---
kind: "section"
citation: "42 U.S.C. § 300j–23"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300j–23"
heading: "Drinking water coolers containing lead"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300j-23"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XII — Safety of Public Water Systems"
  - "Part F — Additional Requirements To Regulate Safety of Drinking Water"
---

# §300j–23. Drinking water coolers containing lead

- (a) **Publication of lists—** The [Administrator](/usc/42/4005.md?p=1) shall, after notice and opportunity for public comment, identify each brand and model of [drinking water cooler](/usc/42/300j–21.md?p=1) which is not [lead free](/usc/42/300j–21.md?p=2), including each brand and model of [drinking water cooler](/usc/42/300j–21.md?p=1) which has a [lead-lined tank](/usc/42/300j–21.md?p=7). For purposes of identifying the brand and model of [drinking water coolers](/usc/42/300j–21.md?p=1) under this subsection, the [Administrator](/usc/42/4005.md?p=1) shall use the best information available to the Environmental Protection [Agency](/usc/42/8262.md?p=1). Within 100 days after October 31, 1988, the [Administrator](/usc/42/4005.md?p=1) shall publish a list of each brand and model of [drinking water cooler](/usc/42/300j–21.md?p=1) identified under this subsection. Such list shall separately identify each brand and model of cooler which has a [lead-lined tank](/usc/42/300j–21.md?p=7). The [Administrator](/usc/42/4005.md?p=1) shall continue to gather information regarding lead in [drinking water coolers](/usc/42/300j–21.md?p=1) and shall revise and republish the list from time to time as may be appropriate as new information or analysis becomes available regarding lead contamination in [drinking water coolers](/usc/42/300j–21.md?p=1).
- (b) **Prohibition—** No person may sell in interstate commerce, or [manufacture](/usc/42/300aa–33.md?p=3) for sale in interstate commerce, any [drinking water cooler](/usc/42/300j–21.md?p=1) listed under [subsection (a)](#a) or any other [drinking water cooler](/usc/42/300j–21.md?p=1) which is not [lead free](/usc/42/300j–21.md?p=2), including a lead-lined [drinking water cooler](/usc/42/300j–21.md?p=1).
- (c) **Criminal penalty—** Any person who knowingly violates the prohibition contained in [subsection (b)](#b) shall be imprisoned for not more than 5 years, or fined in accordance with [title 18](/usc/18.md), or both.
- (d) **Civil penalty—** The [Administrator](/usc/42/4005.md?p=1) may bring a civil action in the appropriate United States District Court (as determined under the provisions of [title 28](/usc/28.md)) to impose a civil penalty on any person who violates [subsection (b)](#b). In any such action the court may impose on such person a civil penalty of not more than $5,000 ($50,000 in the case of a second or subsequent [violation](/usc/42/2000e–16a.md?p=c)).

## Source credit

(July 1, 1944, ch. 373, title XIV, § 1463, as added Pub. L. 100–572, § 2(a), Oct. 31, 1988, 102 Stat. 2885; amended Pub. L. 104–182, title V, § 501(f)(9), Aug. 6, 1996, 110 Stat. 1692.)

## Notes

### Editorial Notes

### Amendments

1996—Pub. L. 104–182 made technical amendment to section catchline and subsec. (a) designation.