AGO 1949-51 No. 162.

• Case Date: November 17, 1949
• Court: Washington

Washington Attorney General Opinions 1949. AGO 1949-51 No. 162. November 17, 1949[Orig. Op. Page 1]PRIVATEHEALTH DEPARTMENT REGULATIONS - FLUORIDATION OF WATER.Department of Health is responsible that methods of fluoridation of water is not dangerous to users.Department of Health should promulgate and enforce rules pertaining to fluoridation of water.John A. Kahl, M.D., M.P.H. Acting Director Department of Health Smith Tower Seattle 4, WashingtonCite as: AGO 1949-51 No. 162Attention: J. L. Jones, M.D. Assistant State Director of Health Dear Sir: We have your letter of October 28, 1949, in which you ask the following questions: 1. What is the responsibility of the Department of Health as to fluoridation of a public water supply in a specific community? 2. What action should be taken by the Washington State Board of Health when it receives information that the fluoridation of the water is being carried on or contemplated by a person, persons, firm, corporation, municipality or public utility operating a public water supply system? The conclusions reached may be summarized as follows: 1. Where a local public water supply system adopts or intends to adopt the fluoridation method of treating water, the Department of Health is responsible that the methods employed are not dangerous to the users of the water. [Orig. Op. Page 2] 2. The Washington State Board of Health should promulgate proper rules and regulations pertaining to fluoridation and should enforce such rules and regulations. ANALYSIS Section 1, chapter 116, Laws of 1901 [6001 Rem. Rev. Stat.] gives the Washington State Board of Health broad powers and duties as to the "preservation of the life and health of the people of the state." Sections 290 and 291, chapter 249, Laws of 1909 [2542 and 2543 Rem. Rev. Stat.] and chapter 70, Laws of 1899 [9473, 9475, 9476 and 9477 Rem. Rev. Stat.] contain numerous provisions, both penal and otherwise, designed to insure the purity of water supplies. It is fair to conclude from the documents submitted by you that while the fluoridation of public water supplies is designed to bring about better teeth in the younger generation through the action of the fluoride as a caries prophylactic that the available evidence, while supporting such hypothesis, is at the present time presumptive only. Also, that the proper various amounts of fluoride...