Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 500.000 - Good Manufacturing Practices For Food › Supplemental Regulations for the Manufacture, Collection, Bottling, and Labeling of Bottled Water and Carbonated Non-alcoholic Beverages › Section 500.091 - Water Source Protection, Treatment, and Modification for Bottled Water and Carbonated Non-alcoholic Beverages

Current through Register 1525, July 5, 2024
(A)
In-state Sources
.
(1)
				Each water source shall comply with
				310 CMR
				22.00:
Drinking Water
, with any
				applicable Massachusetts Department of Environmental Protection (DEP) water
				supply health advisories or guidelines, and, if applicable, with M.G.L. c.
				21G.
(2) The Department and DEP
				shall cooperate in the approval, inspection, and enforcement of requirements
				for in-state water sources, pursuant to the terms of the current Memorandum of
				Understanding (MOU) between the Department of Public Health and the Department
				of Environmental Protection for In-state Bottled Water Source Review.
(3) Each water source shall be located,
				developed, and protected to ensure that it is not subject to natural or
				artificial contamination. If necessary, source water may be treated in order to
				control natural or artificial contamination. Source water treatment must be
				approved in accordance with 105 CMR 500.091(A)(4) and (5).
(4) Before a water source is used or
				substantially modified, or the source water is treated or the treatment is
				substantially modified, or a new source is used in addition to the existing
				approved source(s), the source owner shall apply to the Department for approval
				and shall submit information as required by the application form, including but
				not limited to:
(a) The type of source
				(
e.g.
well, spring);
(b) A detailed location of the
				source;
(c) The owner(s) of the
				source;
(d) Information about the
				use and treatment of the source and/or the modification of the source or
				treatment;
(e) If the source is a
				public water system, the information specified in 105 CMR 500.093(A)(1)(c);
				and
(f) If the source is not a
				public water system, the information specified in 105 CMR 500.093(A)(1)(a), and
				subject to the requirements of 105 CMR 500.093(A)(1)(b).
(5) The Department will forward that portion
				of the application relating to the water source to DEP. Based on DEP's
				recommendation and in accordance with current law, the Department shall notify
				the owner whether the following are approved:
(a) The water source;
(b) Substantial modification to the water
				source;
(c) Treatment to bring
				source water into compliance with the quality standards in 105 CMR 500.092(A);
				and/or
(d) Substantial modification
				to source water treatment.
If the Department determines that approval is not
				  appropriate, it shall notify the owner of the modifications that are necessary
				  in order for approval to be granted.
(6) Prior to the sale of products using any
				new or substantially modified source or new or substantially modified
				treatment, the bottler shall submit the following information to the
				Department:
(a) One label for each container
				size and brand name of the product that is proposed to be sold; and
(b) If the source is not a public water
				system, or if the source is a public water system that the bottler treats
				beyond the definition of minimal treatment,
i.e
., beyond
				mechanical filtration and/or disinfection, the results of a complete chemical,
				physical, microbiological, and radiological analysis of the source water and of
				each of the different finished products bottled by the facility, as specified
				in 105 CMR 500.093(A). The analyses shall have been completed within the 12
				months prior to the first use of the new or modified source water or treatment,
				with the exception of the microbiological analysis, which shall have been
				performed within the four weeks prior to the first such use.
(7) The bottler shall not sell
				products manufactured with water from the new or substantially modified source
				or new or substantially modified treatment until written approval is received
				from the Department.
(8) The
				bottler may use water from a particular water source in bottling bottled water
				or carbonated non-alcoholic beverages only when that source and any treatment
				of that source have a current approval from the Department.