Existing law, the Sherman Food, Drug, and Cosmetic Law, regulates, among other things, the manufacture, production, processing, and packing of any food, drug, device, or cosmetic, and is administered by the State Department of Public Health. The law prescribes various quality and labeling standards for bottled water and vended water, and limits the levels of certain contaminants that may be contained in those water products. Existing law makes a violation of the law or regulation adopted pursuant to the law a crime. Existing law requires, as a condition of licensure, a water-bottling plant, as defined, to annually prepare a water-bottling plant report, as specified, and to make the report available to each customer, upon request.

This bill would require, upon adoption by in the event that the State Water Resources Control Board of adopts a primary drinking water standard for microplastics, and upon adoption of that standard, any water-bottling plant that produces bottled water that is sold in this state to provide the State Department of Public Health’s Food and Drug Branch an annual report on the levels of microplastics found in the source water used for bottling and in the final bottled water product that is offered for sale, as provided. The bill would require this report to be included with the annual water-bottling plant report and, upon request, be made available to each consumer. By expanding requirements on water-bottling plants, the violation of which would be a crime, the bill would impose a state-mandated local program. The bill would require the State Department of Public Health to determine, upon adoption of a primary drinking water standard for microplastics in drinking water, whether requiring bottled water to meet a maximum contaminant level equivalent to the primary drinking water standard for microplastics in drinking water is necessary or appropriate for ensuring that bottled water presents no adverse effect on public health.

Existing law, the California Safe Drinking Water Act, requires the State Water Resources Control Board to administer provisions relating to the regulation of drinking water to protect public health. Existing law requires the state board to adopt a definition of microplastics in drinking water and to adopt a standard methodology to be used in the testing of drinking water for microplastics and requirements for 4 years of testing and reporting of microplastics in drinking water, including public disclosure of those results.

This bill would require the Office of Environmental Health Hazard Assessment (OEHHA) to study prioritize studying the health impacts of microplastics in drinking water, including bottled water, water and bottled water to evaluate and identify a level toxicity characteristics and levels of microplastics in those types of water that is are not anticipated to cause or contribute to adverse health effects effect, or that does not pose any significant risk to health. health, or to identify any data gaps that exist that need to be addressed in order to establish those levels. The bill would require OEHHA, after the state board adopts a standard methodology and requirements for the testing and reporting of microplastics in drinking water, and upon the request of the state board, to develop and deliver to the state board a public health goal for a level of microplastics in those types of waters, as provided. OEHHA to compile findings from the study into a report and publish the report on its internet website no later than December 31, 2026. The bill would authorize the State Water Resources Control Board, after considering the findings of the report, to request that OEHHA prepare and publish a public health goal for microplastics in drinking water, as specified. The bill would require the state board to review the public health goal developed and delivered by OEHHA, and to adopt a primary drinking water standard for microplastics, as specified. microplastics, if appropriate.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.