[§328D-3]  Manufacturing, operations;requirements.  (a)  All bottled water, including mineral water, shall befiltered and processed and packaged in accordance with the FDA goodmanufacturing practice regulations (GMPs) 21 C.F.R. parts 110 and 129, and anyother rules adopted by the department or government agency or agencies havingjurisdiction.

(b)  Bottled water production, includingtransporting, processing, packaging, and storage, shall be conducted under suchconditions and controls as are necessary to minimize the potential formicrobiological contamination of the finished product.  These conditions andcontrols shall include the following:

(1)  Bottled water shall be subject to effectivegermicidal treatment by ozonation or carbonation at a minimum of three volumesof carbon dioxide or other equivalent disinfection approved by the departmentor government agency or agencies having jurisdiction;

(2)  Bottled water shall not be transported or storedin bulk tanks or processed or bottled through equipment or lines used for anynonfood product; and

(3)  For optimum consumer protection, in order tominimize the potential for microbiological contamination of the finishedproduct, noncarbonated bottled water shall not be transported, stored,processed, or bottled in or through lines or equipment through which any foodproduct other than water is passed.

(c)  Each bottled water plant operator andwater dealer shall develop and maintain a procedure for product recall andshall implement this procedure for any product for which the operator or dealerknows or has reason to believe circumstances exist that may adversely affectits safety for the consumer.

(d)  Artesian water may be collected with theassistance of external force to enhance the natural underground pressure solong as such measures do not alter the physical properties, composition, andquality of the water.

(e)  Natural water shall not be modified byblending with water of another type or by deletion or addition of dissolvedsolids except as related to disinfection or other treatment to reduce theconcentration of any naturally present constituent which exceedsgovernment-sanctioned or approved safety standards or guidelines.  It may becollected and transported by pumps, pipes, tunnels, trucks, or similar devices.

(f)  Spring water shall be collected only atthe spring or through a bore hole that is adjacent to the point of emergence. Spring water collected with the assistance of external force to protect thewater shall retain all the physical properties of and be of the samecomposition and quality as the water that flows naturally to the surface of theearth. [L 1988, c 304, pt of §1]