The Undersigned Petitioners Request that the Boulder City Council Adopt the Following Ordinance, or Put the Same to a Vote of the People:
AN ORDINANCE PROVIDING FOR ASSURANCE OF THE QUALITY OF SUBSTANCES ADDED TO BOULDER’S WATER SUPPLY FOR THE PURPOSE OF TREATING HUMANS.
WHEREAS, the public drinking water supply should be maintained for the safety and enjoyment of the entire population of Boulder at all ranges of consumption;
WHEREAS, the United States Food and Drug Administration (U.S. FDA) is the only government agency in the United States with the authority to approve or reject any claim of safety or effectiveness for any product that is intended to cure, mitigate, treat or prevent any disease in humans;
WHEREAS, U.S. Maximum Contaminant Level Goals (MCLGs), which have been set by the U.S. Environmental Protection Agency (U.S. EPA) and adopted by the State of Colorado as its public health goals for water, are the established scientific endpoints for acutely toxic substances at which it has been determined that no known or anticipated adverse health effects will occur, with a margin of safety that is protective for an entire lifetime of ingestion;
WHEREAS, the City of Boulder, pursuant to Ordinance #3513 (1969), adds a fluoridation product to the public drinking water for the purpose of fulfilling health claims and which contains contaminants such as lead and arsenic at levels that exceed the scientific points of safety established as MCLGs for those contaminants by the U.S. EPA and adopted by the State of Colorado;
WHEREAS, medication of the population by mandate is not good public policy as it cannot be readily modified in light of subsequent medical research;
THEREFORE, be it ordained by the people that:
Section 1. A person or public or private water system may not add any substance to the public water supply which is intended for medication or to cure, mitigate, treat or prevent any disease (or maintain dental health) above the general purposes of making the water safe for drinking unless:
(A) The manufacturer, producer or supplier provides proof that the substance is specifically approved by the United States Food and Drug Administration for safety and effectiveness with a margin of safety that is protective against all adverse health and cosmetic effects at all dosage ranges consistent with unrestricted human water consumption; and
(B) The substance contributes no contaminant at concentrations that will result in the public water supply exceeding Maximum Contaminant Level Goals established pursuant to the federal Safe Drinking Water Act (42 U.S.C. 300f et seq.).
Section 2. For purposes of determining the specific contaminant contribution under Section 1(B) of this subsection, each shipment of the substance must include its own certificate of independent analysis of the contaminants present in the shipped product provided by the manufacturer, producer or supplier. Analysis of the contaminant contribution of a substance shall be of the undiluted product, with the contaminant concentration calculated at the Maximum Use Level declared by the manufacturer for certification to American National Standards Institute/NSF Standard 60.
Section 3. Violation of the provisions of Section 1 of this ordinance is a public nuisance and may be abated as other nuisances under the laws of Colorado.
Section 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, that invalidity may not affect other provisions or applications of this ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable.
Section 5. All sections or parts of sections of the Revised Code of the City of Boulder, 1981, as amended, or ordinances or parts of ordinances which are in conflict, or inconsistent, herewith, are hereby repealed.
Section 6. Ordinance #3513 (1969), initiating fluoridation without the criteria set forth in Section 1, is hereby repealed.
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Our Water Safe