[§328D-1]  Definitions.  For thepurposes of this chapter:

“Approved laboratory” means a laboratoryapproved by the department or other government agency or agencies havingjurisdiction or certified by the United States Environmental Protection Agency.

“Approved source”, when used in reference to abottled water plant’s product water or water used in the plant’s operations,means the source of the water, whether from a spring, artesian well, drilledwell, public or community water system, or any other source that has beeninspected and the water sampled, analyzed, and found to be of a safe andsanitary quality.  The presence in the plant of a current certificate ornotification of approval from the department or other government agency oragencies having jurisdiction shall constitute approval of the source.

“Artesian water” means bottled water from awell tapping a confined aquifer in which the water level stands above the watertable.  “Artesian water” shall meet the requirements of “natural water”.

“Bottled water” means water that is placed in asealed container or package and is offered for sale for human consumption orother consumer uses.

“Bottled water plant” means any place orestablishment in which bottled water is prepared for sale.

“Carbonated water” or “sparkling water” meansbottled water containing carbon dioxide.

“C.F.R.” means the Code of Federal Regulations.

“Department” means the department of health.

“Director” means the director of health.

“Distilled water” means bottled water which hasbeen produced by a process of distillation and meets the definition of purifiedwater in the most recent edition of the United States Pharmacopeia.

“Drinking water” means bottled water obtainedfrom an approved source that has at minimum undergone treatment consisting offiltration (activated carbon or particulate) and ozonation or an equivalentdisinfection process.

“EPA” means the United States EnvironmentalProtection Agency.

“FDA” means the United States Food and DrugAdministration.

“Fluoridated water” means bottled watercontaining fluoride.  The label shall specify whether the fluoride is naturallyoccurring or added.  Any water which meets this definition shall contain notless than 0.5 and not more than 1.0 milligrams per liter fluoride ion andotherwise comply with the Food and Drug Administration (FDA) quality standardsin section 103.35(d)(2), title 21 of the Code of Federal Regulations.

“Mineral water” means bottled water thatcontains not less than 500 parts per million total dissolved solids.  “Naturalmineral water” shall meet the requirements of “natural water”.

“Natural water” means bottled spring, mineral,artesian, or well water which is derived from an underground formation and isnot derived from a municipal system or public water supply.

“Plant operator” means any person who owns oroperates a bottled water plant.

“Purified water” means bottled water producedby distillation, deionization, reverse osmosis, or other suitable process andthat meets the definition of purified water in the most recent edition of theUnited States Pharmacopeia.  Water which meets the definition of this paragraphand is vaporized, then condensed, may be labeled “distilled water”.

“Spring water” means water derived from anunderground formation from which water flows naturally to the surface of theearth.  “Spring water” shall meet the requirements of “natural water”.

“Water dealer” means any person who importsbottled water or causes bulk water to be transported for bottling for humanconsumption or other consumer uses.

“Well water” means water from a hole bored,drilled, or otherwise constructed in the ground which taps the water of anaquifer.  “Well water” shall meet the requirements of “natural water”. [L 1988,c 304, pt of §1]