Fluoridation Act 1968

The Committee – may, either of its own motion or when requested to do so by the Minister, carry out such investigations as it considers necessary to determine whether or not, having regard to – such specific matters as are prescribed for the purposes of this paragraph; any reports submitted to the Committee pursuant to paragraph (b); and all other matters that the Committee considers relevant or that, in any particular case, the Minister directs it to take into consideration – it would be practicable to add fluoride to any particular public water supply; for the purpose of carrying out such investigations as are referred to in paragraph (a) in relation to a public water supply, may require the Secretary of the Department to obtain and submit to the Committee such reports as it may require or as are prescribed with respect to – the incidence of dental fluorosis or idiopathic mottling, or both, in the district that is served by that water supply; and the dental health of school children residing within that district; after making such investigations as are mentioned in paragraph (a), may make written recommendations to the Minister as to whether, in the opinion of the Committee, the addition of fluoride to the particular public water supply is or is not practicable, and – if in the opinion of the Committee it is practicable to add fluoride to that water supply, shall recommend to the Minister in writing the method to be adopted for that purpose and the chemical (and the concentration thereof) to be used for that purpose; or if in its opinion it is not practicable to add fluoride to the public water supply, shall make to the Minister in writing such recommendations as it thinks desirable with respect to the alternative method (if any) to be adopted for the purpose of ensuring the daily ingestion of fluoride by the inhabitants of any district served by that water supply and the manner of achieving that purpose; may approve a Code of Practice for the fluoridation of public water supplies; may monitor and report to the Minister on a relevant water supply authority's performance and compliance with any Code of Practice approved under paragraph (d); must monitor and report to the Minister on a relevant water supply authority's performance and compliance with any direction given under this Act, including a direction under section 10(1)(a) or (b), and any recommendations contained in such a direction; for the purposes of paragraphs (da) and (db) – must meet as often as may be necessary and, in any case, at least once in each period of 3 months; and may determine the methods by which, and the frequency with which, analyses of public water supplies are to be carried out, and the persons by whom they are to be carried out; and must notify the Minister, in writing, of each determination under subparagraph (ii); and must review, at intervals of not more than 6 months, the level of fluoride maintained in each fluoridated water supply as disclosed by such methods or tests as may be prescribed; and must inquire into, and take such action as the Committee considers necessary to adjust, any discrepancy in the level of fluoride disclosed by a review under subparagraph (iv); and may, and if the Minister so directs must, inquire into, and report to the Minister on, any complaint made as to the operation of a fluoridated water supply or as to any other matter under this Act; and may require the Secretary of the Department to obtain and submit to the Committee such reports as it may require, or as may be prescribed, with respect to the matters referred to in paragraph (b)(i) and (ii); may examine drugs, medicines, and dentifrices for the purpose of ascertaining their fluoride content, if any, and may make to the Minister such recommendations as it thinks desirable with respect to the packing, prescription, sale, and use of any such drugs, medicines, or dentifrices; shall inquire into, and advise the Minister with respect to, industrial conditions, industrial processes, foods, dietary habits, or other matters (whether similar to the foregoing matters or not), and any changes therein, that could have the effect of increasing the intake of fluoride by persons generally, or by any class of persons, residing in a district that is served by a fluoridated water supply; shall co-operate with departments and instrumentalities of the State in relation to the investigation and solution of problems connected with the health of persons engaged in industrial processes, being problems arising from the production, emission, or use in those processes of fluorine, or of any compound thereof, or of any fluoriferous materials; and generally, may exercise such other powers and shall perform such other duties as are conferred or imposed on the Committee by or under this Act.

The Committee – before making a recommendation with respect to the addition of fluoride to a public water supply, shall ascertain the amount of fluoride, if any, already contained in the water in respect of which it proposes to make the recommendation; and if it recommends the addition of fluoride to that water supply, shall give such directions and impose such conditions, in relation to the addition of fluoride thereto, as it considers necessary for the purpose of ensuring that the amount of fluoride so ascertained, together with the amount of fluoride that the Committee proposes to recommend should be added to the water, is within the prescribed fluoride concentration range.

When the Committee makes to the Minister such a recommendation as is referred to in subsection (1)(c)(ii) the Minister may, by notice in writing, direct the permanent head or chief executive officer of such department or instrumentality of the State as the Minister thinks appropriate to do all such acts and things as are specified in the notice and as are within his legal competence for the purpose of giving effect to the recommendation.

The Committee may – at any time after making a recommendation that fluoride be added to a public water supply – rescind the recommendation; revoke or vary any directions given, or conditions imposed, by it pursuant to subsection (2)(b); or in lieu of those directions or conditions, give new directions or impose new conditions; and at any time after making any other recommendation under this Act, rescind or vary the recommendation – and shall make to the Minister, in writing, such a recommendation as the Committee thinks necessary as the result of the action so taken by it.

Where the Minister approves of any action taken by the Committee pursuant to subsection (4)(a), he shall in writing advise the water supply authority (if any) to which the recommendation relates of the action so taken by the Committee and shall direct the water supply authority to do all such acts and things as are necessary for the purpose of giving effect to the recommendation of the Committee under that subsection.