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



(b)  Bottled water production, including
transporting, processing, packaging, and storage, shall be conducted under such
conditions and controls as are necessary to minimize the potential for
microbiological contamination of the finished product.  These conditions and
controls shall include the following:



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



(2)  Bottled water shall not be transported or stored
in bulk tanks or processed or bottled through equipment or lines used for any
nonfood product; and



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



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



(d)  Artesian water may be collected with the
assistance of external force to enhance the natural underground pressure so
long as such measures do not alter the physical properties, composition, and
quality of the water.



(e)  Natural water shall not be modified by
blending with water of another type or by deletion or addition of dissolved
solids except as related to disinfection or other treatment to reduce the
concentration of any naturally present constituent which exceeds
government-sanctioned or approved safety standards or guidelines.  It may be
collected and transported by pumps, pipes, tunnels, trucks, or similar devices.



(f)  Spring water shall be collected only at
the 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 the
water shall retain all the physical properties of and be of the same
composition and quality as the water that flows naturally to the surface of the
earth. [L 1988, c 304, pt of §1]