Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 15 - FOOD › Chapter 10.15.11 - Bottled Water › Section 10.15.11.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Approved source" has the meaning stated
				  in Health-General Article, §21-336(a), Annotated Code of
				  Maryland.
(2) "Approving authority"
				  means the agency designated in the laws of another state or country to license
				  or permit a source water, public water supply system, or bottled water plant if
				  that source water, public water supply system, or bottled water plant is
				  located outside the State.
(3)
				  "Aquifer" means a formation of soil, sand, rock, gravel, limestone, sandstone,
				  or other geologic material that contains ground water available for
				  collection.
(4) "Artesian water"
				  means the product that meets the standard of identity as set forth in
				  21 CFR §
												165.110(a)(2)(i).
(5) "Borehole" means a well tapped into an
				  aquifer for the purpose of removing water from the aquifer for bottling or
				  dispensing.
(6) Bottled Water.
(a) "Bottled water" means:
(i) Any water that is sealed in bottles,
				  packages, or other containers and offered for sale for human consumption,
				  including bottled mineral water; and
(ii) The product that meets the standards of
				  identity set forth at 21 CFR
				  §
														165.110(a).
(b) "Bottled water" does not
				  include:
(i) Soft drinks; and
(ii) A beverage labeled as club soda or
				  seltzer water.
(7) "Bottled water plant" means a food
				  processing plant that:
(a) Manufactures,
				  packages, or labels bottled water; or
(b) Stores water before bottling.
(8) "Certified laboratory" means a
				  laboratory certified by:
(a) A state's
				  laboratory certification program in accordance with the United States
				  Environmental Protection Agency's primacy conditions under the Agency's Public
				  Water System Supervision Program;
(b) The National Environmental Laboratory
				  Accreditation Program; or
(c) The
				  United States Environmental Protection Agency.
(9) "Community water system" means a public
				  water supply system that:
(a) Services at
				  least 15 service connections used by year-round residents; or
(b) Regularly serves at least 25 residents
				  throughout the year.
(10) "Contaminant" means a physical,
				  chemical, biological, or radiological substance or matter in water.
(11) "Department" means the Department of
				  Health and Mental Hygiene or the Department's designee.
(12) "Drinking water" means water that is
				  intended for human consumption.
(13) "Finished product water" means drinking
				  water in the form in which it is provided to the consumer.
(14) "Ground water" means water from a
				  subsurface saturated zone that is under a pressure equal to or greater than
				  atmospheric pressure.
(15) "Ground
				  water under the direct influence of surface water" means ground water with:
(a) Significant occurrence of insects and
				  other macroorganisms, algae, or other large diameter pathogens such as Giardia
				  lamblia or Cryptosporidium; or
(b)
				  Significant and relatively rapid shifts in water characteristics such as
				  turbidity, temperature, conductivity, or pH that closely correlate to
				  climatological or surface water conditions.
(16) "Mineral water" means the product that
				  meets the standard of identity set forth in
				  21 CFR §
												165.110(a)(2)(iii).
(17) "Person-in-charge" means a licensee or
				  other individual responsible for the operation of a bottled water
				  plant.
(18) Public Water Supply
				  System.
(a) "Public water supply system"
				  means a system providing piped water to the public for human consumption, if
				  the system:
(i) Has at least 15 service
				  connections; or
(ii) Regularly
				  serves an average of 25 individuals daily at least 60 days out of the
				  year.
(b) "Public water
				  supply system" includes a collection, treatment, storage, and distribution
				  facility that is:
(i) Under the control of the
				  operator of the system and used primarily in conjunction with the system;
				  and
(ii) A collection or
				  pretreatment storage facility not under the control of the operator of the
				  system that is used primarily in connection with the system.
(c) "Public water supply system"
				  does not include a special irrigation district.
(19) "Source water" means the water that is
				  processed into finished product water.
(20) "Spring" means a source of water issuing
				  naturally from the ground, a rock formation, or a fracture onto the land or
				  into a body of water.
(21) "Spring
				  water" means the product that meets the standard of identity set forth in
				  21 CFR §
												165.110(a)(2)(vi).
(22) "Statement of acceptability" means the
				  approval issued by the approving authority in a state or country in which the
				  water is collected that demonstrates that a source water quality and a method
				  of handling the water pose no threat to the public health.
(23) "Type of water" means a product that
				  meets one of the standards of identity set forth in
				  21 CFR §
												165.110(a)(2).
(24) "Waiver of filtration and disinfection"
				  means written approval from the Department that allows a person to bottle water
				  without filtering and disinfecting the water to exclude and kill
				  microorganisms.
(25) "Well" means a
				  hole made in the ground to:
(a) Explore for
				  ground water;
(b) Obtain or monitor
				  ground water; or
(c) Inject water
				  into an underground formation from which ground water can be
				  produced.