Section 18 AAC 31.740 - Bottled drinking water(a) In addition to complying with other applicable requirements of this chapter, an operator of a food processing establishment who bottles drinking water shall comply with this section and meet the food standard, quality, and labeling requirements in 21 C.F.R. 165.110 and the requirements for processing and bottling of bottled drinking water in 21 C.F.R. Part 129, both adopted by reference in 18 AAC 31.011.(b) Subject to (c) of this section, quality testing of product water must use the methods described in 21 C.F.R. 165.110(b) or an alternate method that has been approved by the department in writing.(c) The operator of a food processing establishment is exempt from quality testing of product water if the operator (1) is also the operator of the public water system used as the water source; and(2) has a copy of one of the following on file at the food processing establishment:(A) a valid interim approval to operate issued under 18 AAC 80.210(e); or(B) a valid final approval to operate issued under 18 AAC 80.210(f).(d) Each analysis described in (b) of this section shall be conducted by a certified laboratory. (e) If a result of an analysis under 21 C.F.R. 129.80(g)(1) indicates the presence of coliform bacteria, the operator shall detain each affected product lot pending follow-up testing for Escherichia coli (E. coli).(f) The sample for follow up testing required under (e) of this section must consist of a unit package from the same lot as the initial sample, or if sampling from the same lot as the original sample is not possible, from the next available lot.(g) Each product lot detained under (e) of this section may only be released if the results of the follow-up testing confirm the absence of E. coli and meet the standards of 21 C.F.R. 165.110(b)(2). (h) If the presence of E. coli is verified, the product is adulterated and the operator shall prevent the lot from being distributed.(i) If the presence of coliform bacteria is verified, the operator shall review the transportation, storage, and bottling procedures to find the source of contamination and immediately correct any deficiencies found.(j) Every three months, a bacteriological swab or rinse count shall be made from at least four containers and closures selected just before filling and sealing. Each analysis shall be conducted by a qualified or certified laboratory.(k) If a result of an analysis under (j) of this section or 21 C.F.R. 129.80(f) indicates the presence of coliform bacteria, the operator shall review the transportation, storage, and bottling procedures to find the source of contamination and immediately correct any deficiencies found. (l) Bottled water that is bottled in this state and that is labeled as (1) "glacier water," "pure glacier water," or words of similar meaning must be (A) the runoff directly from the natural melting of a glacier;(B) water obtained from the melting of glacier ice at a food processing establishment permitted under this chapter; or(C) water from a stream that flows directly from a glacier and that has not been diluted or influenced by a non-glacial stream; and(2) "glacier-blend," "glacially influenced," or words of similar meaning must be water taken from a (A) glacial stream that is influenced by a mapped tributary whose headwaters are not from a glacier; or(B) lake that is fed by a glacial stream.(m) For purposes of (l) of this section, a mapped tributary is a surface water channel drainage in the state that has been mapped by the United States Department of Interior, United States Geological Survey (USGS).(n) Bottled water that is bottled in this state and labeled as "glacier water," "pure glacier water," "glacier-blend," "glacially influenced," or words of similar meaning may (1) be collected and transported by pipes, tunnels, trucks, or similar devices;(2) not be altered at the food processing establishment by the addition or deletion of minerals, or by blending the water with water from another source, except that the water may be filtered or otherwise treated; and(3) be drawn from a catchment that is connected to the stream or lake that is the source of the water.(o) A food processing establishment shall maintain and make available for department review the following documents:(1) results of the testing required by (j) of this section or 21 C.F.R. 129.80(f); those results must include(A) the date the samples were collected;(B) the date the samples were analyzed and(i) for a qualified laboratory, the name of each individual who analyzed the samples; and(ii) for a certified laboratory, the name of the laboratory;(C) the analytical results; and(D) any actions taken under (k) of this section; and(2) results of the testing required by 21 C.F.R. 129.80(g); those results must include (A) the date the samples were collected and the lot numbers;(B) the date the samples were analyzed, the type of analyses conducted, and the name and address of the laboratory;(C) the analytical results; and(D) any actions taken under (e) and (i) of this section. (p) Records that are required under (o) of this section may be kept at(1) the food processing establishment; or(2) a location other than the food processing establishment if the records can be produced for the department not later than 24 hours after a department request.Eff. 5/18/97, Register 142; am 12/19/99, Register 152; am 6/28/2001, Register 158; am 12/28/2006, Register 180; am 6/25/2020, Register 234, July 2020Authority:AS 17.20.005
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