Texas Administrative Code › Title 25 - HEALTH SERVICES › Part 1 - DEPARTMENT OF STATE HEALTH SERVICES › Chapter 229 - FOOD AND DRUG › Subchapter F - PRODUCTION, PROCESSING, AND DISTRIBUTION OF BOTTLED AND VENDED DRINKING WATER › Section 229.81 - General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  These sections establish definitions and standards for the processing and
				  bottling of drinking and vended water. The sections also will supplement
				  §§
										229.181-
				  229.184
				  of this title (relating to Licensure of Manufacturers of Food and Wholesale
				  Distributors of Food - Including Good Manufacturing Practices) and federal
				  regulations in Title 21, Code of Federal Regulations, Part 165 concerning
				  standards of quality, and Part 129 concerning processing and bottling of
				  bottled drinking water.
(b)
				  Requirements for specific standardized beverages. The department adopts by
				  reference Title 21 Code of Federal Regulations, §165.110 concerning the
				  identity, nomenclature, other label statements and label declarations for both
				  bottled and vended water, except as modified by the Texas Board of Health in
				  §
										229.85(b)
				  of this title (relating to Labeling and Advertising).
(c) Definitions. The following words and
				  terms, when used in this chapter, shall pertain to both bottled and vended
				  water and shall have the following meanings unless the context clearly
				  indicates otherwise.
(1) Approved source
				  (when used in reference to a plant's product water or operations water)--A
				  source of water and the water therefrom, whether it be from a spring, artesian
				  well, drilled well, municipal water supply, or any other source, that has been
				  inspected and the water sampled, analyzed, and found to be of a safe and
				  sanitary quality according to applicable laws and regulations of State and
				  local government agencies having jurisdiction. The presence in the plant of
				  current certificates or notifications of approval from the government agency or
				  agencies having jurisdiction constitutes approval of the source and the water
				  supply.
(2) Artesian water--Water
				  from a well tapping a confined aquifer in which the water level stands at some
				  height above the top of the aquifer is "artesian water" or "artesian well
				  water."
(3) Bottled water--Water
				  that is intended for human consumption and that is sealed in bottled or other
				  containers with no added ingredients except that it may optionally contain safe
				  and suitable antimicrobial agents.
(4) Department--Department of State Health
				  Services.
(5) Distilled
				  water--Water which has been produced by a process of distillation and meets the
				  definition of purified water in the United States Pharmacopeia, 23rd revision,
				  January 1, 1995, which the department adopts by reference. (Copies may be
				  obtained from the United States Pharmacopial Convention, Inc., 12601 Twinbrook
				  Parkway, Rockville, MD 20852).
(6)
				  Drinking water--All water from the point of the approved source intended for
				  the purpose of human consumption or which may be used in the preparation of
				  foods or beverages.
(7) Fluoridated
				  water--Water containing added fluoride.
(8) Ground water--Water from a subsurface
				  saturated zone that is under a pressure equal to or greater than atmospheric
				  pressure.
(9) Mineral water--Water
				  containing not less than 250 parts per million (ppm) total dissolved solids
				  (TDS), coming from a source tapped at one or more bore holes or springs,
				  originating from a geologically or physically protected underground water
				  source.
(10) Person--Includes
				  individual, partnership, corporation, or association.
(11) Purified water--Water that has been
				  produced by distillation, deionization, reverse osmosis, or other suitable
				  processes and that meets the definition of "purified water" in the United
				  States Pharmacopoeia, 23rd revision, January 1, 1995, which the department
				  adopts by reference. (Copies may be obtained from the United States
				  Pharmacopial Convention, Inc., 12601 Twinbrook Parkway, Rockville, MD
				  20852).
(12) Sparkling bottled
				  water--Water that after treatment and possible replacement of carbon dioxide,
				  contains the same amount of carbon dioxide that it had at emergence from the
				  source.
(13) Spring water--Water
				  derived from an underground formation from which water flows naturally to the
				  surface of the earth.
(14) Sterile
				  water or sterilized water--Water that meets requirements under "Sterility
				  Tests" in the United States Pharmacopeia, 23rd revision, January 1, 1995, which
				  the department adopts by reference. (Copies may be obtained from the United
				  States Pharmacopial Convention, Inc., 12601 Twinbrook Parkway, Rockville, MD
				  20852).
(15) Vended water--Vended
				  water is:
(A) water dispensed from any
				  vending machine; or
(B) servings of
				  water dispensed in bulk by any operator or consumer from any water dispensing
				  device.
(16) Vending
				  machine--Any self-service device which upon insertion of a coin, coins, or
				  token, or upon receipt of payment by other means, dispenses servings of water
				  in bulk, without the necessity of refilling the machine between each
				  operation.
(17) Water dispensing
				  device--Any water unit that dispenses water in bulk without the necessity of
				  refilling the machine between operations. This term includes stores that are
				  manned by an operator at all times in which consumers bring containers to be
				  filled by the operator, facilities that are not manned by an operator and where
				  consumers dispense their own water, and vending machines. A water dispensing
				  device may have several dispensing faucets in the case of a store. However,
				  each vending machine is considered a separate water dispensing
				  device.
(18) Well water--Water
				  taken from a hole bored, drilled, or otherwise constructed in the ground which
				  taps the water of an aquifer.