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New Tennessee law (below) would effectively ban water contamination by any chemical, including lead, arsenic, lithium, aluminum, and other contaminants, including commercial grade fluorosilicic acid. It would do that by requiring suppliers of additives to provide they are safe and effective.

This is the text of the new law:


SB 3760 by *Gresham. (HB 3790 by *Dennis.)

Water – As introduced, requires manufacturers of products added to public water systems to verify the safety of such products to the system operators. – Amends TCA Title 53, Chapter 1, Part 1 and Title 68, Chapter 221, Part 7.

Fiscal Summary

Increase State Expenditures – $213,900/General Fund $428,500/Environmental Protection Fund Increase Local Expenditures – Exceeds $4,000,000*

Bill Summary

This bill requires public water systems to only purchase such substances from chemical manufacturers or responsible entities in the chain of delivery of the product who provide a declaration for their product that the product:

(1) Is effective at treating the legislatively-identified specific disease or health condition, or affects the bodily functions to prevent the specific adverse health condition in consumers, consistent with fulfilling the stated legislative intent for this product’s use; and
(2) Is safe for the full range of expected human consumption at these dilution ranges, without known or anticipated adverse health effects over a lifetime, including for infants, children, the elderly, and other populations afforded equal protection.

This bill requires public water system operators to require, as a condition of purchase, that manufacturers of specific products water system operators add or intend to add to the public drinking water for purposes of treating or affecting the bodily functions of consumers must provide and annually update a list of studies relating to their products and identify the geographic origin of their products.

This bill requires water system operators to make all information provided by manufacturers or responsible parties in the chain of product delivery pursuant to this bill readily accessible to the public. The full text of this bill lists product information that each public water system operator will be required to make available to the public.

To assure that public water system operators have selected and are administering water additive products intended to treat or affect the bodily functions of consumers that meet the requirements of state law and rules and regulations, this bill requires water system operators, as a condition of purchase, to obtain a copy of the manufacturer’s product declaration in force at the time of contract.

This bill requires that public water system operators select and add to the public drinking water only these products intended to treat and affect the bodily functions of consumers that meet, at a minimum, the applicable published American Water Works Association (AWWA) standard for a product’s specific chemical classification. In order to assure fulfillment of AWWA standards, this bill requires public water system operators to obtain from the manufacturer, or other responsible party in the chain of delivery, an independent analysis by an ANSI or NSF International certified laboratory determining the content, and specific concentrations of each contaminant, of each shipment of the product, to be correlated with the manufacturer’s product declaration. The batch analyses on each delivery of products, must be maintained and made immediately accessible to the public by the water system operator.

Under this bill, a chemical manufacturer or responsible entity in the chain of delivery of the product person who knowingly omits or falsifies information required pursuant to this bill commits a Class B misdemeanor punishable by a fine only of up to $500. Each violation of this bill will be considered a separate offense.



Any and all additives to drinking water should be thoroughly tested. No additives should be employed which have any adverse effect on anyone. Water should be as close to “just water” as is practical.

All contaminants should be addressed. The reason why we focus on “fluoride” is that the commercial grade fluorosilicic acid used contains all these other contaminants.

In discussing this issue, it is important that we focus on contaminants that are known and believed by the public to be harmful. Lead and arsenic are the two best nominees. Everyone knows and believes them to be harmful.

Third on the is commercial grade fluorosilicic acid.

Not “fluoride”. We should quit referring to “fluoride”. So-called fluoride has been given a shiny patina by advertisers. We should use more exact terms: fluorsilicic acid, sodium fluoride, hydrogen fluoride, aluminum fluoride, and calcium fluoride. Naturally occurring fluoride is calcium fluoride, lethal only through long term use. Fluoridation started in 1945 with sodium fluoride, which came from aluminum production and was championed by Aloca. By 1950 industrial grade fluorosilicic acid was substituted. It was cheaper and more abundant, and even more contaminated than sodium fluoride.

Industrial grade fluorosilicic acid contains the lead and arsenic and all the other contaminants, and so it is often made the focus. It is the vector for the other contaminants. But it is not the only contaminant.

Even if the use of industrial grade fluorosilicic acid is stopped, we have failed if we do not prevent injections of other contaminants. And the contaminant right around the corner is lithium. Adding lithium has already been tried.

The way to add lithium is simply to recycle sewer water – which contains lithium. Lithium comes from brakes and other commercial sources. The so called “toilet-to-tap” scheme is a a round about way to add lithium to drinking water, by retaining the lithium already there.

The reverse osmosis technology used by San Diego in their toilet-to-tap filtration plant cannot remove the tiny lithium atom. The toilet-to-tap plant in San Diego is nearly ready to turn on.

If commercial grade fluorosilicic acid is banned as a drinking water, but lithium is allowed, we will not have not done our job.

The focus of the Safe Water Act and the Safe Drinking Water Act was that waters should be as free from contaminants as possible. We must be “protectors of the well”.

The big opposition to our safe water effort is from the dollar fixated chemical companies who would have to change their dollar fixated ways and focus not on selling as many chemicals as possible but on selling as few chemicals as possible.

Anything that can be done non-chemically, organically, should be done that way.

The debate is not just over industrial grade fluorosilicic acid. It is over becoming a non-chemical, organic nation.

This is one of the areas in which we should amend our Constitution. Pure water should be declared to be a right in the Constitution, along with being as non-chemical and as organic as possible.