CHAPTER 34-24A

FLUORIDATION OF WATER

34-24A-1    Duty of control of fluoride content in municipal water supply.

34-24A-1.1    Functions performed by Department of Agriculture and Natural Resources and Board of Minerals and Environment.

34-24A-2    Rules and regulations relating to fluoridation of water supplies.

34-24A-3    Enforcement of fluoridation requirements--Number of users requiring fluoridation--Exemption from fluoridation requirement.

34-24A-1. Duty of control of fluoride content in municipal water supply.

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.

Source: SL 1969, ch 112; SL 1986, ch 295, § 1; SL 1994, ch 351, § 63; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.

34-24A-1.1. Functions performed by Department of Agriculture and Natural Resources and Board of Minerals and Environment.

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.

Source: SL 1973, ch 2, § 103; SL 1974, ch 3, § 25; SL 1986, ch 295, § 2; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.

34-24A-2. Rules and regulations relating to fluoridation of water supplies.

The Department of Agriculture and Natural Resources shall, in compliance with chapter 1-26, promulgate rules relating to the fluoridation of public water supplies which shall include, but not be limited to the following:

(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.

Source: SL 1969, ch 112; SL 1972, ch 15, § 4; SL 1986, ch 295, § 3; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.

34-24A-3. Enforcement of fluoridation requirements--Number of users requiring fluoridation--Exemption from fluoridation requirement.

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.

Source: SL 1969, ch 112; SL 1972, ch 15, § 3; SL 1986, ch 295, § 4; SL 1991, ch 17 (Ex. Ord. 91-4), § 17; SL 2021, ch 1 (Ex. Ord. 21-3), § 14, eff. Apr. 19, 2021.