SB2304 • 2026

Water

AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18; Title 53 and Title 68, Chapter 221, relative to fluoride.

Agriculture Land

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Pody, Lynn
Last action: 2026-03-11
Official status: Assigned to General Subcommittee of Senate Energy, Ag., and Nat. Resources Committee
Effective date: Not listed

Plain English Breakdown

The official summary does not provide specific details on cost implications or exemptions.

Tennessee Fluoride-Free Water Act

This bill bans adding fluoride to drinking water and selling bottled water with added fluoride in Tennessee.

What This Bill Does

Prohibits the addition of fluoride or fluoride-containing compounds to public drinking water.
Removes the requirement for public water systems to notify consumers about changes in fluoridation levels.
Increases penalties for violations related to adding fluoride to drinking water.
Requires clear labeling on bottled water with naturally occurring fluoride if it exceeds 0.7 mg/L.
Allows the state agriculture department to detain and condemn bottled water that violates these rules.

Who It Names or Affects

Public water system owners and operators
Bottled water companies selling in Tennessee

Terms To Know

fluoride: A mineral sometimes added to drinking water or bottled water to help prevent tooth decay.
public water system: A network of pipes and facilities that supplies treated water to the public.

Limits and Unknowns

The bill does not specify how much it will cost local governments.
It is unclear if there are any exemptions for certain types of bottled water or specific situations.

Bill History

2026-03-11 Tennessee General Assembly
Assigned to General Subcommittee of Senate Energy, Ag., and Nat. Resources Committee
2026-03-05 Tennessee General Assembly
Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 3/11/2026
2026-03-04 Tennessee General Assembly
Action deferred in Senate Energy, Ag., and Nat. Resources Committee to 3/11/2026
2026-02-25 Tennessee General Assembly
Placed on Senate Energy, Ag., and Nat. Resources Committee calendar for 3/4/2026
2026-02-05 Tennessee General Assembly
Passed on Second Consideration, refer to Senate Energy, Ag., and Nat. Resources Committee
2026-02-05 Tennessee General Assembly
Assigned to s/c Agriculture & Natural Resources Subcommittee
2026-02-05 Tennessee General Assembly
P2C, ref. to Agriculture & Natural Resources Committee - Government Operations for Review
2026-02-04 Tennessee General Assembly
Intro., P1C.
2026-02-03 Tennessee General Assembly
Filed for introduction
2026-02-02 Tennessee General Assembly
Introduced, Passed on First Consideration
2026-02-02 Tennessee General Assembly
Filed for introduction

Official Summary Text

This bill prohibits

the owner or operator of
a
public water system
from
adding

fluoride or a fluoride-containing compound to drinking water that is intended for human consumption and delivered to consumers
.

This bill removes the present law requirement that a public water system notify consumers 30 days prior to initiating or permanently ceasing fluoridation of the water supply.

This bill revises the present law requirements for water systems to conduct monthly tests for fluoride levels so that such requirement will only apply to testing for naturally occurring fluoride.

Under present law, violations of the Tennessee Safe Drinking Water Act of 1983 are generally subject to a civil penalty of not less than $50.00 nor more than $5,000 per day of violation. In cases involving fluoride-related violations, this bill increase
s the minimum civil penalty to $1,000.

This bill prohibits the sale of
bottled water containing added fluoride within
Tennessee
.
This bill requires that b
ottled water containing naturally occurring fluoride that is sold

in
Tennessee m
ust be clearly labeled with the fluoride concentration.

If the concentration level of naturally occurring fluoride in bottled water
0.7
of a milligram per liter, the bottle must be clearly labeled with the following warning:

WARNING: This product contains fluoride at levels exceeding the recommended limit for optimal health.

This bill requires an agen
t of the commissioner of agriculture who has probable cause to believe that bottled water is being sold
with added fluoride or in violation of this bill's bottling labeling requirement to
mark the article as "detained" or "embargoed" and petition a judge for an order of condemnation
.
A violation of
this bill involving bottled water i
s punishable by a civil penalty of $500
for each
bottle of water that is sold
in violation of this bill
.

This bill requires the
commissioner
to
establish a process by which violations of this
bill involving bottled water
may be reported.

This bill authorizes t
he attorney general and reporter
to
bring an action against a person who violates th
e provisions of this bill concerning bottled water
to enjoin further violations and to recover a civil penalty of $500 per violation.

The prevailing party in
such
an action
is ent
itled to reasonable attorney's fees, court costs, and expenses, but court costs must not be taxed against the attorney general and reporter or this state in
such
actions.

This bill requires the
department of agriculture
to
promulgate rules to effectuate th
e provisions of this bill concerning bottled water
.

Current Bill Text

Read the full stored bill text

HOUSE BILL 2471
By Lynn

SENATE BILL 2304
By Pody
SB2304
009225
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 47,
Chapter 18; Title 53 and Title 68, Chapter 221,
relative to fluoride.

WHEREAS, the Tennessee General Assembly finds that the addition of fluoride to public
drinking water is a matter of public health concern and individual choice; and
WHEREAS, the Tennessee General Assembly also finds that consumers have limited
ability to avoid fluoride exposure when it is added to municipal water supplies or bottled water
sold in retail outlets; and
WHEREAS, the Tennessee General Assembly further finds that this State has a
compelling interest in protecting the health and autonomy of its residents by ensuring access to
fluoride-free drinking water; now, therefore:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. This act is known and may be cited as the "Tennessee Fluoride-Free
Water Act."
SECTION 2. Tennessee Code Annotated, Section 68-221-711, is amended by adding
the following as a new subdivision:
( )
(A) The adding of fluoride or a fluoride-containing compound to drinking
water that is intended for human consumption and delivered to consumers
through a public water system located in this state by the owner or operator of
the public water system.
(B) The prohibition in subdivision ( )(A) applies to:
(i) All forms of fluoride, including, but not limited to:

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(a) Sodium fluoride;
(b) Fluorosilicic acid; and
(c) Sodium fluorosilicate; and
(ii) All compounds intended to raise fluoride levels in water.
SECTION 3. Tennessee Code Annotated, Section 68-221-708(c), is amended by
deleting the subsection.
SECTION 4. Tennessee Code Annotated, Section 68-221-709, is amended by deleting
the section and substituting the following:
(a) If the quarterly analysis of a water sample from a public water system by a
certified laboratory confirms that the level of naturally occurring fluoride in the sample
exceeds the maximum contaminant level goal (MCLG) for fluoride established by the
U.S. environmental protection agency (EPA), the public water system from which the
sample was taken must:
(1) Obtain laboratory analysis of water samples monthly for fluoride
levels;
(2) Take corrective action to reduce the level of naturally occurring
fluoride to a level at or below the MCLG for fluoride established by the EPA; and
(3) Notify all of its customers that a water sample tested exceeded the
MCLG for fluoride established by the EPA in a manner established by the
department.
(b) Once the monthly analysis of water samples for fluoride conducted pursuant
to subdivision (a)(1) confirms that the fluoride level in samples is less than the MCLG for
fluoride established by the EPA for three (3) consecutive months, the public water
system may resume quarterly laboratory analysis for fluoride.

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SECTION 5. Tennessee Code Annotated, Section 68-221-713(a)(1), is amended by
deleting the subdivision and substituting the following:
(1)
(A) Except as provided in subdivision (a)(1)(B), a person who violates or
fails to comply with this part, an order of the commissioner or the board issued
pursuant to this part, or a rule, regulation, or standard adopted pursuant to this
part is subject to a civil penalty of not less than fifty dollars ($50.00) nor more
than five thousand dollars ($5,000) per day for each day of violation.
(B) A person who violates or fails to comply with Section 2 or 4 of this
act, an order of the commissioner or the board issued pursuant to Section 2 or 4
of this act, or a rule, regulation, or standard adopted pursuant to Section 2 or 4 of
this act is subject to a civil penalty of not less than one thousand dollars ($1,000)
nor more than five thousand dollars ($5,000) per day for each day of violation.
SECTION 6. Tennessee Code Annotated, Title 53, is amended by adding the following
as a new chapter:
53-16-101.
(a) It is a violation of this chapter for a person to sell, offer for sale, or distribute
or dispense for consideration bottled water containing added fluoride within this state.
(b) The prohibition in subsection (a) applies to:
(1) All forms of fluoride, including, but not limited to:
(A) Sodium fluoride;
(B) Fluorosilicic acid; and
(C) Sodium fluorosilicate; and
(2) All compounds intended to raise fluoride levels in water.
53-16-102.

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(a) Bottled water containing naturally occurring fluoride that is sold, offered for
sale, or distributed or dispensed for consideration in this state must be clearly labeled
with the fluoride concentration.
(b) If the concentration level of naturally occurring fluoride in bottled water that is
sold, offered for sale, or distributed or dispensed for consideration in this state exceeds
seven-tenths of a milligram per liter (0.7 mg/L), the bottle must be clearly labeled with
the following warning:
WARNING: This product contains fluoride at levels exceeding the recommended
limit for optimal health.
53-16-103.
(a) An agent of the commissioner of agriculture who has probable cause to
believe that bottled water is being sold, offered for sale, or distributed or dispensed for
consideration in violation of § 53-16-101 or § 53-16-102 shall mark the article as
"detained" or "embargoed" and petition a judge for an order of condemnation pursuant to
§ 53-1-201.
(b) A violation of § 53-16-101 or § 53-16-102 is punishable by a civil penalty of
five hundred dollars ($500). Each bottle of water that is sold, offered for sale, or
distributed or dispensed for consideration in violation of § 53-16-101 or § 53-16-102 is a
separate violation.
(c)
(1) The commissioner of agriculture or the commissioner's designee shall
establish a process by which violations of this chapter may be reported.
(2) The attorney general and reporter may bring an action against a
person who violates this chapter to enjoin further violations and to recover a civil
penalty of five hundred dollars ($500) per violation.

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(3) A civil penalty collected pursuant to this section must be paid into the
general fund of this state.
(4) The prevailing party in an action brought under subdivision (c)(2) is
entitled to reasonable attorney's fees, court costs, and expenses, but court costs
must not be taxed against the attorney general and reporter or this state in
actions commenced under this section.
(5) Jurisdiction for an action brought pursuant to this section is in the
chancery court of Davidson County or the chancery court in the county where the
person against whom the action is brought is located.
53-16-104.
The department of agriculture shall promulgate rules to effectuate this chapter.
The rules must be promulgated in accordance with the Uniform Administrative
Procedures Act, compiled in title 4, chapter 5.
SECTION 7. If any provision of this act or its application to any person or circumstance
is held invalid, then the invalidity does not affect other provisions or applications of the act that
can be given effect without the invalid provision or application, and to that end, the provisions of
this act are severable.
SECTION 8. This act takes effect upon becoming a law for the purpose of promulgating
rules, the public welfare requiring it. For all other purposes, this act takes effect July 1, 2026,
the public welfare requiring it.