About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1999 New Hampshire Attorney General Reports and Opinions 1 (1999)

handle is hein.sag/sagnh0003 and id is 1 raw text is: March 9, 1999 Robert W. Varney, Commissioner Department of Environmental Services 6 Hazen Drive Concord, New Hampshire 03301 Dear Commissioner Varney: By letter dated November 6, 1998, the Office of Health Management of the Department of Health and Human Services requested, through the Department of Environmental Services, an opinion concerning the proper interpretation of RSA 485:14, which prohibits the introduction of fluoride into domestic water supply sources without voter approval. A short review of the relevant statutes and responses to specific questions follow. RSA 485:14 states: No fluorine shall be introduced into the water of any lake, pond, reservoir or stream tributary from which the domestic water supply is taken unless and until the municipality using said waters has held a public hearing as to the introduction of fluorine into the public water supplies in said municipality, and the voters of such municipality have approved such action pursuant to RSA 44:16 or 52:23. RSA 485:14. RSA 44:16 provides a detailed procedure for residents of a city to consider the desirability of public water supply fluoridation: Letter to Mr. Robert W. Varney March 9TH, 1999 Upon the written application of 10 percent of the voters in any city, presented to the city clerk prior to the municipal election, the city clerk shall insert on the ballot to be used at said elections the following questions: Shall permission be granted to introduce fluorides into the public water system? Beside this question shall be printed the word yes and the word no with the proper boxes for the voter to indicate his choice. If a majority of the voters at said election do not approve the use of fluorides in the public water system for said city, no fluorides shall be introduced into the public water supply system. If fluorides have, prior to said vote, been so introduced, such use shall be discontinued until such time as the voters of the city shall, by majority vote, approve the use of such fluorides. After such popular referendum, the city clerk shall not insert the aforementioned question relative to the use of fluorides in public water system on the ballot to be used at the municipal election for a minimum of three years from the date of the last popular referendum, and only upon written application at that time of not less than 10 percent of the registered voters of said city. RSA 44:16. In similar language, RSA 52:23 establishes a procedure for voters in any village water district to consider the fluoridation issue. RSA 31:17-a provides a comparable procedure for voters residing in a town. In addition to the public hearing and voter referendum requirement described above, the engineering and public health merits of a fluoridation proposal must be demonstrated to the Department of Environmental Services (DES). RSA 485:8 and Env-Ws 375.03 require a supplier of water to submit detailed technical information concerning a fluoridation proposal for review by DES. A supplier of water is defined by law to mean a person who controls, owns or generally manages a public water system. RSA 485:1, XVI. Letter to Mr. Robert W. Varney March 9TH, 1999 There is no legal requirement that the DES's review of a fluoridation proposal either precede or come after

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most