111070. (a) "Bottled water," means any water that is placed in a
sealed container at a water-bottling plant to be used for drinking,
culinary, or other purposes involving a likelihood of the water being
ingested by humans. Bottled water shall not include water packaged
with the approval of the department for use in a public emergency.
(b) "Vended water" means any water that is dispensed by a
water-vending machine, retail water facility, or water from a private
water source, or other water as defined in Section 111170 that is
not placed by a bottler in sealed containers, and that is dispensed
by a water-vending machine, retail water facility, water hauler, or
any other person or facility for drinking, culinary, or other
purposes involving a likelihood of the water being ingested by
humans. "Vended water," does not include water from a public water
system that has not undergone additional treatment. Water sold
without further treatment is not "vended water" and shall be labeled
in accordance with Section 111170.
(c) "Water-bottling plant" means any facility in which bottled
water is produced.
(d) A "water-vending machine" means a water-connected vending
machine designed to dispense drinking water, or purified or other
water products. The machines shall be designed to reduce or remove
turbidity, off-tastes, and odors and to provide disinfection
treatment. Processes for dissolved solids reduction or removal shall
also be used.
(e) "Water hauler," means any person who hauls water in bulk by
any means of transportation if the water is to be used for drinking,
culinary, or other purposes involving a likelihood of the water being
ingested by humans.
"In bulk," as used in this subdivision, means containers having
capacities of 250 gallons or greater.
(f) "Retail water facility" means any commercial establishment
where vended water is sold, and placed in customer's containers, or
placed in containers sold or given to customers who come to the
establishment to obtain water.
(g) "Private water source," means a privately owned source of
water, other than a public water system, that is used for bottled or
vended water and meets the requirements of an approved source for
bottled water as defined in Section 129.3 of Title 21 of the Code of
Federal Regulations.
(h) "Bottled water distributor" means any person, other than an
employee or representative of a bottled water plant, who delivers
bottled water directly to customers.
111071. (a) As a condition of licensure, each bottled water plant,
which has the same meaning as the definition in subdivision (c) of
Section 111070, shall annually prepare a bottled water report and
shall, upon request, make that report available to each customer.
(b) The report shall be prepared in English, Spanish, and in the
appropriate languages for each non-English-speaking group other than
Spanish that exceeds 10 percent of the state's population.
(c) For purposes of complying with this section, when bottled
water comes from a municipal source, the relevant information from
the consumer confidence report or water quality report prepared for
that year by the public water system pursuant to Section 116470 may
be used.
(d) The bottled water report shall include, but not be limited to,
all of the following:
(1) The source of the bottled water, consistent with applicable
state and federal regulations.
(2) A brief and plainly worded definition of the terms "statement
of quality," "maximum contaminant level," "primary drinking water
standard," and "public health goal."
(3) A brief description of the treatment process.
(4) A reference to the United States Food and Drug Administration
Internet Web site that provides product recall information.
(5) The bottled water company's address and telephone number that
enables customers to obtain further information concerning
contaminants and potential health effects.
(6) Information on the levels of unregulated substances, if any,
for which water bottlers are required to monitor pursuant to state or
federal law or regulation.
(7) (A) The following statement:
"Drinking water, including bottled water, may reasonably be
expected to contain at least small amounts of some contaminants. The
presence of contaminants does not necessarily indicate that water
poses a health risk. More information about contaminants and
potential health effects can be obtained by calling the United States
Food and Drug Administration, Food and Cosmetic Hotline
(1-888-723-3366)."
(B) If the telephone number for the United States Food and Drug
Administration, Food and Cosmetic Hotline changes, the statement
shall be updated to reflect the new telephone number.
(8) The following statement:
"Some persons may be more vulnerable to contaminants in drinking
water than the general population. Immuno-compromised persons,
including, but not limited to, persons with cancer who are undergoing
chemotherapy, persons who have undergone organ transplants, persons
with HIV/AIDS or other immune system disorders, some elderly persons,
and infants can be particularly at risk from infections. These
persons should seek advice about drinking water from their health
care providers. The United States Environmental Protection Agency and
the federal Centers for Disease Control and Prevention guidelines on
appropriate means to lessen the risk of infection by cryptosporidium
and other microbial contaminants are available from the Safe
Drinking Water Hotline (1-800-426-4791)."
(9) The following statement:
"The sources of bottled water include rivers, lakes, streams,
ponds, reservoirs, springs, and wells. As water naturally travels
over the surface of the land or through the ground, it can pick up
naturally occurring substances as well as substances that are present
due to animal and human activity.
Substances that may be present in the source water include any of
the following:
(1) Inorganic substances, including, but not limited to, salts
and metals, that can be naturally occurring or result from farming,
urban stormwater runoff, industrial or domestic wastewater
discharges, or oil and gas production.
(2) Pesticides and herbicides that may come from a variety of
sources, including, but not limited to, agriculture, urban stormwater
runoff, and residential uses.
(3) Organic substances that are byproducts of industrial
processes and petroleum production and can also come from gas
stations, urban stormwater runoff, agricultural application, and
septic systems.
(4) Microbial organisms that may come from wildlife, agricultural
livestock operations, sewage treatment plants, and septic systems.
(5) Substances with radioactive properties that can be naturally
occurring or be the result of oil and gas production and mining
activities."
(10) The following statement:
"In order to ensure that bottled water is safe to drink, the
United States Food and Drug Administration and the State Department
of Public Health prescribe regulations that limit the amount of
certain contaminants in water provided by bottled water companies."
(11) (A) The following statement, if nitrate (NO3) levels above 23
ppm but below 45 ppm (the maximum contaminant level for nitrate
(NO3)) are detected:
"Nitrate in drinking water at levels above 45 mg/L is a health
risk for infants of less than six months of age. These nitrate levels
in drinking water can interfere with the capacity of the infant's
blood to carry oxygen, resulting in a serious illness. Symptoms
include shortness of breath and blueness of the skin. Nitrate levels
above 45 mg/L may also affect the ability of the blood to carry
oxygen in other individuals, including, but not limited to, pregnant
women and those with certain specific enzyme deficiencies. If you are
caring for an infant, or you are pregnant, you should ask advice
from your health care provider."
(B) If the nitrate disclosure requirements for municipal water
suppliers are revised by the State Department of Public Health, this
statement shall be updated to reflect the revision.
(12) (A) The following statement, if arsenic levels above 5 ppb,
but below 10 ppb (the maximum contaminant level for arsenic), are
detected:
"Arsenic levels above 5 ppb and up to 10 ppb are present in your
drinking water. While your drinking water meets the current EPA
standard for arsenic, it does contain low levels of arsenic. The
standard balances the current understanding of arsenic's possible
health effects against the costs of removing arsenic from drinking
water. The State Department of Public Health continues to research
the health effects of low levels of arsenic, which is a mineral known
to cause cancer in humans at high concentrations and is linked to
other health effects, including, but not limited to, skin damage and
circulatory problems."
(B) If the arsenic disclosure requirements for municipal water
suppliers are revised by the State Department of Public Health, this
statement shall be updated to reflect the revision.
(13) A full disclosure of any exemption or variance that has been
granted to the bottler by the State Department of Public Health,
including an explanation of reasons for each exemption or variance
and the date of the exemption or variance.
111075. (a) Any person who processes, packages, distributes,
transfers, or stores bottled water or vended water shall comply with
the good manufacturing practices described in Part 129 of Title 21 of
the Code of Federal Regulations.
(b) Prior to bottling or vending water, the water shall be
subjected to filtration and effective germicidal treatment by ozone,
ultraviolet, carbon dioxide, or an equivalent disinfection process
approved by the department, except that the requirements for
filtration and germicidal treatment shall not apply to mineral water
as defined in and from a source that is subject to the council
directive of the European Economic Community pertaining to natural
mineral waters, dated July 15, 1980, or that is subject to any other
natural mineral water standard in the country of origin that
prohibits filtration and germicidal treatment, so long as both of the
following conditions are met:
(1) The source and product are certified by the responsible
authority in the country of origin as complying with microbiological
standards at least equal to the standards of this article.
(2) The product complies with microbiological standards of this
article.
(c) Bottled or vended water that originates from a surface water
source that is not protected from surface contamination shall be
subjected to ozonation, filtration, or another effective process that
removes or destroys the cysts of the parasite Giardia lamblia. For
the purposes of this section, a spring house, catchment basin,
storage tank, or bore hole adjacent to a natural spring water source
as defined in paragraphs (3) and (8) of subdivision (e) of Section
111170, is not a surface water source.
(d) Ollas or other water-holding dispensers, both refrigerated and
nonrefrigerated, water-vending machines, and water dispensers in
retail water facilities, shall be examined for cleanliness each time
they are serviced by the distributor, bottler, retail water facility,
or water-vending machine operator. When necessary, these dispensers
shall be sanitized according to the methods described in Part 129 of
Title 21 of the Code of Federal Regulations.
(e) Sanitary operations, equipment procedures, and process
controls used in the treatment, storage, transport, or dispensing of
water at a retail water facility shall comply with the good
manufacturing practices described in the following provisions of Part
129 of Title 21 of the Code of Federal Regulations: subdivisions (a)
to (c), inclusive, of Section 129.37; Section 129.40; and
subdivisions (a), (c), (d), and (h) of Section 129.80.
(f) Sanitary operations, equipment, procedures, and process
controls used in the treatment, storage, transfer, transport, or
dispensing of water by water haulers, shall comply with the good
manufacturing practices described in the following provisions of Part
129 of Title 21 of the Code of Federal Regulations: subdivisions (a)
and (b) of Section 129.37; Section 129.40; and subdivisions (a),
(c), (d), and (h) of Section 129.89.
(g) The design and construction of wells, bore holes, catchment
basins, spring houses, storage tanks, or other water-contact
equipment used by private water sources shall comply with the
requirements of the local regulatory authority. Sanitary operations,
equipment procedures, and transfer controls used in the treatment,
storage, transfer, or dispensing of water by private water source
operators shall comply with the good manufacturing practices
described in the following provisions of Part 129 of Title 21 of the
Code of Federal Regulations: subdivision (a) of Section 129.37;
Section 129.40; and subdivisions (a), (c), (d), (g), and (h) of
Section 129.80.
(h) Bottled water may be processed through lines used also for
other food products under the following conditions:
(1) Process lines, including storage tanks and associated
equipment, shall be used exclusively for the production of bottled
water, except for filling equipment, that may be used also for
filling other food products.
(2) Before being used for the bottling of water, filling equipment
that is designed to be cleaned in-place and that is used for filling
other food products shall be thoroughly cleansed and sanitized
in-place in accordance with the manufacturer's specifications and in
compliance with Section 129.80 of Title 21 of the Code of Federal
Regulations and the supplementary procedures that follow in
paragraphs (3) to (7), inclusive, of this section.
(3) Immediately following completion of filling operations for any
other food product other than water, the filler shall be thoroughly
rinsed internally and externally with potable water.
(4) In accordance with filler manufacturer's instructions, any
parts that are not designed to be cleaned in-place shall be
disassembled and removed. All of these parts shall be cleansed and
sanitized prior to reassembly using appropriate cleansing and
sanitizing procedures, as specified in subdivisions (c) and (d) of
Section 129.80 of Title 21 of the Code of Federal Regulations.
(5) All surfaces of the filler that do not contact food products
shall be cleaned manually so as to render all surfaces clean and free
of any residues.
(6) The filler shall be prepared and all appropriate connections
made in accordance with the filler manufacturer's instructions to
place the filler in the clean-in-place mode. The following procedures
shall be followed:
(A) An alkaline cleaning solution of appropriate strength shall be
recirculated through the filler to provide effective cleaning of all
product contact surfaces, with a minimum recirculation time of 20
minutes at a temperature between 140 and 170 degrees Fahrenheit.
(B) The cleaning solution shall be drained and followed with a
potable water rinse-to-drain for the removal of all residual cleaner
alkalinity. This step may be supplemented by the application of an
acidified rinse prior to the potable water rinse in order to
neutralize any residual alkalinity on product contact surfaces.
(7) Following reassembly of all parts to place the filler into the
product mode and just prior to bottling water, the filler shall be
sanitized in-place in accordance with procedures specified in
subdivision (d) of Section 129.80 of Title 21 of the Code of Federal
Regulations.
(8) Any alternate cleaning, rinsing, or sanitizing operations or
processes not described in this section shall be approved in writing
by the department.
(i) Bottled water and bulk waters sold at retail shall not contact
equipment, lines, tanks, or vehicles used for processing, packaging,
holding, or hauling of any nonfood product.
111080. The quality and labeling standards requirements for bottled
water and vended water, including mineral water, shall include all
standards prescribed by Section 165.110 of Title 21 of the Code of
Federal Regulations. In addition, bottled water and vended water,
when bottled, shall comply with the following quality standards and
any additional quality standards adopted by regulation that the
department determines are reasonably necessary to protect the public
health:
(a) Bottled water and vended water shall meet all maximum
contaminant levels set for public drinking water that the department
determines are necessary or appropriate so that bottled water may
present no adverse effect on public health. New or revised allowable
levels or monitoring provisions adopted for bottled water by the
United States Food and Drug Administration under the federal Food,
Drug and Cosmetic Act that are more stringent than the state
requirements for bottled water are incorporated into this chapter and
are effective on the date established by the federal provisions
unless otherwise established by regulations of the department.
(b) Bottled and vended water shall not exceed 10 parts per billion
of total trihalomethanes or five parts per billion of lead unless
the department establishes a lower level by regulation.
(c) Bottled and vended water shall contain no chemicals in
concentrations that the United States Food and Drug Administration or
the state department has determined may have an adverse effect on
public health.
111085. Polycarbonate resins manufactured after January 1, 1988,
and intended for use in fabricating containers for water products
defined in this article shall not contain in excess of three parts
per million residual methylene chloride or in excess of 200 parts per
million residual monochlorobenzene unless the department establishes
a lower level by regulation. For the purpose of monitoring
compliance with this section, the concentration of methylene chloride
and monochlorobenzene shall not exceed one part per billion in
water. "Polycarbonate resins" means the substances defined by Section
177.1580 of Title 21 of the Code of Federal Regulations except as
modified by this section.
111090. Any owner or operator of a water-vending machine or other
device from which any operator or customer dispenses vended water
shall comply with the following standards of design, construction and
sanitation and any additional standards adopted by regulation that
the department determines are reasonably necessary to protect the
public health. The water-vending machines or devices shall do all of
the following:
(a) Comply with the construction and performance standards
established by the department or by an independent authority approved
by the department.
(b) Be designed and constructed to permit easy cleaning and
maintenance of all exterior and interior surfaces.
(c) Have all parts and surfaces that come into contact with the
water constructed of approved, corrosive-resistant and nonabsorbent
material capable of withstanding repeated cleaning and sanitizing
treatment.
(d) Have a recessed or guarded corrosion-resistant dispensing
spout.
(e) Be designed so that all treatment of the vended water by
distillation, ion exchange, filtration, ultraviolet light, reverse
osmosis, mineral addition, or any other acceptable process is done in
an effective manner.
(f) Have an effective system of handling drip, spillage, and
overflow of water.
(g) Have a backflow prevention device approved by the department
for all connections with the water supply.
(h) Dispense water disinfected by ultraviolet light or other
method approved by the department prior to delivery into the customer'
s container.
(i) Be equipped with monitoring devices designed to shutdown
operation of the machine when the disinfection unit fails to
function, or shall be monitored daily at startup and manually
shutdown whenever the unit fails to function.
(j) Be equipped with a self-closing, tight-fitting door on the
vending compartment, or enclosing the vending spout to protect the
vending spout when the water-vending machine is not in use. As an
alternative, water-vending machines or other water-dispensing devices
may be enclosed in a room with tight-fitting walls, ceilings, and
one of the following: a self-closing door, an effective air screen
device, or an alternative effective device approved by the
department.
(k) Comply with the American Water Works Association (AWWA)
specifications for granular activated carbon if used in the treatment
of potable water (AWWA B604-74).
( l) Be maintained in a clean and sanitary condition, free from
dirt and vermin.
(m) Use a state approved and regulated public water supply or
private water source.
(n) Be located in an area that can be maintained in a clean
condition and in a manner that avoids insect and rodent harborage.
(o) Be equipped with monitoring devices designed to shut down the
labeled purified water delivery system if treatment of water by the
machine does not result in a total dissolved solids content of less
than 10 milligrams per liter in the purified water. Alternatively,
machines shall be monitored daily at startup and manually shutdown
whenever the total dissolved solids content exceeds 10 milligrams per
liter in the purified water.
111095. It shall be unlawful to operate a bottled plant water
plant, water-vending machine, retail water facility, or private water
source in violation of the minimum health standards of this article.
111100. It is unlawful for any person to operate a water vending
machine in this state that does not satisfy the minimum standards
prescribed by this article for the design, construction, and
sanitation of water-vending machines.
111105. The department, upon the request of a local health officer,
may authorize the local health officer to implement and enforce
those provisions of this article that relate to water-vending
machines, retail water facilities, and water haulers under the terms
and conditions specified by the department.
111110. No water-vending machine shall be used in this state that
does not at least satisfy the minimum standards adopted by the
department.
111115. (a) Each water-vending machine, retail water treatment
plant, water hauler vehicle and facility, and private water source
shall be maintained in a clean and sanitary condition at all times.
(b) (1) The department shall require that water-vending machines
be cleaned, serviced, and sanitized in accordance with the
manufacturer's specifications, but at least once every 31 days.
(2) Inspection records shall be kept for every visit made by
either the operator or the maintenance personnel pursuant to this
subdivision. These records shall show the date and time of the visit,
any tests performed, any maintenance performed, and the signature or
electronic signature of the operator or maintenance personnel. The
records shall be kept by the owner of the water-vending machine for a
minimum of two years and shall be made available to the department
upon request.
(c) A record of any consumer complaints shall be kept on file with
the owner of the water-vending machine for a minimum of two years,
and shall be made available to the department upon request.
(d) If the department determines that there is a violation of this
article, the department may do either or both of the following:
(1) Embargo the machine pursuant to Section 111860.
(2) Impose a fine, as determined appropriate by the department.
(e) (1) The department shall, annually, conduct inspections of not
less than 20 percent of the licensed water-vending machines in the
state and shall include both rural and urban counties. The selection
of these machines shall be dependent on the state of the machine and
the quality of the water source, and any other factors as determined
by the department.
(2) The department may perform, within 12 months of the initial
violation, one or more reinspections of each water-vending machine or
water retailer that is found to be in violation of this section as
necessary to prevent repeated or continuing violations. The
department shall charge a fee to the owner to cover the costs of
performing the reinspections. The fee shall not exceed the full cost
of performing the reinspections up to a maximum of one hundred
dollars ($100) per hour.
(f) Subdivisions (b) to (e), inclusive, shall become operative
January 1, 2009.
111120. (a) No person shall operate a water-bottling plant, a
private water source, or be a bottled water distributor in this state
except pursuant to a license issued by the department. If a person
has a valid water-bottling plant license issued by the department,
additional license fees for a private water source operator, a retail
water facility, a water hauler, or a bottled water distributor based
and operating at the same address, shall not be required.
(b) No person shall own or operate a water-vending machine or a
retail water facility or be a water hauler, except pursuant to a
license issued by the department or to a permit issued by a local
health department.
(c) It shall be unlawful for any person to bottle, collect, treat,
hold, distribute, haul, vend, or sell bottled water, vended water,
operate a retail water facility, or operate a private water source
without the license as required by this article. Any bottled water or
vended water dispensed by a retail water facility or a private water
source that is not licensed in compliance with this article is
misbranded and may be embargoed pursuant to subdivision (e) of
Section 111120.
(d) It shall be unlawful for a water bottler, distributor, vendor,
retail water facility operator, or private water source operator to
sell or otherwise distribute water that is adulterated, as defined in
Section 110445, 110545, 110560, or 110565, or that is misbranded as
defined in Article 6 (commencing with Section 110660) of Chapter 5.
(e) For the purposes of enforcing this section, water may be
embargoed pursuant to Section 111860 in its immediate container,
well, spring, spring vault, holding tank, water hauling vehicle,
retail water treatment system, spigot, or pipe if there is reasonable
cause to believe that it is adulterated.
(f) Any retail water facility, water vendor, or water hauler that
violates this article may be subjected to the same penalty and
enforcement procedure provided for violation of this article by a
water bottling facility.
111125. No bottled water produced in an out-of-state bottling plant
shall be sold or distributed within this state unless either the
out-of-state bottler or the distributor shall have first obtained a
bottler's or distributor's license.
111130. (a) The department shall charge and collect a fee for each
license application submitted in accordance with the fee schedule in
Table 1, that shall be an amount reasonably necessary to produce
sufficient revenue to enforce this article. The fees collected shall
be adjusted annually as required by Section 100425. New applicants
for a water bottling plant license shall pay Category 2 fees for the
first license year.
(b) The water-bottling plant and bottled water distributor
categories shall be determined by dividing by 52 the number of
gallons produced or shipped into California during the previous year.
If the result is an average of 5,000 gallons or less per week, the
firm is Category 1. If the average exceeds 5,000 gallons per week,
the firm is Category 2.
Table
1
License Fees
License Class Annual Fee
Water-Bottling
Plant $310
Category 1
Category 2 875
Water-Vending Machine 40
Water Hauler 310
Retail Water Facility 310
Private Water Source 310
Operator
Bottled Water Distributor 310
(c) The owners or operators of each water-bottling plant, retail
water facility, private water source, each water hauler in California
and bottlers or distributors of water bottled out-of-state shall
make application for a license on forms provided by the department.
Applications and license fees shall be submitted annually. Applicants
shall provide to the department, in electronic format, the serial
number of each machine, and the street address, city, ZIP Code, and
county where the machine is located.
(d) Each water-vending machine owner or operator shall make
application annually for a license for all machines on forms provided
by the department. A decal or seal provided by the department
indicating a license fee has been paid shall be affixed in a
prominent place to each water-vending machine in service. The duty to
display the decal or seal shall apply only on and after the decal
has been received by the operator.
111135. The department may deny any license application or revoke
or suspend any license issued for cause. The department shall inform
the person of any denial, revocation, or suspension in writing,
stating with particularity reasons for the denial, revocation, or
suspension.
"Cause," as used in this section, means a violation of any
provision of this chapter or any regulation adopted pursuant thereto.
111140. The department shall charge and collect a fee for each
department evaluation required to issue a new license for a
water-vending machine model or a retail water facility to determine
compliance with standards established by this article. The fee shall
be three hundred dollars ($300) and shall be adjusted annually as
required by Section 100425.
111145. (a) The department shall require each bottler, distributor,
or vendor of bottled water, each owner or operator of any
water-vending machine, each water hauler, each retail water facility
operator, each private water source operator, and each applicant for
a license, to test for all substances necessary to establish
conformance to standards adopted pursuant to Section 111080 at the
times and frequencies the department may reasonably establish.
(b) Each product dispensed by a water-vending machine or a retail
water facility shall be sampled and analyzed for coliform bacteria at
least once every six months. The analysis shall be submitted to the
department indicating whether the water is pure and wholesome.
Analysis of vended water or water from retail water facilities shall
be submitted to the local health officers if the local health
officers are authorized by the department pursuant to subdivision (b)
of Section 111105.
(c) Purified waters from retail water facilities shall be analyzed
by the operator for dissolved solids by conductivity measurement not
less frequently than once every seven days.
(d) Purified water from vending machines shall be analyzed by the
operator for the dissolved solids by conductivity measurement each
time the vending machine is serviced.
111150. (a) All sources of bottled water, vended water, and water
dispensed by a retail water facility shall be monitored annually for
the presence of volatile organic compounds of potential public health
concern, as specified by the United States Environmental Protection
Agency in Tables 2 and 14 contained in Volume 50 of the Federal
Register on pages 46904, 46923, and 46924 on November 13, 1985, or as
reasonably specified by the department as a condition of licensure.
(b) In lieu of source water monitoring required by this section, a
water bottler, water vendor, or a retail water facility may document
that the source monitoring required by this section is conducted by
another entity approved by the department, or may comply with the
treatment requirements of subdivision (c).
(c) Detection in the source water of a volatile organic compound,
except trihalomethanes, for which source monitoring is required
pursuant to this section shall be followed immediately by a program
of periodic monitoring by the water bottler, water vendor, or retail
water facility to confirm the presence or absence in the source water
of the volatile organic compound. If the volatile organic compound
is confirmed to be present in the source water it shall be treated
using granular activated carbon treatment or an equivalent treatment
operated in accordance with good manufacturing practices as provided
in Section 129.80 of Title 21 of the Code of Federal Regulations
until the time that the concentration of the volatile organic
compound does not exceed either one part per billion, or any United
States Environmental Protection Agency or United States Food and Drug
Administration level for drinking water, or a maximum contaminant
level established by the department for bottled water.
(d) The department may exempt any water bottler, water vendor, or
retail water facility from the monitoring requirements of this
section for any source based on a showing satisfactory to the
department that the source (1) does not contain the volatile organic
compound for which monitoring is required and (2) is not vulnerable
to contamination by the volatile organic compound because for surface
water sources the compounds are not applied, manufactured, stored,
disposed or shipped upstream, and for groundwater sources, the
compounds are not applied, manufactured, stored, disposed, or shipped
in the groundwater recharge basin.
111155. Notwithstanding any other provisions of this article, the
department may require any bottler, distributor, or vendor of bottled
water, any owner or operator of a water-vending machine, any water
hauler, any retail water facility operator, any private water source
operator, or any applicant for a license to test and submit results
to the department for any substance, including organic chemical
contaminants, at any time that the department believes the substance
may be present in the water source and threaten the public health.
111160. (a) Upon a determination by the department that a
particular water source is subject to potential contamination, the
department shall notify the bottler, distributor, or vendor of
bottled water, the owner and operator of any water-vending machine,
any water hauler, any retail water facility operator, or any private
water source operator of the specific contaminants or class of
contaminants that pose a potential health risk.
(b) Within 90 days after notification by the department, the
bottler, distributor, vendor of bottled water, the owner and operator
of any water-vending machine, any water hauler, any retail water
facility operator, or any private water source operator shall conduct
an analysis of the water source and submit the results of the
analysis to the department.
(c) If evidence of contamination is found, the department may, by
order, require the bottler, distributor, vendor of bottled water, or
the owner and operator of any water-vending machine, any water
hauler, any retail water facility operator, or any private water
source operator to conduct a source and product water analysis for
the contaminants of concern in accordance with conditions specified
by the department. The water analysis shall be conducted and reported
on an annual basis, unless the department finds that reasonable
action requires either more frequent or less frequent analysis.
(d) The department may, by order, require the bottler,
distributor, vendor of bottled water, the owner and operator of any
water-vending machine, any water hauler, any retail water facility
operator, or any private water source operator to reduce or eliminate
the concentration of any chemical that the department determines may
have an adverse effect on public health. Until an enforceable
standard has been established for a chemical that may have an adverse
effect on human health, the department may require treatment
techniques to reduce the concentration of the contaminants that
require treatment, in the department's judgment, to prevent known or
anticipated adverse effects on the health of persons. The treatment
system shall be designed to meet criteria designated by the
department or by an independent authority approved by the department.
(e) The department may grant variances from the requirements of
subdivision (d), if the bottler, distributor, vendor of bottled
water, the owner and operator of any water-vending machine, any water
hauler, any retail water facility operator, or any private water
source operator demonstrates either of the following:
(1) That the prescribed treatment technique is not necessary to
protect the health of consumers because its water source is not
subject to, nor is it likely to be subject to, significant chemical
contamination.
(2) An alternative treatment technique is at least as efficient in
lowering the level of contaminants to be controlled.
111165. All testing of bottled water, bottled water sources, water
distributed by water haulers, water from retail water facility, and
water from vending machines shall be done by laboratories approved by
the department, laboratories certified by the United States
Environmental Protection Agency, laboratories certified by the
primary enforcement authority in states that have been granted
primacy by the United States Environmental Protection Agency, or
laboratories certified (accredited) by a third-party organization
acceptable to a primacy state.
111170. (a) Labeling and advertising of bottled water and vended
water shall conform with this section, Chapter 4 (commencing with
Section 110290), and applicable portions of Part 101 of Title 21 of
the Code of Federal Regulations.
(b) Each container of bottled water sold in this state, each
water-vending machine, and each container provided by retail water
facilities located in this state shall be clearly labeled in an
easily readable format. Retail water facilities that do not provide
labeled containers shall post, in a location readily visible to
consumers, a sign conveying required label information.
(c) Water-vending machines, retail water facilities, and private
water sources that sell water at retail shall display in a position
clearly visible to customers the following information:
(1) The name and address of the operator.
(2) The fact that the water is obtained from an approved public
water supply or licensed private water source.
(3) A statement describing the treatment process used.
(4) If no treatment process is utilized, a statement to that
effect.
(5) A toll-free telephone number or a local telephone number
within the area code in which the machine is located that may be
called for further information, service, or complaints, and the
toll-free telephone number of the department's food and drug branch
that may be called for complaints or questions.
(6) A sign or label indicating the date on which the water-vending
machine was last sanitized and serviced by the operator or
maintenance personnel as required pursuant to paragraph (1) of
subdivision (b) of Section 111115.
(7) A notice to consumers listing the industry's recommendations
for the type and condition of container suitable for use with the
water-vending machine.
(8) A valid decal or seal received from the department indicating
that a license fee has been paid and a license issued for the
water-vending machine as set forth in subdivision (d) of Section
111130.
(d) The information required pursuant to subdivision (c) shall be
displayed in both English and Spanish.
(e) Bottled water may be labeled "drinking water," notwithstanding
the source or characteristics of the water, only if it is processed
pursuant to the Food and Drug Administration Good Manufacturing
Practices contained in Section 165.110 and Parts 110 and 129 of Title
21 of the Code of Federal Regulations, Sections 12235 to 12285,
inclusive, of Title 17 of the California Code of Regulations, and any
other requirements established by the department pursuant to
Sections 111145, 111150, and 111155. Any vended water and any water
from a retail water facility may be labeled "drinking water,"
notwithstanding the source or characteristics of the water, only if
it is processed pursuant to Article 10 (commencing with Section
114200) of Chapter 4 of Part 7 and any other requirements established
by the department pursuant to Sections 111145, 111150, and 111155.
(f) Each container of bottled water sold at retail or wholesale in
this state in a beverage container shall include on its label, or on
an additional label affixed to the bottle, or on a package insert or
attachment, all the following:
(1) The name and contact information for the bottler or brand
owner.
(2) The source of the bottled water, in compliance with applicable
state and federal regulations.
(3) A clear and conspicuous statement that informs consumers about
how to access water quality information contained in the bottled
water report required by Section 111071.
(A) The statement shall contain all of the following:
(i) It shall include the term "water quality and information"
appropriately, while informing customers about methods of gaining
access to the full bottled water report.
(ii) It shall provide a telephone number, where information can be
requested from the bottled water company and one other means of
contact for the bottled water company, including, but not limited to,
a mailing address, e-mail address, or the bottled water company's
Web site.
(B) The following statement may be used to fulfill the
requirements of this paragraph:
"For more information and to obtain additional consumer
information relating to water quality, including a bottled water
report, contact
111070. (a) "Bottled water," means any water that is placed in a
sealed container at a water-bottling plant to be used for drinking,
culinary, or other purposes involving a likelihood of the water being
ingested by humans. Bottled water shall not include water packaged
with the approval of the department for use in a public emergency.
(b) "Vended water" means any water that is dispensed by a
water-vending machine, retail water facility, or water from a private
water source, or other water as defined in Section 111170 that is
not placed by a bottler in sealed containers, and that is dispensed
by a water-vending machine, retail water facility, water hauler, or
any other person or facility for drinking, culinary, or other
purposes involving a likelihood of the water being ingested by
humans. "Vended water," does not include water from a public water
system that has not undergone additional treatment. Water sold
without further treatment is not "vended water" and shall be labeled
in accordance with Section 111170.
(c) "Water-bottling plant" means any facility in which bottled
water is produced.
(d) A "water-vending machine" means a water-connected vending
machine designed to dispense drinking water, or purified or other
water products. The machines shall be designed to reduce or remove
turbidity, off-tastes, and odors and to provide disinfection
treatment. Processes for dissolved solids reduction or removal shall
also be used.
(e) "Water hauler," means any person who hauls water in bulk by
any means of transportation if the water is to be used for drinking,
culinary, or other purposes involving a likelihood of the water being
ingested by humans.
"In bulk," as used in this subdivision, means containers having
capacities of 250 gallons or greater.
(f) "Retail water facility" means any commercial establishment
where vended water is sold, and placed in customer's containers, or
placed in containers sold or given to customers who come to the
establishment to obtain water.
(g) "Private water source," means a privately owned source of
water, other than a public water system, that is used for bottled or
vended water and meets the requirements of an approved source for
bottled water as defined in Section 129.3 of Title 21 of the Code of
Federal Regulations.
(h) "Bottled water distributor" means any person, other than an
employee or representative of a bottled water plant, who delivers
bottled water directly to customers.
111071. (a) As a condition of licensure, each bottled water plant,
which has the same meaning as the definition in subdivision (c) of
Section 111070, shall annually prepare a bottled water report and
shall, upon request, make that report available to each customer.
(b) The report shall be prepared in English, Spanish, and in the
appropriate languages for each non-English-speaking group other than
Spanish that exceeds 10 percent of the state's population.
(c) For purposes of complying with this section, when bottled
water comes from a municipal source, the relevant information from
the consumer confidence report or water quality report prepared for
that year by the public water system pursuant to Section 116470 may
be used.
(d) The bottled water report shall include, but not be limited to,
all of the following:
(1) The source of the bottled water, consistent with applicable
state and federal regulations.
(2) A brief and plainly worded definition of the terms "statement
of quality," "maximum contaminant level," "primary drinking water
standard," and "public health goal."
(3) A brief description of the treatment process.
(4) A reference to the United States Food and Drug Administration
Internet Web site that provides product recall information.
(5) The bottled water company's address and telephone number that
enables customers to obtain further information concerning
contaminants and potential health effects.
(6) Information on the levels of unregulated substances, if any,
for which water bottlers are required to monitor pursuant to state or
federal law or regulation.
(7) (A) The following statement:
"Drinking water, including bottled water, may reasonably be
expected to contain at least small amounts of some contaminants. The
presence of contaminants does not necessarily indicate that water
poses a health risk. More information about contaminants and
potential health effects can be obtained by calling the United States
Food and Drug Administration, Food and Cosmetic Hotline
(1-888-723-3366)."
(B) If the telephone number for the United States Food and Drug
Administration, Food and Cosmetic Hotline changes, the statement
shall be updated to reflect the new telephone number.
(8) The following statement:
"Some persons may be more vulnerable to contaminants in drinking
water than the general population. Immuno-compromised persons,
including, but not limited to, persons with cancer who are undergoing
chemotherapy, persons who have undergone organ transplants, persons
with HIV/AIDS or other immune system disorders, some elderly persons,
and infants can be particularly at risk from infections. These
persons should seek advice about drinking water from their health
care providers. The United States Environmental Protection Agency and
the federal Centers for Disease Control and Prevention guidelines on
appropriate means to lessen the risk of infection by cryptosporidium
and other microbial contaminants are available from the Safe
Drinking Water Hotline (1-800-426-4791)."
(9) The following statement:
"The sources of bottled water include rivers, lakes, streams,
ponds, reservoirs, springs, and wells. As water naturally travels
over the surface of the land or through the ground, it can pick up
naturally occurring substances as well as substances that are present
due to animal and human activity.
Substances that may be present in the source water include any of
the following:
(1) Inorganic substances, including, but not limited to, salts
and metals, that can be naturally occurring or result from farming,
urban stormwater runoff, industrial or domestic wastewater
discharges, or oil and gas production.
(2) Pesticides and herbicides that may come from a variety of
sources, including, but not limited to, agriculture, urban stormwater
runoff, and residential uses.
(3) Organic substances that are byproducts of industrial
processes and petroleum production and can also come from gas
stations, urban stormwater runoff, agricultural application, and
septic systems.
(4) Microbial organisms that may come from wildlife, agricultural
livestock operations, sewage treatment plants, and septic systems.
(5) Substances with radioactive properties that can be naturally
occurring or be the result of oil and gas production and mining
activities."
(10) The following statement:
"In order to ensure that bottled water is safe to drink, the
United States Food and Drug Administration and the State Department
of Public Health prescribe regulations that limit the amount of
certain contaminants in water provided by bottled water companies."
(11) (A) The following statement, if nitrate (NO3) levels above 23
ppm but below 45 ppm (the maximum contaminant level for nitrate
(NO3)) are detected:
"Nitrate in drinking water at levels above 45 mg/L is a health
risk for infants of less than six months of age. These nitrate levels
in drinking water can interfere with the capacity of the infant's
blood to carry oxygen, resulting in a serious illness. Symptoms
include shortness of breath and blueness of the skin. Nitrate levels
above 45 mg/L may also affect the ability of the blood to carry
oxygen in other individuals, including, but not limited to, pregnant
women and those with certain specific enzyme deficiencies. If you are
caring for an infant, or you are pregnant, you should ask advice
from your health care provider."
(B) If the nitrate disclosure requirements for municipal water
suppliers are revised by the State Department of Public Health, this
statement shall be updated to reflect the revision.
(12) (A) The following statement, if arsenic levels above 5 ppb,
but below 10 ppb (the maximum contaminant level for arsenic), are
detected:
"Arsenic levels above 5 ppb and up to 10 ppb are present in your
drinking water. While your drinking water meets the current EPA
standard for arsenic, it does contain low levels of arsenic. The
standard balances the current understanding of arsenic's possible
health effects against the costs of removing arsenic from drinking
water. The State Department of Public Health continues to research
the health effects of low levels of arsenic, which is a mineral known
to cause cancer in humans at high concentrations and is linked to
other health effects, including, but not limited to, skin damage and
circulatory problems."
(B) If the arsenic disclosure requirements for municipal water
suppliers are revised by the State Department of Public Health, this
statement shall be updated to reflect the revision.
(13) A full disclosure of any exemption or variance that has been
granted to the bottler by the State Department of Public Health,
including an explanation of reasons for each exemption or variance
and the date of the exemption or variance.
111075. (a) Any person who processes, packages, distributes,
transfers, or stores bottled water or vended water shall comply with
the good manufacturing practices described in Part 129 of Title 21 of
the Code of Federal Regulations.
(b) Prior to bottling or vending water, the water shall be
subjected to filtration and effective germicidal treatment by ozone,
ultraviolet, carbon dioxide, or an equivalent disinfection process
approved by the department, except that the requirements for
filtration and germicidal treatment shall not apply to mineral water
as defined in and from a source that is subject to the council
directive of the European Economic Community pertaining to natural
mineral waters, dated July 15, 1980, or that is subject to any other
natural mineral water standard in the country of origin that
prohibits filtration and germicidal treatment, so long as both of the
following conditions are met:
(1) The source and product are certified by the responsible
authority in the country of origin as complying with microbiological
standards at least equal to the standards of this article.
(2) The product complies with microbiological standards of this
article.
(c) Bottled or vended water that originates from a surface water
source that is not protected from surface contamination shall be
subjected to ozonation, filtration, or another effective process that
removes or destroys the cysts of the parasite Giardia lamblia. For
the purposes of this section, a spring house, catchment basin,
storage tank, or bore hole adjacent to a natural spring water source
as defined in paragraphs (3) and (8) of subdivision (e) of Section
111170, is not a surface water source.
(d) Ollas or other water-holding dispensers, both refrigerated and
nonrefrigerated, water-vending machines, and water dispensers in
retail water facilities, shall be examined for cleanliness each time
they are serviced by the distributor, bottler, retail water facility,
or water-vending machine operator. When necessary, these dispensers
shall be sanitized according to the methods described in Part 129 of
Title 21 of the Code of Federal Regulations.
(e) Sanitary operations, equipment procedures, and process
controls used in the treatment, storage, transport, or dispensing of
water at a retail water facility shall comply with the good
manufacturing practices described in the following provisions of Part
129 of Title 21 of the Code of Federal Regulations: subdivisions (a)
to (c), inclusive, of Section 129.37; Section 129.40; and
subdivisions (a), (c), (d), and (h) of Section 129.80.
(f) Sanitary operations, equipment, procedures, and process
controls used in the treatment, storage, transfer, transport, or
dispensing of water by water haulers, shall comply with the good
manufacturing practices described in the following provisions of Part
129 of Title 21 of the Code of Federal Regulations: subdivisions (a)
and (b) of Section 129.37; Section 129.40; and subdivisions (a),
(c), (d), and (h) of Section 129.89.
(g) The design and construction of wells, bore holes, catchment
basins, spring houses, storage tanks, or other water-contact
equipment used by private water sources shall comply with the
requirements of the local regulatory authority. Sanitary operations,
equipment procedures, and transfer controls used in the treatment,
storage, transfer, or dispensing of water by private water source
operators shall comply with the good manufacturing practices
described in the following provisions of Part 129 of Title 21 of the
Code of Federal Regulations: subdivision (a) of Section 129.37;
Section 129.40; and subdivisions (a), (c), (d), (g), and (h) of
Section 129.80.
(h) Bottled water may be processed through lines used also for
other food products under the following conditions:
(1) Process lines, including storage tanks and associated
equipment, shall be used exclusively for the production of bottled
water, except for filling equipment, that may be used also for
filling other food products.
(2) Before being used for the bottling of water, filling equipment
that is designed to be cleaned in-place and that is used for filling
other food products shall be thoroughly cleansed and sanitized
in-place in accordance with the manufacturer's specifications and in
compliance with Section 129.80 of Title 21 of the Code of Federal
Regulations and the supplementary procedures that follow in
paragraphs (3) to (7), inclusive, of this section.
(3) Immediately following completion of filling operations for any
other food product other than water, the filler shall be thoroughly
rinsed internally and externally with potable water.
(4) In accordance with filler manufacturer's instructions, any
parts that are not designed to be cleaned in-place shall be
disassembled and removed. All of these parts shall be cleansed and
sanitized prior to reassembly using appropriate cleansing and
sanitizing procedures, as specified in subdivisions (c) and (d) of
Section 129.80 of Title 21 of the Code of Federal Regulations.
(5) All surfaces of the filler that do not contact food products
shall be cleaned manually so as to render all surfaces clean and free
of any residues.
(6) The filler shall be prepared and all appropriate connections
made in accordance with the filler manufacturer's instructions to
place the filler in the clean-in-place mode. The following procedures
shall be followed:
(A) An alkaline cleaning solution of appropriate strength shall be
recirculated through the filler to provide effective cleaning of all
product contact surfaces, with a minimum recirculation time of 20
minutes at a temperature between 140 and 170 degrees Fahrenheit.
(B) The cleaning solution shall be drained and followed with a
potable water rinse-to-drain for the removal of all residual cleaner
alkalinity. This step may be supplemented by the application of an
acidified rinse prior to the potable water rinse in order to
neutralize any residual alkalinity on product contact surfaces.
(7) Following reassembly of all parts to place the filler into the
product mode and just prior to bottling water, the filler shall be
sanitized in-place in accordance with procedures specified in
subdivision (d) of Section 129.80 of Title 21 of the Code of Federal
Regulations.
(8) Any alternate cleaning, rinsing, or sanitizing operations or
processes not described in this section shall be approved in writing
by the department.
(i) Bottled water and bulk waters sold at retail shall not contact
equipment, lines, tanks, or vehicles used for processing, packaging,
holding, or hauling of any nonfood product.
111080. The quality and labeling standards requirements for bottled
water and vended water, including mineral water, shall include all
standards prescribed by Section 165.110 of Title 21 of the Code of
Federal Regulations. In addition, bottled water and vended water,
when bottled, shall comply with the following quality standards and
any additional quality standards adopted by regulation that the
department determines are reasonably necessary to protect the public
health:
(a) Bottled water and vended water shall meet all maximum
contaminant levels set for public drinking water that the department
determines are necessary or appropriate so that bottled water may
present no adverse effect on public health. New or revised allowable
levels or monitoring provisions adopted for bottled water by the
United States Food and Drug Administration under the federal Food,
Drug and Cosmetic Act that are more stringent than the state
requirements for bottled water are incorporated into this chapter and
are effective on the date established by the federal provisions
unless otherwise established by regulations of the department.
(b) Bottled and vended water shall not exceed 10 parts per billion
of total trihalomethanes or five parts per billion of lead unless
the department establishes a lower level by regulation.
(c) Bottled and vended water shall contain no chemicals in
concentrations that the United States Food and Drug Administration or
the state department has determined may have an adverse effect on
public health.
111085. Polycarbonate resins manufactured after January 1, 1988,
and intended for use in fabricating containers for water products
defined in this article shall not contain in excess of three parts
per million residual methylene chloride or in excess of 200 parts per
million residual monochlorobenzene unless the department establishes
a lower level by regulation. For the purpose of monitoring
compliance with this section, the concentration of methylene chloride
and monochlorobenzene shall not exceed one part per billion in
water. "Polycarbonate resins" means the substances defined by Section
177.1580 of Title 21 of the Code of Federal Regulations except as
modified by this section.
111090. Any owner or operator of a water-vending machine or other
device from which any operator or customer dispenses vended water
shall comply with the following standards of design, construction and
sanitation and any additional standards adopted by regulation that
the department determines are reasonably necessary to protect the
public health. The water-vending machines or devices shall do all of
the following:
(a) Comply with the construction and performance standards
established by the department or by an independent authority approved
by the department.
(b) Be designed and constructed to permit easy cleaning and
maintenance of all exterior and interior surfaces.
(c) Have all parts and surfaces that come into contact with the
water constructed of approved, corrosive-resistant and nonabsorbent
material capable of withstanding repeated cleaning and sanitizing
treatment.
(d) Have a recessed or guarded corrosion-resistant dispensing
spout.
(e) Be designed so that all treatment of the vended water by
distillation, ion exchange, filtration, ultraviolet light, reverse
osmosis, mineral addition, or any other acceptable process is done in
an effective manner.
(f) Have an effective system of handling drip, spillage, and
overflow of water.
(g) Have a backflow prevention device approved by the department
for all connections with the water supply.
(h) Dispense water disinfected by ultraviolet light or other
method approved by the department prior to delivery into the customer'
s container.
(i) Be equipped with monitoring devices designed to shutdown
operation of the machine when the disinfection unit fails to
function, or shall be monitored daily at startup and manually
shutdown whenever the unit fails to function.
(j) Be equipped with a self-closing, tight-fitting door on the
vending compartment, or enclosing the vending spout to protect the
vending spout when the water-vending machine is not in use. As an
alternative, water-vending machines or other water-dispensing devices
may be enclosed in a room with tight-fitting walls, ceilings, and
one of the following: a self-closing door, an effective air screen
device, or an alternative effective device approved by the
department.
(k) Comply with the American Water Works Association (AWWA)
specifications for granular activated carbon if used in the treatment
of potable water (AWWA B604-74).
( l) Be maintained in a clean and sanitary condition, free from
dirt and vermin.
(m) Use a state approved and regulated public water supply or
private water source.
(n) Be located in an area that can be maintained in a clean
condition and in a manner that avoids insect and rodent harborage.
(o) Be equipped with monitoring devices designed to shut down the
labeled purified water delivery system if treatment of water by the
machine does not result in a total dissolved solids content of less
than 10 milligrams per liter in the purified water. Alternatively,
machines shall be monitored daily at startup and manually shutdown
whenever the total dissolved solids content exceeds 10 milligrams per
liter in the purified water.
111095. It shall be unlawful to operate a bottled plant water
plant, water-vending machine, retail water facility, or private water
source in violation of the minimum health standards of this article.
111100. It is unlawful for any person to operate a water vending
machine in this state that does not satisfy the minimum standards
prescribed by this article for the design, construction, and
sanitation of water-vending machines.
111105. The department, upon the request of a local health officer,
may authorize the local health officer to implement and enforce
those provisions of this article that relate to water-vending
machines, retail water facilities, and water haulers under the terms
and conditions specified by the department.
111110. No water-vending machine shall be used in this state that
does not at least satisfy the minimum standards adopted by the
department.
111115. (a) Each water-vending machine, retail water treatment
plant, water hauler vehicle and facility, and private water source
shall be maintained in a clean and sanitary condition at all times.
(b) (1) The department shall require that water-vending machines
be cleaned, serviced, and sanitized in accordance with the
manufacturer's specifications, but at least once every 31 days.
(2) Inspection records shall be kept for every visit made by
either the operator or the maintenance personnel pursuant to this
subdivision. These records shall show the date and time of the visit,
any tests performed, any maintenance performed, and the signature or
electronic signature of the operator or maintenance personnel. The
records shall be kept by the owner of the water-vending machine for a
minimum of two years and shall be made available to the department
upon request.
(c) A record of any consumer complaints shall be kept on file with
the owner of the water-vending machine for a minimum of two years,
and shall be made available to the department upon request.
(d) If the department determines that there is a violation of this
article, the department may do either or both of the following:
(1) Embargo the machine pursuant to Section 111860.
(2) Impose a fine, as determined appropriate by the department.
(e) (1) The department shall, annually, conduct inspections of not
less than 20 percent of the licensed water-vending machines in the
state and shall include both rural and urban counties. The selection
of these machines shall be dependent on the state of the machine and
the quality of the water source, and any other factors as determined
by the department.
(2) The department may perform, within 12 months of the initial
violation, one or more reinspections of each water-vending machine or
water retailer that is found to be in violation of this section as
necessary to prevent repeated or continuing violations. The
department shall charge a fee to the owner to cover the costs of
performing the reinspections. The fee shall not exceed the full cost
of performing the reinspections up to a maximum of one hundred
dollars ($100) per hour.
(f) Subdivisions (b) to (e), inclusive, shall become operative
January 1, 2009.
111120. (a) No person shall operate a water-bottling plant, a
private water source, or be a bottled water distributor in this state
except pursuant to a license issued by the department. If a person
has a valid water-bottling plant license issued by the department,
additional license fees for a private water source operator, a retail
water facility, a water hauler, or a bottled water distributor based
and operating at the same address, shall not be required.
(b) No person shall own or operate a water-vending machine or a
retail water facility or be a water hauler, except pursuant to a
license issued by the department or to a permit issued by a local
health department.
(c) It shall be unlawful for any person to bottle, collect, treat,
hold, distribute, haul, vend, or sell bottled water, vended water,
operate a retail water facility, or operate a private water source
without the license as required by this article. Any bottled water or
vended water dispensed by a retail water facility or a private water
source that is not licensed in compliance with this article is
misbranded and may be embargoed pursuant to subdivision (e) of
Section 111120.
(d) It shall be unlawful for a water bottler, distributor, vendor,
retail water facility operator, or private water source operator to
sell or otherwise distribute water that is adulterated, as defined in
Section 110445, 110545, 110560, or 110565, or that is misbranded as
defined in Article 6 (commencing with Section 110660) of Chapter 5.
(e) For the purposes of enforcing this section, water may be
embargoed pursuant to Section 111860 in its immediate container,
well, spring, spring vault, holding tank, water hauling vehicle,
retail water treatment system, spigot, or pipe if there is reasonable
cause to believe that it is adulterated.
(f) Any retail water facility, water vendor, or water hauler that
violates this article may be subjected to the same penalty and
enforcement procedure provided for violation of this article by a
water bottling facility.
111125. No bottled water produced in an out-of-state bottling plant
shall be sold or distributed within this state unless either the
out-of-state bottler or the distributor shall have first obtained a
bottler's or distributor's license.
111130. (a) The department shall charge and collect a fee for each
license application submitted in accordance with the fee schedule in
Table 1, that shall be an amount reasonably necessary to produce
sufficient revenue to enforce this article. The fees collected shall
be adjusted annually as required by Section 100425. New applicants
for a water bottling plant license shall pay Category 2 fees for the
first license year.
(b) The water-bottling plant and bottled water distributor
categories shall be determined by dividing by 52 the number of
gallons produced or shipped into California during the previous year.
If the result is an average of 5,000 gallons or less per week, the
firm is Category 1. If the average exceeds 5,000 gallons per week,
the firm is Category 2.
Table
1
License Fees
License Class Annual Fee
Water-Bottling
Plant $310
Category 1
Category 2 875
Water-Vending Machine 40
Water Hauler 310
Retail Water Facility 310
Private Water Source 310
Operator
Bottled Water Distributor 310
(c) The owners or operators of each water-bottling plant, retail
water facility, private water source, each water hauler in California
and bottlers or distributors of water bottled out-of-state shall
make application for a license on forms provided by the department.
Applications and license fees shall be submitted annually. Applicants
shall provide to the department, in electronic format, the serial
number of each machine, and the street address, city, ZIP Code, and
county where the machine is located.
(d) Each water-vending machine owner or operator shall make
application annually for a license for all machines on forms provided
by the department. A decal or seal provided by the department
indicating a license fee has been paid shall be affixed in a
prominent place to each water-vending machine in service. The duty to
display the decal or seal shall apply only on and after the decal
has been received by the operator.
111135. The department may deny any license application or revoke
or suspend any license issued for cause. The department shall inform
the person of any denial, revocation, or suspension in writing,
stating with particularity reasons for the denial, revocation, or
suspension.
"Cause," as used in this section, means a violation of any
provision of this chapter or any regulation adopted pursuant thereto.
111140. The department shall charge and collect a fee for each
department evaluation required to issue a new license for a
water-vending machine model or a retail water facility to determine
compliance with standards established by this article. The fee shall
be three hundred dollars ($300) and shall be adjusted annually as
required by Section 100425.
111145. (a) The department shall require each bottler, distributor,
or vendor of bottled water, each owner or operator of any
water-vending machine, each water hauler, each retail water facility
operator, each private water source operator, and each applicant for
a license, to test for all substances necessary to establish
conformance to standards adopted pursuant to Section 111080 at the
times and frequencies the department may reasonably establish.
(b) Each product dispensed by a water-vending machine or a retail
water facility shall be sampled and analyzed for coliform bacteria at
least once every six months. The analysis shall be submitted to the
department indicating whether the water is pure and wholesome.
Analysis of vended water or water from retail water facilities shall
be submitted to the local health officers if the local health
officers are authorized by the department pursuant to subdivision (b)
of Section 111105.
(c) Purified waters from retail water facilities shall be analyzed
by the operator for dissolved solids by conductivity measurement not
less frequently than once every seven days.
(d) Purified water from vending machines shall be analyzed by the
operator for the dissolved solids by conductivity measurement each
time the vending machine is serviced.
111150. (a) All sources of bottled water, vended water, and water
dispensed by a retail water facility shall be monitored annually for
the presence of volatile organic compounds of potential public health
concern, as specified by the United States Environmental Protection
Agency in Tables 2 and 14 contained in Volume 50 of the Federal
Register on pages 46904, 46923, and 46924 on November 13, 1985, or as
reasonably specified by the department as a condition of licensure.
(b) In lieu of source water monitoring required by this section, a
water bottler, water vendor, or a retail water facility may document
that the source monitoring required by this section is conducted by
another entity approved by the department, or may comply with the
treatment requirements of subdivision (c).
(c) Detection in the source water of a volatile organic compound,
except trihalomethanes, for which source monitoring is required
pursuant to this section shall be followed immediately by a program
of periodic monitoring by the water bottler, water vendor, or retail
water facility to confirm the presence or absence in the source water
of the volatile organic compound. If the volatile organic compound
is confirmed to be present in the source water it shall be treated
using granular activated carbon treatment or an equivalent treatment
operated in accordance with good manufacturing practices as provided
in Section 129.80 of Title 21 of the Code of Federal Regulations
until the time that the concentration of the volatile organic
compound does not exceed either one part per billion, or any United
States Environmental Protection Agency or United States Food and Drug
Administration level for drinking water, or a maximum contaminant
level established by the department for bottled water.
(d) The department may exempt any water bottler, water vendor, or
retail water facility from the monitoring requirements of this
section for any source based on a showing satisfactory to the
department that the source (1) does not contain the volatile organic
compound for which monitoring is required and (2) is not vulnerable
to contamination by the volatile organic compound because for surface
water sources the compounds are not applied, manufactured, stored,
disposed or shipped upstream, and for groundwater sources, the
compounds are not applied, manufactured, stored, disposed, or shipped
in the groundwater recharge basin.
111155. Notwithstanding any other provisions of this article, the
department may require any bottler, distributor, or vendor of bottled
water, any owner or operator of a water-vending machine, any water
hauler, any retail water facility operator, any private water source
operator, or any applicant for a license to test and submit results
to the department for any substance, including organic chemical
contaminants, at any time that the department believes the substance
may be present in the water source and threaten the public health.
111160. (a) Upon a determination by the department that a
particular water source is subject to potential contamination, the
department shall notify the bottler, distributor, or vendor of
bottled water, the owner and operator of any water-vending machine,
any water hauler, any retail water facility operator, or any private
water source operator of the specific contaminants or class of
contaminants that pose a potential health risk.
(b) Within 90 days after notification by the department, the
bottler, distributor, vendor of bottled water, the owner and operator
of any water-vending machine, any water hauler, any retail water
facility operator, or any private water source operator shall conduct
an analysis of the water source and submit the results of the
analysis to the department.
(c) If evidence of contamination is found, the department may, by
order, require the bottler, distributor, vendor of bottled water, or
the owner and operator of any water-vending machine, any water
hauler, any retail water facility operator, or any private water
source operator to conduct a source and product water analysis for
the contaminants of concern in accordance with conditions specified
by the department. The water analysis shall be conducted and reported
on an annual basis, unless the department finds that reasonable
action requires either more frequent or less frequent analysis.
(d) The department may, by order, require the bottler,
distributor, vendor of bottled water, the owner and operator of any
water-vending machine, any water hauler, any retail water facility
operator, or any private water source operator to reduce or eliminate
the concentration of any chemical that the department determines may
have an adverse effect on public health. Until an enforceable
standard has been established for a chemical that may have an adverse
effect on human health, the department may require treatment
techniques to reduce the concentration of the contaminants that
require treatment, in the department's judgment, to prevent known or
anticipated adverse effects on the health of persons. The treatment
system shall be designed to meet criteria designated by the
department or by an independent authority approved by the department.
(e) The department may grant variances from the requirements of
subdivision (d), if the bottler, distributor, vendor of bottled
water, the owner and operator of any water-vending machine, any water
hauler, any retail water facility operator, or any private water
source operator demonstrates either of the following:
(1) That the prescribed treatment technique is not necessary to
protect the health of consumers because its water source is not
subject to, nor is it likely to be subject to, significant chemical
contamination.
(2) An alternative treatment technique is at least as efficient in
lowering the level of contaminants to be controlled.
111165. All testing of bottled water, bottled water sources, water
distributed by water haulers, water from retail water facility, and
water from vending machines shall be done by laboratories approved by
the department, laboratories certified by the United States
Environmental Protection Agency, laboratories certified by the
primary enforcement authority in states that have been granted
primacy by the United States Environmental Protection Agency, or
laboratories certified (accredited) by a third-party organization
acceptable to a primacy state.
111170. (a) Labeling and advertising of bottled water and vended
water shall conform with this section, Chapter 4 (commencing with
Section 110290), and applicable portions of Part 101 of Title 21 of
the Code of Federal Regulations.
(b) Each container of bottled water sold in this state, each
water-vending machine, and each container provided by retail water
facilities located in this state shall be clearly labeled in an
easily readable format. Retail water facilities that do not provide
labeled containers shall post, in a location readily visible to
consumers, a sign conveying required label information.
(c) Water-vending machines, retail water facilities, and private
water sources that sell water at retail shall display in a position
clearly visible to customers the following information:
(1) The name and address of the operator.
(2) The fact that the water is obtained from an approved public
water supply or licensed private water source.
(3) A statement describing the treatment process used.
(4) If no treatment process is utilized, a statement to that
effect.
(5) A toll-free telephone number or a local telephone number
within the area code in which the machine is located that may be
called for further information, service, or complaints, and the
toll-free telephone number of the department's food and drug branch
that may be called for complaints or questions.
(6) A sign or label indicating the date on which the water-vending
machine was last sanitized and serviced by the operator or
maintenance personnel as required pursuant to paragraph (1) of
subdivision (b) of Section 111115.
(7) A notice to consumers listing the industry's recommendations
for the type and condition of container suitable for use with the
water-vending machine.
(8) A valid decal or seal received from the department indicating
that a license fee has been paid and a license issued for the
water-vending machine as set forth in subdivision (d) of Section
111130.
(d) The information required pursuant to subdivision (c) shall be
displayed in both English and Spanish.
(e) Bottled water may be labeled "drinking water," notwithstanding
the source or characteristics of the water, only if it is processed
pursuant to the Food and Drug Administration Good Manufacturing
Practices contained in Section 165.110 and Parts 110 and 129 of Title
21 of the Code of Federal Regulations, Sections 12235 to 12285,
inclusive, of Title 17 of the California Code of Regulations, and any
other requirements established by the department pursuant to
Sections 111145, 111150, and 111155. Any vended water and any water
from a retail water facility may be labeled "drinking water,"
notwithstanding the source or characteristics of the water, only if
it is processed pursuant to Article 10 (commencing with Section
114200) of Chapter 4 of Part 7 and any other requirements established
by the department pursuant to Sections 111145, 111150, and 111155.
(f) Each container of bottled water sold at retail or wholesale in
this state in a beverage container shall include on its label, or on
an additional label affixed to the bottle, or on a package insert or
attachment, all the following:
(1) The name and contact information for the bottler or brand
owner.
(2) The source of the bottled water, in compliance with applicable
state and federal regulations.
(3) A clear and conspicuous statement that informs consumers about
how to access water quality information contained in the bottled
water report required by Section 111071.
(A) The statement shall contain all of the following:
(i) It shall include the term "water quality and information"
appropriately, while informing customers about methods of gaining
access to the full bottled water report.
(ii) It shall provide a telephone number, where information can be
requested from the bottled water company and one other means of
contact for the bottled water company, including, but not limited to,
a mailing address, e-mail address, or the bottled water company's
Web site.
(B) The following statement may be used to fulfill the
requirements of this paragraph:
"For more information and to obtain additional consumer
information relating to water quality, including a bottled water
report, contact
111070. (a) "Bottled water," means any water that is placed in a
sealed container at a water-bottling plant to be used for drinking,
culinary, or other purposes involving a likelihood of the water being
ingested by humans. Bottled water shall not include water packaged
with the approval of the department for use in a public emergency.
(b) "Vended water" means any water that is dispensed by a
water-vending machine, retail water facility, or water from a private
water source, or other water as defined in Section 111170 that is
not placed by a bottler in sealed containers, and that is dispensed
by a water-vending machine, retail water facility, water hauler, or
any other person or facility for drinking, culinary, or other
purposes involving a likelihood of the water being ingested by
humans. "Vended water," does not include water from a public water
system that has not undergone additional treatment. Water sold
without further treatment is not "vended water" and shall be labeled
in accordance with Section 111170.
(c) "Water-bottling plant" means any facility in which bottled
water is produced.
(d) A "water-vending machine" means a water-connected vending
machine designed to dispense drinking water, or purified or other
water products. The machines shall be designed to reduce or remove
turbidity, off-tastes, and odors and to provide disinfection
treatment. Processes for dissolved solids reduction or removal shall
also be used.
(e) "Water hauler," means any person who hauls water in bulk by
any means of transportation if the water is to be used for drinking,
culinary, or other purposes involving a likelihood of the water being
ingested by humans.
"In bulk," as used in this subdivision, means containers having
capacities of 250 gallons or greater.
(f) "Retail water facility" means any commercial establishment
where vended water is sold, and placed in customer's containers, or
placed in containers sold or given to customers who come to the
establishment to obtain water.
(g) "Private water source," means a privately owned source of
water, other than a public water system, that is used for bottled or
vended water and meets the requirements of an approved source for
bottled water as defined in Section 129.3 of Title 21 of the Code of
Federal Regulations.
(h) "Bottled water distributor" means any person, other than an
employee or representative of a bottled water plant, who delivers
bottled water directly to customers.
111071. (a) As a condition of licensure, each bottled water plant,
which has the same meaning as the definition in subdivision (c) of
Section 111070, shall annually prepare a bottled water report and
shall, upon request, make that report available to each customer.
(b) The report shall be prepared in English, Spanish, and in the
appropriate languages for each non-English-speaking group other than
Spanish that exceeds 10 percent of the state's population.
(c) For purposes of complying with this section, when bottled
water comes from a municipal source, the relevant information from
the consumer confidence report or water quality report prepared for
that year by the public water system pursuant to Section 116470 may
be used.
(d) The bottled water report shall include, but not be limited to,
all of the following:
(1) The source of the bottled water, consistent with applicable
state and federal regulations.
(2) A brief and plainly worded definition of the terms "statement
of quality," "maximum contaminant level," "primary drinking water
standard," and "public health goal."
(3) A brief description of the treatment process.
(4) A reference to the United States Food and Drug Administration
Internet Web site that provides product recall information.
(5) The bottled water company's address and telephone number that
enables customers to obtain further information concerning
contaminants and potential health effects.
(6) Information on the levels of unregulated substances, if any,
for which water bottlers are required to monitor pursuant to state or
federal law or regulation.
(7) (A) The following statement:
"Drinking water, including bottled water, may reasonably be
expected to contain at least small amounts of some contaminants. The
presence of contaminants does not necessarily indicate that water
poses a health risk. More information about contaminants and
potential health effects can be obtained by calling the United States
Food and Drug Administration, Food and Cosmetic Hotline
(1-888-723-3366)."
(B) If the telephone number for the United States Food and Drug
Administration, Food and Cosmetic Hotline changes, the statement
shall be updated to reflect the new telephone number.
(8) The following statement:
"Some persons may be more vulnerable to contaminants in drinking
water than the general population. Immuno-compromised persons,
including, but not limited to, persons with cancer who are undergoing
chemotherapy, persons who have undergone organ transplants, persons
with HIV/AIDS or other immune system disorders, some elderly persons,
and infants can be particularly at risk from infections. These
persons should seek advice about drinking water from their health
care providers. The United States Environmental Protection Agency and
the federal Centers for Disease Control and Prevention guidelines on
appropriate means to lessen the risk of infection by cryptosporidium
and other microbial contaminants are available from the Safe
Drinking Water Hotline (1-800-426-4791)."
(9) The following statement:
"The sources of bottled water include rivers, lakes, streams,
ponds, reservoirs, springs, and wells. As water naturally travels
over the surface of the land or through the ground, it can pick up
naturally occurring substances as well as substances that are present
due to animal and human activity.
Substances that may be present in the source water include any of
the following:
(1) Inorganic substances, including, but not limited to, salts
and metals, that can be naturally occurring or result from farming,
urban stormwater runoff, industrial or domestic wastewater
discharges, or oil and gas production.
(2) Pesticides and herbicides that may come from a variety of
sources, including, but not limited to, agriculture, urban stormwater
runoff, and residential uses.
(3) Organic substances that are byproducts of industrial
processes and petroleum production and can also come from gas
stations, urban stormwater runoff, agricultural application, and
septic systems.
(4) Microbial organisms that may come from wildlife, agricultural
livestock operations, sewage treatment plants, and septic systems.
(5) Substances with radioactive properties that can be naturally
occurring or be the result of oil and gas production and mining
activities."
(10) The following statement:
"In order to ensure that bottled water is safe to drink, the
United States Food and Drug Administration and the State Department
of Public Health prescribe regulations that limit the amount of
certain contaminants in water provided by bottled water companies."
(11) (A) The following statement, if nitrate (NO3) levels above 23
ppm but below 45 ppm (the maximum contaminant level for nitrate
(NO3)) are detected:
"Nitrate in drinking water at levels above 45 mg/L is a health
risk for infants of less than six months of age. These nitrate levels
in drinking water can interfere with the capacity of the infant's
blood to carry oxygen, resulting in a serious illness. Symptoms
include shortness of breath and blueness of the skin. Nitrate levels
above 45 mg/L may also affect the ability of the blood to carry
oxygen in other individuals, including, but not limited to, pregnant
women and those with certain specific enzyme deficiencies. If you are
caring for an infant, or you are pregnant, you should ask advice
from your health care provider."
(B) If the nitrate disclosure requirements for municipal water
suppliers are revised by the State Department of Public Health, this
statement shall be updated to reflect the revision.
(12) (A) The following statement, if arsenic levels above 5 ppb,
but below 10 ppb (the maximum contaminant level for arsenic), are
detected:
"Arsenic levels above 5 ppb and up to 10 ppb are present in your
drinking water. While your drinking water meets the current EPA
standard for arsenic, it does contain low levels of arsenic. The
standard balances the current understanding of arsenic's possible
health effects against the costs of removing arsenic from drinking
water. The State Department of Public Health continues to research
the health effects of low levels of arsenic, which is a mineral known
to cause cancer in humans at high concentrations and is linked to
other health effects, including, but not limited to, skin damage and
circulatory problems."
(B) If the arsenic disclosure requirements for municipal water
suppliers are revised by the State Department of Public Health, this
statement shall be updated to reflect the revision.
(13) A full disclosure of any exemption or variance that has been
granted to the bottler by the State Department of Public Health,
including an explanation of reasons for each exemption or variance
and the date of the exemption or variance.
111075. (a) Any person who processes, packages, distributes,
transfers, or stores bottled water or vended water shall comply with
the good manufacturing practices described in Part 129 of Title 21 of
the Code of Federal Regulations.
(b) Prior to bottling or vending water, the water shall be
subjected to filtration and effective germicidal treatment by ozone,
ultraviolet, carbon dioxide, or an equivalent disinfection process
approved by the department, except that the requirements for
filtration and germicidal treatment shall not apply to mineral water
as defined in and from a source that is subject to the council
directive of the European Economic Community pertaining to natural
mineral waters, dated July 15, 1980, or that is subject to any other
natural mineral water standard in the country of origin that
prohibits filtration and germicidal treatment, so long as both of the
following conditions are met:
(1) The source and product are certified by the responsible
authority in the country of origin as complying with microbiological
standards at least equal to the standards of this article.
(2) The product complies with microbiological standards of this
article.
(c) Bottled or vended water that originates from a surface water
source that is not protected from surface contamination shall be
subjected to ozonation, filtration, or another effective process that
removes or destroys the cysts of the parasite Giardia lamblia. For
the purposes of this section, a spring house, catchment basin,
storage tank, or bore hole adjacent to a natural spring water source
as defined in paragraphs (3) and (8) of subdivision (e) of Section
111170, is not a surface water source.
(d) Ollas or other water-holding dispensers, both refrigerated and
nonrefrigerated, water-vending machines, and water dispensers in
retail water facilities, shall be examined for cleanliness each time
they are serviced by the distributor, bottler, retail water facility,
or water-vending machine operator. When necessary, these dispensers
shall be sanitized according to the methods described in Part 129 of
Title 21 of the Code of Federal Regulations.
(e) Sanitary operations, equipment procedures, and process
controls used in the treatment, storage, transport, or dispensing of
water at a retail water facility shall comply with the good
manufacturing practices described in the following provisions of Part
129 of Title 21 of the Code of Federal Regulations: subdivisions (a)
to (c), inclusive, of Section 129.37; Section 129.40; and
subdivisions (a), (c), (d), and (h) of Section 129.80.
(f) Sanitary operations, equipment, procedures, and process
controls used in the treatment, storage, transfer, transport, or
dispensing of water by water haulers, shall comply with the good
manufacturing practices described in the following provisions of Part
129 of Title 21 of the Code of Federal Regulations: subdivisions (a)
and (b) of Section 129.37; Section 129.40; and subdivisions (a),
(c), (d), and (h) of Section 129.89.
(g) The design and construction of wells, bore holes, catchment
basins, spring houses, storage tanks, or other water-contact
equipment used by private water sources shall comply with the
requirements of the local regulatory authority. Sanitary operations,
equipment procedures, and transfer controls used in the treatment,
storage, transfer, or dispensing of water by private water source
operators shall comply with the good manufacturing practices
described in the following provisions of Part 129 of Title 21 of the
Code of Federal Regulations: subdivision (a) of Section 129.37;
Section 129.40; and subdivisions (a), (c), (d), (g), and (h) of
Section 129.80.
(h) Bottled water may be processed through lines used also for
other food products under the following conditions:
(1) Process lines, including storage tanks and associated
equipment, shall be used exclusively for the production of bottled
water, except for filling equipment, that may be used also for
filling other food products.
(2) Before being used for the bottling of water, filling equipment
that is designed to be cleaned in-place and that is used for filling
other food products shall be thoroughly cleansed and sanitized
in-place in accordance with the manufacturer's specifications and in
compliance with Section 129.80 of Title 21 of the Code of Federal
Regulations and the supplementary procedures that follow in
paragraphs (3) to (7), inclusive, of this section.
(3) Immediately following completion of filling operations for any
other food product other than water, the filler shall be thoroughly
rinsed internally and externally with potable water.
(4) In accordance with filler manufacturer's instructions, any
parts that are not designed to be cleaned in-place shall be
disassembled and removed. All of these parts shall be cleansed and
sanitized prior to reassembly using appropriate cleansing and
sanitizing procedures, as specified in subdivisions (c) and (d) of
Section 129.80 of Title 21 of the Code of Federal Regulations.
(5) All surfaces of the filler that do not contact food products
shall be cleaned manually so as to render all surfaces clean and free
of any residues.
(6) The filler shall be prepared and all appropriate connections
made in accordance with the filler manufacturer's instructions to
place the filler in the clean-in-place mode. The following procedures
shall be followed:
(A) An alkaline cleaning solution of appropriate strength shall be
recirculated through the filler to provide effective cleaning of all
product contact surfaces, with a minimum recirculation time of 20
minutes at a temperature between 140 and 170 degrees Fahrenheit.
(B) The cleaning solution shall be drained and followed with a
potable water rinse-to-drain for the removal of all residual cleaner
alkalinity. This step may be supplemented by the application of an
acidified rinse prior to the potable water rinse in order to
neutralize any residual alkalinity on product contact surfaces.
(7) Following reassembly of all parts to place the filler into the
product mode and just prior to bottling water, the filler shall be
sanitized in-place in accordance with procedures specified in
subdivision (d) of Section 129.80 of Title 21 of the Code of Federal
Regulations.
(8) Any alternate cleaning, rinsing, or sanitizing operations or
processes not described in this section shall be approved in writing
by the department.
(i) Bottled water and bulk waters sold at retail shall not contact
equipment, lines, tanks, or vehicles used for processing, packaging,
holding, or hauling of any nonfood product.
111080. The quality and labeling standards requirements for bottled
water and vended water, including mineral water, shall include all
standards prescribed by Section 165.110 of Title 21 of the Code of
Federal Regulations. In addition, bottled water and vended water,
when bottled, shall comply with the following quality standards and
any additional quality standards adopted by regulation that the
department determines are reasonably necessary to protect the public
health:
(a) Bottled water and vended water shall meet all maximum
contaminant levels set for public drinking water that the department
determines are necessary or appropriate so that bottled water may
present no adverse effect on public health. New or revised allowable
levels or monitoring provisions adopted for bottled water by the
United States Food and Drug Administration under the federal Food,
Drug and Cosmetic Act that are more stringent than the state
requirements for bottled water are incorporated into this chapter and
are effective on the date established by the federal provisions
unless otherwise established by regulations of the department.
(b) Bottled and vended water shall not exceed 10 parts per billion
of total trihalomethanes or five parts per billion of lead unless
the department establishes a lower level by regulation.
(c) Bottled and vended water shall contain no chemicals in
concentrations that the United States Food and Drug Administration or
the state department has determined may have an adverse effect on
public health.
111085. Polycarbonate resins manufactured after January 1, 1988,
and intended for use in fabricating containers for water products
defined in this article shall not contain in excess of three parts
per million residual methylene chloride or in excess of 200 parts per
million residual monochlorobenzene unless the department establishes
a lower level by regulation. For the purpose of monitoring
compliance with this section, the concentration of methylene chloride
and monochlorobenzene shall not exceed one part per billion in
water. "Polycarbonate resins" means the substances defined by Section
177.1580 of Title 21 of the Code of Federal Regulations except as
modified by this section.
111090. Any owner or operator of a water-vending machine or other
device from which any operator or customer dispenses vended water
shall comply with the following standards of design, construction and
sanitation and any additional standards adopted by regulation that
the department determines are reasonably necessary to protect the
public health. The water-vending machines or devices shall do all of
the following:
(a) Comply with the construction and performance standards
established by the department or by an independent authority approved
by the department.
(b) Be designed and constructed to permit easy cleaning and
maintenance of all exterior and interior surfaces.
(c) Have all parts and surfaces that come into contact with the
water constructed of approved, corrosive-resistant and nonabsorbent
material capable of withstanding repeated cleaning and sanitizing
treatment.
(d) Have a recessed or guarded corrosion-resistant dispensing
spout.
(e) Be designed so that all treatment of the vended water by
distillation, ion exchange, filtration, ultraviolet light, reverse
osmosis, mineral addition, or any other acceptable process is done in
an effective manner.
(f) Have an effective system of handling drip, spillage, and
overflow of water.
(g) Have a backflow prevention device approved by the department
for all connections with the water supply.
(h) Dispense water disinfected by ultraviolet light or other
method approved by the department prior to delivery into the customer'
s container.
(i) Be equipped with monitoring devices designed to shutdown
operation of the machine when the disinfection unit fails to
function, or shall be monitored daily at startup and manually
shutdown whenever the unit fails to function.
(j) Be equipped with a self-closing, tight-fitting door on the
vending compartment, or enclosing the vending spout to protect the
vending spout when the water-vending machine is not in use. As an
alternative, water-vending machines or other water-dispensing devices
may be enclosed in a room with tight-fitting walls, ceilings, and
one of the following: a self-closing door, an effective air screen
device, or an alternative effective device approved by the
department.
(k) Comply with the American Water Works Association (AWWA)
specifications for granular activated carbon if used in the treatment
of potable water (AWWA B604-74).
( l) Be maintained in a clean and sanitary condition, free from
dirt and vermin.
(m) Use a state approved and regulated public water supply or
private water source.
(n) Be located in an area that can be maintained in a clean
condition and in a manner that avoids insect and rodent harborage.
(o) Be equipped with monitoring devices designed to shut down the
labeled purified water delivery system if treatment of water by the
machine does not result in a total dissolved solids content of less
than 10 milligrams per liter in the purified water. Alternatively,
machines shall be monitored daily at startup and manually shutdown
whenever the total dissolved solids content exceeds 10 milligrams per
liter in the purified water.
111095. It shall be unlawful to operate a bottled plant water
plant, water-vending machine, retail water facility, or private water
source in violation of the minimum health standards of this article.
111100. It is unlawful for any person to operate a water vending
machine in this state that does not satisfy the minimum standards
prescribed by this article for the design, construction, and
sanitation of water-vending machines.
111105. The department, upon the request of a local health officer,
may authorize the local health officer to implement and enforce
those provisions of this article that relate to water-vending
machines, retail water facilities, and water haulers under the terms
and conditions specified by the department.
111110. No water-vending machine shall be used in this state that
does not at least satisfy the minimum standards adopted by the
department.
111115. (a) Each water-vending machine, retail water treatment
plant, water hauler vehicle and facility, and private water source
shall be maintained in a clean and sanitary condition at all times.
(b) (1) The department shall require that water-vending machines
be cleaned, serviced, and sanitized in accordance with the
manufacturer's specifications, but at least once every 31 days.
(2) Inspection records shall be kept for every visit made by
either the operator or the maintenance personnel pursuant to this
subdivision. These records shall show the date and time of the visit,
any tests performed, any maintenance performed, and the signature or
electronic signature of the operator or maintenance personnel. The
records shall be kept by the owner of the water-vending machine for a
minimum of two years and shall be made available to the department
upon request.
(c) A record of any consumer complaints shall be kept on file with
the owner of the water-vending machine for a minimum of two years,
and shall be made available to the department upon request.
(d) If the department determines that there is a violation of this
article, the department may do either or both of the following:
(1) Embargo the machine pursuant to Section 111860.
(2) Impose a fine, as determined appropriate by the department.
(e) (1) The department shall, annually, conduct inspections of not
less than 20 percent of the licensed water-vending machines in the
state and shall include both rural and urban counties. The selection
of these machines shall be dependent on the state of the machine and
the quality of the water source, and any other factors as determined
by the department.
(2) The department may perform, within 12 months of the initial
violation, one or more reinspections of each water-vending machine or
water retailer that is found to be in violation of this section as
necessary to prevent repeated or continuing violations. The
department shall charge a fee to the owner to cover the costs of
performing the reinspections. The fee shall not exceed the full cost
of performing the reinspections up to a maximum of one hundred
dollars ($100) per hour.
(f) Subdivisions (b) to (e), inclusive, shall become operative
January 1, 2009.
111120. (a) No person shall operate a water-bottling plant, a
private water source, or be a bottled water distributor in this state
except pursuant to a license issued by the department. If a person
has a valid water-bottling plant license issued by the department,
additional license fees for a private water source operator, a retail
water facility, a water hauler, or a bottled water distributor based
and operating at the same address, shall not be required.
(b) No person shall own or operate a water-vending machine or a
retail water facility or be a water hauler, except pursuant to a
license issued by the department or to a permit issued by a local
health department.
(c) It shall be unlawful for any person to bottle, collect, treat,
hold, distribute, haul, vend, or sell bottled water, vended water,
operate a retail water facility, or operate a private water source
without the license as required by this article. Any bottled water or
vended water dispensed by a retail water facility or a private water
source that is not licensed in compliance with this article is
misbranded and may be embargoed pursuant to subdivision (e) of
Section 111120.
(d) It shall be unlawful for a water bottler, distributor, vendor,
retail water facility operator, or private water source operator to
sell or otherwise distribute water that is adulterated, as defined in
Section 110445, 110545, 110560, or 110565, or that is misbranded as
defined in Article 6 (commencing with Section 110660) of Chapter 5.
(e) For the purposes of enforcing this section, water may be
embargoed pursuant to Section 111860 in its immediate container,
well, spring, spring vault, holding tank, water hauling vehicle,
retail water treatment system, spigot, or pipe if there is reasonable
cause to believe that it is adulterated.
(f) Any retail water facility, water vendor, or water hauler that
violates this article may be subjected to the same penalty and
enforcement procedure provided for violation of this article by a
water bottling facility.
111125. No bottled water produced in an out-of-state bottling plant
shall be sold or distributed within this state unless either the
out-of-state bottler or the distributor shall have first obtained a
bottler's or distributor's license.
111130. (a) The department shall charge and collect a fee for each
license application submitted in accordance with the fee schedule in
Table 1, that shall be an amount reasonably necessary to produce
sufficient revenue to enforce this article. The fees collected shall
be adjusted annually as required by Section 100425. New applicants
for a water bottling plant license shall pay Category 2 fees for the
first license year.
(b) The water-bottling plant and bottled water distributor
categories shall be determined by dividing by 52 the number of
gallons produced or shipped into California during the previous year.
If the result is an average of 5,000 gallons or less per week, the
firm is Category 1. If the average exceeds 5,000 gallons per week,
the firm is Category 2.
Table
1
License Fees
License Class Annual Fee
Water-Bottling
Plant $310
Category 1
Category 2 875
Water-Vending Machine 40
Water Hauler 310
Retail Water Facility 310
Private Water Source 310
Operator
Bottled Water Distributor 310
(c) The owners or operators of each water-bottling plant, retail
water facility, private water source, each water hauler in California
and bottlers or distributors of water bottled out-of-state shall
make application for a license on forms provided by the department.
Applications and license fees shall be submitted annually. Applicants
shall provide to the department, in electronic format, the serial
number of each machine, and the street address, city, ZIP Code, and
county where the machine is located.
(d) Each water-vending machine owner or operator shall make
application annually for a license for all machines on forms provided
by the department. A decal or seal provided by the department
indicating a license fee has been paid shall be affixed in a
prominent place to each water-vending machine in service. The duty to
display the decal or seal shall apply only on and after the decal
has been received by the operator.
111135. The department may deny any license application or revoke
or suspend any license issued for cause. The department shall inform
the person of any denial, revocation, or suspension in writing,
stating with particularity reasons for the denial, revocation, or
suspension.
"Cause," as used in this section, means a violation of any
provision of this chapter or any regulation adopted pursuant thereto.
111140. The department shall charge and collect a fee for each
department evaluation required to issue a new license for a
water-vending machine model or a retail water facility to determine
compliance with standards established by this article. The fee shall
be three hundred dollars ($300) and shall be adjusted annually as
required by Section 100425.
111145. (a) The department shall require each bottler, distributor,
or vendor of bottled water, each owner or operator of any
water-vending machine, each water hauler, each retail water facility
operator, each private water source operator, and each applicant for
a license, to test for all substances necessary to establish
conformance to standards adopted pursuant to Section 111080 at the
times and frequencies the department may reasonably establish.
(b) Each product dispensed by a water-vending machine or a retail
water facility shall be sampled and analyzed for coliform bacteria at
least once every six months. The analysis shall be submitted to the
department indicating whether the water is pure and wholesome.
Analysis of vended water or water from retail water facilities shall
be submitted to the local health officers if the local health
officers are authorized by the department pursuant to subdivision (b)
of Section 111105.
(c) Purified waters from retail water facilities shall be analyzed
by the operator for dissolved solids by conductivity measurement not
less frequently than once every seven days.
(d) Purified water from vending machines shall be analyzed by the
operator for the dissolved solids by conductivity measurement each
time the vending machine is serviced.
111150. (a) All sources of bottled water, vended water, and water
dispensed by a retail water facility shall be monitored annually for
the presence of volatile organic compounds of potential public health
concern, as specified by the United States Environmental Protection
Agency in Tables 2 and 14 contained in Volume 50 of the Federal
Register on pages 46904, 46923, and 46924 on November 13, 1985, or as
reasonably specified by the department as a condition of licensure.
(b) In lieu of source water monitoring required by this section, a
water bottler, water vendor, or a retail water facility may document
that the source monitoring required by this section is conducted by
another entity approved by the department, or may comply with the
treatment requirements of subdivision (c).
(c) Detection in the source water of a volatile organic compound,
except trihalomethanes, for which source monitoring is required
pursuant to this section shall be followed immediately by a program
of periodic monitoring by the water bottler, water vendor, or retail
water facility to confirm the presence or absence in the source water
of the volatile organic compound. If the volatile organic compound
is confirmed to be present in the source water it shall be treated
using granular activated carbon treatment or an equivalent treatment
operated in accordance with good manufacturing practices as provided
in Section 129.80 of Title 21 of the Code of Federal Regulations
until the time that the concentration of the volatile organic
compound does not exceed either one part per billion, or any United
States Environmental Protection Agency or United States Food and Drug
Administration level for drinking water, or a maximum contaminant
level established by the department for bottled water.
(d) The department may exempt any water bottler, water vendor, or
retail water facility from the monitoring requirements of this
section for any source based on a showing satisfactory to the
department that the source (1) does not contain the volatile organic
compound for which monitoring is required and (2) is not vulnerable
to contamination by the volatile organic compound because for surface
water sources the compounds are not applied, manufactured, stored,
disposed or shipped upstream, and for groundwater sources, the
compounds are not applied, manufactured, stored, disposed, or shipped
in the groundwater recharge basin.
111155. Notwithstanding any other provisions of this article, the
department may require any bottler, distributor, or vendor of bottled
water, any owner or operator of a water-vending machine, any water
hauler, any retail water facility operator, any private water source
operator, or any applicant for a license to test and submit results
to the department for any substance, including organic chemical
contaminants, at any time that the department believes the substance
may be present in the water source and threaten the public health.
111160. (a) Upon a determination by the department that a
particular water source is subject to potential contamination, the
department shall notify the bottler, distributor, or vendor of
bottled water, the owner and operator of any water-vending machine,
any water hauler, any retail water facility operator, or any private
water source operator of the specific contaminants or class of
contaminants that pose a potential health risk.
(b) Within 90 days after notification by the department, the
bottler, distributor, vendor of bottled water, the owner and operator
of any water-vending machine, any water hauler, any retail water
facility operator, or any private water source operator shall conduct
an analysis of the water source and submit the results of the
analysis to the department.
(c) If evidence of contamination is found, the department may, by
order, require the bottler, distributor, vendor of bottled water, or
the owner and operator of any water-vending machine, any water
hauler, any retail water facility operator, or any private water
source operator to conduct a source and product water analysis for
the contaminants of concern in accordance with conditions specified
by the department. The water analysis shall be conducted and reported
on an annual basis, unless the department finds that reasonable
action requires either more frequent or less frequent analysis.
(d) The department may, by order, require the bottler,
distributor, vendor of bottled water, the owner and operator of any
water-vending machine, any water hauler, any retail water facility
operator, or any private water source operator to reduce or eliminate
the concentration of any chemical that the department determines may
have an adverse effect on public health. Until an enforceable
standard has been established for a chemical that may have an adverse
effect on human health, the department may require treatment
techniques to reduce the concentration of the contaminants that
require treatment, in the department's judgment, to prevent known or
anticipated adverse effects on the health of persons. The treatment
system shall be designed to meet criteria designated by the
department or by an independent authority approved by the department.
(e) The department may grant variances from the requirements of
subdivision (d), if the bottler, distributor, vendor of bottled
water, the owner and operator of any water-vending machine, any water
hauler, any retail water facility operator, or any private water
source operator demonstrates either of the following:
(1) That the prescribed treatment technique is not necessary to
protect the health of consumers because its water source is not
subject to, nor is it likely to be subject to, significant chemical
contamination.
(2) An alternative treatment technique is at least as efficient in
lowering the level of contaminants to be controlled.
111165. All testing of bottled water, bottled water sources, water
distributed by water haulers, water from retail water facility, and
water from vending machines shall be done by laboratories approved by
the department, laboratories certified by the United States
Environmental Protection Agency, laboratories certified by the
primary enforcement authority in states that have been granted
primacy by the United States Environmental Protection Agency, or
laboratories certified (accredited) by a third-party organization
acceptable to a primacy state.
111170. (a) Labeling and advertising of bottled water and vended
water shall conform with this section, Chapter 4 (commencing with
Section 110290), and applicable portions of Part 101 of Title 21 of
the Code of Federal Regulations.
(b) Each container of bottled water sold in this state, each
water-vending machine, and each container provided by retail water
facilities located in this state shall be clearly labeled in an
easily readable format. Retail water facilities that do not provide
labeled containers shall post, in a location readily visible to
consumers, a sign conveying required label information.
(c) Water-vending machines, retail water facilities, and private
water sources that sell water at retail shall display in a position
clearly visible to customers the following information:
(1) The name and address of the operator.
(2) The fact that the water is obtained from an approved public
water supply or licensed private water source.
(3) A statement describing the treatment process used.
(4) If no treatment process is utilized, a statement to that
effect.
(5) A toll-free telephone number or a local telephone number
within the area code in which the machine is located that may be
called for further information, service, or complaints, and the
toll-free telephone number of the department's food and drug branch
that may be called for complaints or questions.
(6) A sign or label indicating the date on which the water-vending
machine was last sanitized and serviced by the operator or
maintenance personnel as required pursuant to paragraph (1) of
subdivision (b) of Section 111115.
(7) A notice to consumers listing the industry's recommendations
for the type and condition of container suitable for use with the
water-vending machine.
(8) A valid decal or seal received from the department indicating
that a license fee has been paid and a license issued for the
water-vending machine as set forth in subdivision (d) of Section
111130.
(d) The information required pursuant to subdivision (c) shall be
displayed in both English and Spanish.
(e) Bottled water may be labeled "drinking water," notwithstanding
the source or characteristics of the water, only if it is processed
pursuant to the Food and Drug Administration Good Manufacturing
Practices contained in Section 165.110 and Parts 110 and 129 of Title
21 of the Code of Federal Regulations, Sections 12235 to 12285,
inclusive, of Title 17 of the California Code of Regulations, and any
other requirements established by the department pursuant to
Sections 111145, 111150, and 111155. Any vended water and any water
from a retail water facility may be labeled "drinking water,"
notwithstanding the source or characteristics of the water, only if
it is processed pursuant to Article 10 (commencing with Section
114200) of Chapter 4 of Part 7 and any other requirements established
by the department pursuant to Sections 111145, 111150, and 111155.
(f) Each container of bottled water sold at retail or wholesale in
this state in a beverage container shall include on its label, or on
an additional label affixed to the bottle, or on a package insert or
attachment, all the following:
(1) The name and contact information for the bottler or brand
owner.
(2) The source of the bottled water, in compliance with applicable
state and federal regulations.
(3) A clear and conspicuous statement that informs consumers about
how to access water quality information contained in the bottled
water report required by Section 111071.
(A) The statement shall contain all of the following:
(i) It shall include the term "water quality and information"
appropriately, while informing customers about methods of gaining
access to the full bottled water report.
(ii) It shall provide a telephone number, where information can be
requested from the bottled water company and one other means of
contact for the bottled water company, including, but not limited to,
a mailing address, e-mail address, or the bottled water company's
Web site.
(B) The following statement may be used to fulfill the
requirements of this paragraph:
"For more information and to obtain additional consumer
information relating to water quality, including a bottled water
report, contact
