An Act to repeal enforcement provisions and modify requirements related to the fluoridation of public water supplies.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 34-24A-1 be AMENDED:

34-24A-1. Any person, firm, limited liability company, corporation, or municipality having jurisdiction over a municipal water supply, whether publicly or privately owned or operated, shall control the quantities of fluoride in the water so as to maintain a minimum fluoride content prescribed by the South Dakota Department of Agriculture and Natural Resources a fluoride level that does not exceed 4.0 milligrams per liter.

Section 2. That § 34-24A-2 be AMENDED:

34-24A-2. The Department of Agriculture and Natural Resources shall, in compliance accordance with chapter 1-26, promulgate rules relating to the fluoridation of fluoride control in public water supplies which shall include, but not be limited to the following to address:

(1) The means by which fluoride is controlled;

(2) The methods of testing the fluoride content; and

(3) The records to be kept relating to fluoridation fluoride levels.

Section 3. That § 34-24A-1.1 be REPEALED.

The Department of Agriculture and Natural Resources shall perform all the functions of the Public Health Advisory Committee, the state health officer, and the Department of Health with respect to water hygiene programs authorized under, but not limited to, this chapter, except that the Board of Minerals and Environment shall perform any advisory functions as defined in § 1-32-1.

Section 4. That § 34-24A-3 be REPEALED.

The Department of Agriculture and Natural Resources shall enforce the provisions of §§ 34-24A-1 and 34-24A-2. In so doing it shall require the fluoridation of water in all municipal water supplies serving a population of five hundred or more. The department may not require the fluoridation of water in any municipal water supply where such water supply in the state of nature contains sufficient fluorides to conform with the rules of the department.