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Board declines petition seeking new fluoride safety rule, cites statutory and resource concerns

Washington State Board of Health · March 12, 2026
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Summary

The State Board of Health declined a petition that would have required the board to apply an 'assurance of safety' standard and disclose sources relied on for drinking-water additives; staff recommended denial as the petition restated statute and would be resource intensive.

The Washington State Board of Health voted to decline a petition from Washington Action for Safe Water and Bill Osmundson that sought rule language asserting an "assurance of safety" standard for substances added to public water.

Shay Bauman, a board policy advisor, recommended denying the petition, saying the requested rule would largely restate statutory duties and that "initiating a formal rulemaking process is resource intensive, time consuming, and it does not make sense to use that process to produce what is essentially a disclosure statement." Board members discussed where responsibility for safety determinations lies and noted ongoing federal reviews and Department of Health work.

Motion and vote: A motion to decline the petition and notify the petitioner was moved and seconded; the board approved the motion by voice vote with no recorded oppositions. Chair Hayes said staff will continue coordination with the Department of Health and monitor federal developments.

Why it matters: Petitioners asked the board to require disclosure of the federal or state authorities the board relies on to determine safety for water additives including fluoride. Staff said the board already operates under RCW 43.20.050 and EPA Safe Drinking Water Act guidance and that formal rulemaking would not change those authorities.

Next steps: Staff will notify the petitioner of the decision and continue scheduled briefings with the Department of Health about related rule and ethics reviews and federal monitoring.