
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300j-23]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
             SUBCHAPTER XII--SAFETY OF PUBLIC WATER SYSTEMS
 
  Part F--Additional Requirements To Regulate Safety of Drinking Water
 
Sec. 300j-23. Drinking water coolers containing lead


(a) Publication of lists

    The Administrator shall, after notice and opportunity for public 
comment, identify each brand and model of drinking water cooler which is 
not lead free, including each brand and model of drinking water cooler 
which has a lead-lined tank. For purposes of identifying the brand and 
model of drinking water coolers under this subsection, the Administrator 
shall use the best information available to the Environmental Protection 
Agency. Within 100 days after October 31, 1988, the Administrator shall 
publish a list of each brand and model of drinking water cooler 
identified under this subsection. Such list shall separately identify 
each brand and model of cooler which has a lead-lined tank. The 
Administrator shall continue to gather information regarding lead in 
drinking water coolers and shall revise and republish the list from time 
to time as may be appropriate as new information or analysis becomes 
available regarding lead contamination in drinking water coolers.

(b) Prohibition

    No person may sell in interstate commerce, or manufacture for sale 
in interstate commerce, any drinking water cooler listed under 
subsection (a) of this section or any other drinking water cooler which 
is not lead free, including a lead-lined drinking water cooler.

(c) Criminal penalty

    Any person who knowingly violates the prohibition contained in 
subsection (b) of this section shall be imprisoned for not more than 5 
years, or fined in accordance with title 18, or both.

(d) Civil penalty

    The Administrator may bring a civil action in the appropriate United 
States District Court (as determined under the provisions of title 28) 
to impose a civil penalty on any person who violates subsection (b) of 
this section. In any such action the court may impose on such person a 
civil penalty of not more than $5,000 ($50,000 in the case of a second 
or subsequent violation).

(July 1, 1944, ch. 373, title XIV, Sec. 1463, as added Pub. L. 100-572, 
Sec. 2(a), Oct. 31, 1988, 102 Stat. 2885; amended Pub. L. 104-182, title 
V, Sec. 501(f)(9), Aug. 6, 1996, 110 Stat. 1692.)


                               Amendments

    1996--Pub. L. 104-182 made technical amendment to section catchline 
and subsec. (a) designation.

                  Section Referred to in Other Sections

    This section is referred to in sections 300j-22, 300j-24 of this 
title.
