N.J. Admin. Code § 8:21-5.14

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

Section 8:21-5.14 - Water standards and sampling requirements

(a) Bottled water which is manufactured, distributed, or sold within this State shall comply with the microbiological, physical, chemical, hazardous contaminants, and radiological standards set forth in the New Jersey Safe Drinking Water Act rules under N.J.A.C. 7:10 except the following standards:

1. Lead--five parts per billion (ppb);

2. Copper--1,000 parts per billion (ppb);

3. Total Coliform--none present; and

4. Turbidity--five nephelometric turbidity units (NUT).

(b) Bottlers and bulk water handling facilities, which derive their water from a public community water system as defined under 7:10-1.3, are exempt from sampling the source (raw) water.

(c) Analysis shall be conducted in accordance with procedures set forth at N.J.A.C. 7:18, Rules Governing Laboratory Certification and Standards of Performance, and the following:

1. Microbiological Standards: A weekly analysis for total coliform shall be required for finished product water and for source (raw) water.

2. Physical Standards: An analysis shall be required for both source (raw) and bottled water.

3. Chemical Standards: An annual analysis shall be required for both source (raw) and bottled water.

4. Radiological Standards: A radiological analysis shall be required once every four years for both source (raw) and bottled water.

5. Hazardous Contaminant Standards: An annual analysis shall be required for selected hazardous contaminants as specified at N.J.S.A. 58:12A-13a, for which the New Jersey Department of Environmental Protection has established maximum contaminant level (MCL) standards under N.J.A.C. 7:10.

(d) If any bottled water standard for physical, chemical, microbiological or radiological quality is exceeded, the product shall be labeled with a statement indicating substandard quality as follows:

1. "Excessively Turbid," "Abnormal Color," and/or "Abnormal Odor" if the bottled water fails to meet any of the physical quality standards set forth in this section;

2. "Contains Excessive .........., with the blank filled in with the name of the chemical" if the bottled water fails to meet any of the chemical quality standards set forth in this section. For example, "Contains Excessive Arsenic" or "Contains Excessive Trihalomethanes", except that "Contains Excessive Chemical Substances" may be used if the bottled water is not mineral water;

3. "Excessively Radioactive" if the bottled water fails to meet the requirements of this section; and/or

4. "Contains Excessive Bacteria" if the bottled water fails to meet the microbiological standards set forth in this section.

(e) Bottled water containing a substance at a level considered injurious to health shall be deemed adulterated under 24:5-5, regardless of whether or not the bottled water bears a label statement of substandard quality as prescribed in this section.

(f) The statement of substandard quality shall appear on the principal display panel or panels and shall immediately and conspicuously precede or follow, without intervening written, printed, or graphic matter, the type of bottled water.

(g) The Department may require the owner/operator of the bottled water facility to institute additional treatment in order to meet bottled water standards when a maximum contaminant level is exceeded. If contamination is excessive and the best available treatment will not result in meeting the maximum contaminant level, the water supply shall be deemed adulterated and its use prohibited.

N.J. Admin. Code § 8:21-5.14

Amended by R.2000 d.150, effective 4/3/2000.
See: 31 New Jersey Register 2585(a), 32 New Jersey Register 1195(a).
Rewrote the section.