale or offer for sale at retail of bottled water in this state in a beverage container unless such container includes on its label certain information

Title of bill

An act to amend the general business law, in relation to labelling bottled water sold or offered for sale

Purpose or general idea of bill

This bill would ensure that consumers are able to obtain important water quality information regarding bottled water by requiring bottlers to make certain disclosures.

Summary of specific provisions

This bill would require, on or after January l, 2010, as a condition of certification by the department of health, purveyors of bottled water to annually prepare a bottled water report containing pertinent water quality information and shall, upon request, make such report available to consumers.

Current regulations require the testing of bottled water and only mandates a general label if the water exceeds certain standards set by the Commissioner. This bill would expand upon this requirement by requiring bottled water labels to include the following disclosures:

* the name and contact information for the bottler or brand owner;

* the source of the bottled water, in compliance with applicable state and federal regulations; and

* a clear and conspicuous statement that informs consumers about how to access water quality information contained in the bottled water report.

The bill's provisions would be enforced by the Attorney General. Violators would be subject to a civil penalty of up to $1,000 for a first offense and $5,000 for any second or subsequent offense.

Justification

The consumption of bottled water has increased dramatically over the past decade. Some consumers rely on bottled water as their primary source of drinking water. Under New York law, consumers have a right to obtain information about the source and quality of the public drinking water that flows from their household tap, but, unfortunately, these protections do not extend to bottled water.

Many consumers who drink bottled water must limit their consumption of certain ingredients in their food and drink due to health, diet or other reasons. Without access to such information, it is impossible for these consumers to know whether they are consuming such ingredients and to what extent. This bill would allow consumers to make an informed choice about what they drink. Consumers of bottled water should be afforded the same water quality "right to know" protections of bottled water products as those established for tap water.

This legislation is based on a recently-enacted California law. The bill ensures that consumers are able to obtain important water quality information, while providing bottlers with flexibility in providing such information.

Prior legislative history

2007-2008: A.503-B (Lafayette) - Reported and referred to Ways & Means

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.