HEALTH AND SAFETY CODE
SECTION 116825-116865
116825.  Unless the context otherwise requires, the followingdefinitions shall govern construction of this article: (a) "Water treatment device" means any point of use or point ofentry instrument or contrivance sold or offered for rental or leasefor residential use, and designed to be added to the plumbing system,or used without being connected to the plumbing of a water supplyintended for human consumption in order to improve the water supplyby any means, including, but not limited to, filtration,distillation, adsorption, ion exchange, reverse osmosis, or othertreatment. "Water treatment device" does not include any device thatis regulated pursuant to Article 12 (commencing with Section 111070)of Chapter 5 of Part 5. (b) "Department" means the Department of Health Services. (c) "Person" means any individual, firm, corporation, orassociation, or any employee or agent thereof. (d) "Contaminants" means any health-related physical, chemical,biological, or radiological substance or matter in water.116830.  (a) The department shall adopt regulations setting forththe criteria and procedures for certification of water treatmentdevices that are claimed to affect the health or safety of drinkingwater. The regulations shall include appropriate testing protocolsand procedures to determine the performance of water treatmentdevices in reducing specific contaminants from public or privatedomestic water supplies. The regulations may adopt, by reference, thetesting procedures and standards of one or more independent testingorganizations if the department determines that the procedures andstandards are adequate to meet the requirements of this section. Theregulations may specify any testing organization that the departmenthas designated to conduct the testing of water treatment devices. (b) The regulations required by subdivision (a) shall includeminimum standards for the following: (1) Performance requirements. (2) Types of tests to be performed. (3) Types of allowable materials. (4) Design and construction. (5) Instruction and information requirements, includingoperational, maintenance, replacement, and estimated cost of theseitems. (6) Any additional requirements, not inconsistent with thisarticle, as may be necessary to carry out this article. (c) The department or any testing organization designated by thedepartment pursuant to this section may agree to evaluate test dataon a water treatment device offered by the manufacturer of the watertreatment device, in lieu of the requirements of this section, if thedepartment or the testing organization determines that the testingprocedures and standards used to develop the data are adequate tomeet the requirements of this section.116835.  (a) No water treatment device that makes productperformance claims or product benefit claims that the device affectshealth or the safety of drinking water, shall be sold or otherwisedistributed that has not been certified by the department or byanother entity in accordance with subdivision (b). Water treatmentdevices not offered for sale or distribution based on claims ofimprovement in the healthfulness of drinking water need not becertified pursuant to this section. (b) The department may accept a water treatment devicecertification issued by an agency of another state, by an independenttesting organization, or by the federal government in lieu of itsown, if the department determines that certification program meetsthe requirements of this article. (c) A water treatment device initially installed prior to theoperative date of this section shall not require certificationpursuant to Section 116830. (d) Subdivisions (a), (b), and (c) shall become operative one yearafter the effective date of the regulations adopted pursuant toSection 116830. Regulations adopted pursuant to that section shall betransmitted to the Legislature upon adoption.116840.  (a) The department, or any local health officer with theconcurrence of the department, shall enforce this article. (b) The department may suspend, revoke, or deny a certificate uponits determination of either of the following: (1) That the water treatment device does not perform in accordancewith the claims made under the standard. (2) That the manufacturer, or any employee or agent thereof, hasviolated this article, any regulation adopted pursuant to thisarticle, or Chapter 1 (commencing with Section 17500) of Part 3 ofDivision 7 of the Business and Professions Code. (c) Any person, corporation, firm, partnership, joint stockcompany, or any other association or organization that violates anyprovision of this article shall be liable for a civil penalty not toexceed five thousand dollars ($5,000) for each violation. Where theconduct constituting a violation is of a continuing nature, each dayof the conduct is a separate and distinct violation. The civilpenalty shall be assessed and recovered in a civil action brought inthe name of the people of the State of California by the AttorneyGeneral, or by any district attorney, county counsel, or cityattorney in any court of competent jurisdiction. (d) If the action is brought by the Attorney General, one-half ofthe penalty collected shall be paid to the treasurer of the county inwhich the judgment was entered, and one-half to the State Treasurer.If brought by a district attorney or county counsel, the entireamount of penalties collected shall be paid to the treasurer of thecounty in which the judgment was entered. If brought by a cityattorney or city prosecutor, one-half of the penalty shall be paid tothe treasurer of the county and one-half to the city. (e) Unless otherwise provided, the remedies or penalties providedby this article are cumulative to each other and to remedies orpenalties available under all other laws of this state.116845.  The department shall publish a list of water treatmentdevices certified under this article, including the specific standardunder which the device is certified.116850.  The department shall charge and collect a fee for eachcertificate applied for which shall be an amount reasonably necessaryto produce sufficient revenue to effectively implement this article.116855.  In developing regulations pursuant to this article, thedepartment shall seek the consultation of representatives from theindustry regulated under the article, from drinking water purveyors,and from persons with expertise and experience in promoting publichealth.116860.  There is in the State Treasury the Water DeviceCertification Special Account. Fees collected pursuant to Section116850 shall be deposited in the account created by this section.116865.  The Director of Finance may authorize the department toborrow up to two hundred thousand dollars ($200,000) for the purposeof implementing this article from any fund or account deemedappropriate by the Director of Finance. The department shall repaythe loan with interest to be determined in accordance with Section16314 of the Government Code.