2023 Illinois Compiled Statutes › Chapter 410 - PUBLIC HEALTH › 410 ILCS 655/ - Safe Bottled Water Act.

(410 ILCS 655/1)
Sec. 1. Short title. This Act may be cited as the Safe Bottled Water Act.
(Source: P.A. 93-866, eff. 1-1-05.)
(410 ILCS 655/5)
Sec. 5. Definitions.  In this Act:
"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" does not include water packaged
with the approval of the Department for use in a public emergency.
"Department" means the Department of Public Health.
"Private water source" means a privately owned source of
water in Illinois, other than a public water system or private water system as defined in the Illinois Groundwater Protection Act, 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.
"Retail water facility" means any commercial establishment
where vended water is sold, and placed in customers' containers, or
placed in containers sold or given to customers who come to the
establishment to obtain water.
"Vended water" means any water that is dispensed by a
water-vending machine or retail water facility, or water from a
private water source, 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".
"Water-bottling plant" means any facility in which bottled
water is produced.
"Water-vending machine" means any self-service device that,
upon insertion of a coin, coins, or token, or upon receipt of payment
by any other means, dispenses a unit volume of water to be used for
drinking, culinary, or other purposes involving a likelihood of the
water being ingested by humans.
(Source: P.A. 93-866, eff. 1-1-05.)
(410 ILCS 655/10)
Sec. 10. Licenses required.
(a) No person may operate a water-bottling plant or a
private water source in this
State, except pursuant to a license issued by the Department.  Bottled water must be processed in conformance with 21 CFR Part 129 and must conform to 21 CFR Part 165. If a
person has a valid water-bottling plant license issued by the
Department, additional license fees for a private water source
operator based and operating at the same address
shall not be required.
(b) Any bottled water
produced by a private
water source or water-bottling plant that is not licensed in compliance with this Act is
misbranded and may be embargoed.
(c) It is unlawful for a water bottler, water distributor, water-vending
machine owner,
retail water facility, or private water source operator to
sell or otherwise distribute water that is unsafe for use or that is
adulterated or
misbranded as provided in the Illinois Food, Drug and Cosmetic Act.
(d) The licensing of activities relating to bottled water as
provided in this Section is an exclusive power and function of the State. A
home rule
unit may not license any activities relating to bottled water
that are
licensed under this Section. This subsection is a denial and limitation of home
rule
powers and functions under subsection (h) of Section 6 of Article VII of the
Illinois
Constitution.
(Source: P.A. 93-866, eff. 1-1-05.)
(410 ILCS 655/15)
Sec. 15. Inspections and related activities.
(a) In order to carry out the purposes of this Act,
any duly authorized representative of the Department may, at any
reasonable hour of the day, do any of the following:
(1) Enter and inspect a licensed facility or any     place where bottled water or vended water records are stored, kept, or maintained.
(2) Inspect and copy any records, reports, test     results, or other information required to implement this Act.
(3) Obtain samples of the water supply and finished     product.
(b) The Department shall inspect every water-bottling plant  and private water
source at least once each year.  The Department
shall
provide an opportunity for a representative of the water-bottling
plant or private water source operator to accompany the Department's representative
during the inspection.
(c) Any person who prevents, interferes
with, or attempts to impede in any way any duly authorized
representative of the Department from undertaking any activity
authorized by this Section is guilty of a Class A misdemeanor.
(Source: P.A. 93-866, eff. 1-1-05.)
(410 ILCS 655/20)
Sec. 20. Water intended for bottling; storage, transportation, and processing.
(a) Water intended for bottling shall not be stored, transported, processed, or bottled through equipment or lines used for any non-food product.
(b) Water intended for bottling shall not be stored, transported, processed, or bottled through equipment or lines used for any non-beverage food, except that filling equipment may be used for non-beverage foods in accordance with the following requirements:
(1) When filling equipment designed for cleaning in     place is utilized for non-beverage foods, that equipment must be thoroughly cleaned and sanitized in place in accordance with procedures specified by the manufacturer and in 21 CFR Part 129 prior to being used for bottled water.
(2) Fillers not designed for cleaning in place must     be completely disassembled for cleaning and sanitizing prior to being used for bottled water.
(Source: P.A. 93-866, eff. 1-1-05.)
(410 ILCS 655/25)
Sec. 25. License fee.  The fee for any license issued under this Act is
$150.  The
fee must be paid to the Department before a license may be issued. Licenses issued under this Act shall be issued annually.  Licenses must be renewed annually on or before January 1 of the year for which they are issued.  The Department may impose an additional fee of $50 on a person who submits an application for a license after the deadline.  The Department shall use all fees received under this Act for the purpose of recouping the costs of providing the services required to be provided by the Department under this Act.
(Source: P.A. 93-866, eff. 1-1-05.)
(410 ILCS 655/30)
Sec. 30. Water-bottling plants located outside Illinois.   Every water-bottling plant located outside Illinois that sells or distributes bottled water in Illinois must annually register with the Department.  The fee for registration under this Act is $150.  The Department may impose an additional fee of $50 on an out-of-state water-bottling plant that registers after the deadline set by the Department.
(Source: P.A. 93-866, eff. 1-1-05.)
(410 ILCS 655/35)
Sec. 35. Safe Bottled Water Fund. The Safe Bottled Water
Fund is established as a special fund in the State treasury.  All moneys
received
by the Department under this Act shall be deposited into the fund.  Moneys in
the fund
shall be used by the Department,
upon appropriation, for the purpose of administering this Act.
(Source: P.A. 93-866, eff. 1-1-05.)
(410 ILCS 655/40)
Sec. 40. Denial, revocation, or suspension of license.
(a) The
Department may deny
any license application or
revoke or suspend any license issued under this Act for cause.  The Department
shall
inform the applicant or license holder of the denial, revocation, or suspension
in
writing, stating with particularity the reasons for the denial,
revocation, or suspension.
The Department shall afford the applicant or license holder an opportunity for
a hearing in accordance with the Illinois Administrative Procedure Act.
(b) For purposes of this Section, "cause" means a violation of any
provision of this Act or any regulation adopted pursuant to this
Act.
(Source: P.A. 93-866, eff. 1-1-05.)
(410 ILCS 655/45)
Sec. 45. Potential contamination.
(a) Upon a determination by the Department that a
particular water source is subject to potential contamination, the
Department shall notify the appropriate bottler, distributor, or vendor of
bottled water, owner or operator of a water-vending machine,
water hauler, retail water facility operator, or private
water source operator of the specific contaminants or class of
contaminants that pose a potential health risk.
(b) Within 7 days after notification by the Department, the
bottler, distributor, or vendor of bottled water, owner or
operator of a water-vending machine, water hauler, retail
water facility operator, or private water source operator must
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 of bottled water,
owner or operator of a water-vending machine, or private water
source operator to conduct an analysis of the  finished water product for
the contaminants of concern in accordance with conditions specified
by the Department.  The water analysis must be conducted and
reported on an annual basis, unless the Department finds that
reasonable action requires either more frequent or less frequent
analysis.
(Source: P.A. 93-866, eff. 1-1-05.)
(410 ILCS 655/50)
Sec. 50. Testing laboratories.  All testing of bottled water, bottled
water sources,
water distributed by water haulers, water from retail water facilities,
and water from vending machines must be done by competent laboratories
approved by the Department or another state's regulatory agency.
(Source: P.A. 93-866, eff. 1-1-05.)
(410 ILCS 655/55)
Sec. 55. Water packaged for use in public emergencies.
(a) The Department, by its written permission, may allow a
person to package water for use in public emergencies without
obtaining a water bottling license if the emergency has resulted
in the interruption of, or has compromised the quality of, the public
drinking water supply.  The Department's permission may authorize the
suspension
of any provision of this Act and related regulations.
(b) The Department may at any time change or impose on the
permittee any requirements, such as requirements concerning testing, equipment,
and
documentation, that the Department deems necessary to protect public
health, but in doing so, the Department must consider the effect of those
requirements in light of the urgency of the situation.  The
Department may grant or withdraw this permission at any time.
(c) Packing, distribution, and use of water under a permit
shall be allowed only during the emergency period and shall end upon
the restoration of adequate public drinking supplies as determined by
the Department. Distribution of the packaged water shall be limited to the area
affected.
Water so packaged shall be prominently labeled "drinking water",
"for emergency use only", and "not for sale", or similar wording
approved by the Department.
(d) This Section shall not be construed to restrict licensed
water-bottling plants from providing water processed in accordance
with this Act in emergency situations.
(Source: P.A. 93-866, eff. 1-1-05.)
(410 ILCS 655/60)
Sec. 60. Violation; penalty.  A person who commits a violation of this Act other than a violation of subsection (c) of Section 15 is guilty of a petty offense and subject to a fine of not more than $1,000.
(Source: P.A. 93-866, eff. 1-1-05.)
(410 ILCS 655/90)
Sec. 90. 
	(Amendatory provisions; text omitted).
(Source: P.A. 93-866, eff. 1-1-05; text omitted.)
(410 ILCS 655/99)
Sec. 99. Effective date. This Act takes effect January 1, 2005.
(Source: P.A. 93-866, eff. 1-1-05.)