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Title 42, The Public Health and WelfareRelease 119-110

§300j–23 Drinking Water Coolers Containing Lead

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER XII — SAFETY OF PUBLIC WATER SYSTEMS › Part F — Additional Requirements To Regulate Safety of Drinking Water › § 300j–23

Last updated Sep 22, 2026|Official source

Summary

The Administrator must, after public notice and a chance for comment, identify every brand and model of drinking water cooler that is not lead free, including those with lead-lined tanks. Using the best EPA information, the Administrator must publish that list within 100 days after October 31, 1988, mark separately the lead‑lined models, and update the list when new information becomes available. No one may sell or make for sale in interstate commerce any cooler on the list or any other cooler that is not lead free, including lead‑lined coolers. A person who knowingly breaks this rule can be jailed for up to 5 years, fined under title 18, or both. The Administrator may also sue in federal court and seek civil fines up to $5,000 for a violation and up to $50,000 for a second or later violation.

Full Legal Text

Title 42, §300j–23

The Public Health and Welfare, Source: USLM XML via OLRC

(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) 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) 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). 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).

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

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

Reference

Citations & Metadata

Citation

42 U.S.C. § 300j–23

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110