N.J. Admin. Code § 8:24-5.1

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:24-5.1 - Water

(a) Drinking water shall be obtained from an approved source that is:

1. A public water system that is constructed, maintained, and operated in accordance with the NJSDWA; or

2. A non-public water system that is constructed, maintained, and operated in accordance with the NJSDWA.

(b) A drinking water system shall be flushed and disinfected before being placed in service after construction, repair, or modification and after an emergency situation, such as a flood, that may introduce contaminants to the system.

(c) Bottled drinking water used or sold in a retail food establishment shall be obtained from approved sources in accordance with N.J.A.C. 8:21-5, Rules Governing the Manufacture, Storage, Distribution and Handling of Bottled Water.

(d) Water from a public water system and water from a non-public water system shall meet the requirements of the NJSDWA.

(e) A non-drinking water supply shall be used only if its use is approved by the Department of Environmental Protection and complies fully with 8:24-5.2 and the non-drinking water supply is not used in such a manner as to bring it into contact directly or indirectly, with food, food equipment, or utensils. Non-drinking water shall be used only for non-culinary purposes, such as air conditioning, non-food equipment cooling, fire protection, and irrigation.

(f) Water from a non-public water system shall be sampled and tested at least annually and as required by the NJSDWA, except when used as specified under (e) above.

(g) The most recent sample report for the non-public water system shall be retained on file in the retail food establishment or the report shall be maintained in accordance with the NJSDWA.

(h) The water source and system shall be of sufficient capacity to meet the peak water demands of the retail food establishment. Hot water generation and distribution systems shall be sufficient to meet the peak hot water demands throughout the retail food establishment.

(i) Water under pressure shall be provided to all fixtures, equipment, and nonfood equipment that are required to use water, except that water supplied as specified under (k) below to a temporary retail food establishment or in response to a temporary interruption of a water supply is not required to be under pressure.

(j) Water shall be received from the source through the use of:

1. A public or non-public water supply system which is constructed, protected, operated, and maintained in conformance with the NJSDWA, specifically 7:10-10.1 through 10 and local ordinances and rules; or

2. One or more of the following that shall be constructed, maintained, and operated in a sanitary manner whereby the water will not become contaminated:

i. Non-public water main, water pumps, pipes, hoses, connections, and other appurtenances;

ii. Water transport vehicles; and

iii. Water containers.

(k) Water meeting the requirements specified under this section shall be made available for a mobile facility, for a temporary retail food establishment without a permanent water supply, and for a retail food establishment with a temporary interruption of its water supply using one of the following means:

1. A supply of containers of commercially bottled drinking water;

2. One or more closed portable water containers;

3. An enclosed vehicular water tank;

4. An on-premises water storage tank; or

5. Piping, tubing, or hoses connected to an adjacent approved source.

N.J. Admin. Code § 8:24-5.1