N.J. Admin. Code § 8:21-5.15

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

Section 8:21-5.15 - Bottled water certification requirements

(a) Every bottling plant and/or bulk water handling facilities, including out-of-State or foreign bottling plants and/or bulk water handling facilities, that sell or distribute bottled and/or bulk water in New Jersey shall apply to the Department annually for a bottled water certification.

(b) In order for a bottling plant to obtain a certification from the Department to sell or distribute bottled water, the following requirements shall be met:

1. The applicant shall complete a certification application provided by the Department and provide the following information: the name and location of the bottling company, including the mailing address, telephone number and trade name of the bottling company or bulk water facility; the name of the water source, the name of the owner of the water source, the location and type of source(s), that is, well, spring, public community water system; the type and brand names of water being bottled, including the container size(s) being bottled; and the annual production and the maximum monthly production in gallons. Bulk water companies shall provide information regarding the method of conveyance of bulk water. The applicant shall also provide the name and address of the New Jersey certified laboratory that is used to conduct the applicant's analysis. The names and addresses of companies in New Jersey used to distribute products shall be provided. The applicant shall provide a description of the water treatment process. The name of the inspecting agency and the date of the last inspection shall also be provided by out-of-State bottlers. The application shall be signed by the owner or operator responsible for the facility.

2. Out-of-State bottlers shall submit a letter of certification from the appropriate regulatory agency having jurisdiction over the operation verifying that the source supply and the facility has been inspected and is approved and ground water supplies have been evaluated for surface water influences under criteria equivalent to those established under 8:21-5.3(b).

3. A copy of each product label shall be submitted for each size and type of bottled water that will be sold or distributed. This requirement does not apply to bulk water.

4. A complete microbiological, physical, chemical, radiological, and hazardous contaminants analysis for all contaminants that have standards established under N.J.A.C. 7:10 must be performed on each source and type of finished bottled water product distributed in New Jersey. A copy of the required analyses shall accompany the application and shall be forwarded to the Department at the frequency prescribed in 8:21-5.14 except that microbiological sample results need only be submitted every six months.

5. All analyses required shall be conducted at an approved laboratory certified by the New Jersey Department of Environmental Protection in accordance with N.J.A.C. 7:18, Rules Governing Laboratory Certification and Standards of Performance, and the laboratory shall be certified for the specific method for which the water is being analyzed.

6. All analyses shall be performed within six months prior to the date of filing an initial certification application.

7. All bottlers shall submit an initial certification application and initial filing fee each time there is a change or addition of a source of water. The bottler shall submit the required information for the new source delineated under this section for each new source of supply.

(c) In order to obtain a certification to sell or distribute bulk water, the following requirements shall be met:

1. The applicant shall comply with (a) and (b) above required for bottled water plant certification except for (a)3 above concerning label submissions;

2. The establishment shall comply with all of the provisions of 8:21-5.12, Bulk water facility requirements;

3. A complete microbiological, physical, chemical, radiological, and hazardous contaminants analysis must be performed on each source of water that is used in accordance with the standards established under 8:21-5.14. Sample results must be submitted initially with the application for registration and annually thereafter; and

4. The bulk water facility shall submit an initial certification application and initial filing fee to the Department any time there is a change in the source of bulk water. The establishment shall meet all of the criteria of this section before resuming bulk shipments of water into New Jersey.

N.J. Admin. Code § 8:21-5.15

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.