N.J. Admin. Code § 8:21-5.6

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

Section 8:21-5.6 - Facilities for the storage, distribution, handling, and bottling of bottled water

(a) The grounds surrounding the plant shall be kept in a condition that will not cause the bottled water to be contaminated and/or adulterated.

1. Equipment storage, litter, waste, and excessive weeds or grass within the immediate vicinity of the plant buildings or structures shall not constitute an attractant, breeding place or harborage for rodents, insects or other pests.

2. Roads, yards, and other parking lots shall be maintained so that they do not constitute a source of contamination to the bottled water.

3. Areas surrounding the plant shall be properly drained in order to prevent contamination of the bottled water by seepage, by foot-borne filth, or by providing a breeding place for rodents, insects or other pests.

(b) Plant buildings shall be of suitable size, construction, and design to facilitate maintenance and sanitary operations for processing purposes.

1. The bottle filling operations shall be separated from the balance of plant operations and storage areas by tight walls, ceilings, and self-closing doors or other appropriate barriers. No loading or unloading of trucks or other vehicles shall take place within an establishment unless acceptable segregation or isolation is accomplished.

2. Sufficient space shall be provided for such placement of equipment and storage of materials as is necessary for sanitary operations.

3. The plant shall be designed to reduce the potential for contamination of end products, raw materials, or food-packaging materials with microorganisms, chemicals, filth, or other extraneous material. The potential for contamination may be reduced by any effective means including the separation by location, partition, air flow, enclosed systems or other effective means, of the plant operations to include receiving; raw material storage; processing operations; packaging and packing; finished product storage and shipping; portable equipment and utensil cleaning and sanitizing; and equipment and vehicle maintenance.

4. Floors, walls, and ceilings shall be constructed to be easily cleanable and shall be kept clean and in good repair. Fixtures, ducts, pipes shall be installed in such a manner that drip or condensation does not contaminate the bottled water, raw materials, or product contact surfaces. Aisles or walking spaces between equipment and walls shall be unobstructed and of sufficient width to permit employees to perform their duties without contamination of the bottled water or product contact surfaces.

i. Floors, walls, and ceilings in the bottling room(s) shall be constructed of smooth, nonabsorbing, easily cleanable, light colored surface material and maintained in a clean and sanitary condition at all times.

ii. The floors in the bottling rooms shall be adequately drained in order to prevent pooling of water and to facilitate cleaning procedures. In addition, drain lines from equipment shall not discharge wastewater or product in such a manner as will permit flooding of floors or the flowing of water across working or walking areas or in difficult to clean areas or otherwise create a nuisance. Wastewater disposal shall be provided and have a discharge to a municipal wastewater system or an approved individual wastewater disposal system.

5. Adequate lighting shall be provided throughout the plant to facilitate cleaning and inspection procedures.

i. At least 30 foot candles of light shall be provided in the processing, bottling, equipment, and utensil washing areas. All other areas shall have a minimum of 10 foot candles of light at a distance of 30 inches from the floor surfaces.

ii. Light fixtures which are located in processing, equipment/utensil washing areas or other areas where bottled drinking water may be exposed shall be of the safety type, or otherwise protected to prevent contamination/adulteration in case of breakage.

6. Ventilation in every room of a plant or facility shall be adequate to minimize condensation, odors, vapors, noxious fumes, dust, and other potential airborne contaminants.

(c) Every plant and facility shall be provided with effective screening, rodent proofing, or other protective methods against animals and vermin.

1. No vermin or animal shall be permitted in the areas of a bottled water plant.

2. Effective measures shall be taken to exclude pests from processing areas and to protect against the contamination of the bottled water products.

3. The use of pesticides is permitted only under precautions and restrictions that will prevent contamination of the water. Pesticides shall be applied in an approved manner and by a certified applicator in conformance with N.J.A.C. 7:30, Pesticide Control Regulations.

(d) The establishment shall be provided with adequate sanitary facilities and control measures to protect the purity and quality, of the bottled water. Facilities and controls shall include, but not be limited to:

1. The water supply shall be adequate as to quantity, of a safe, sanitary quality, and from a public or private water supply system which is constructed, protected, operated, and maintained in conformance with the New Jersey Safe Drinking Water Act, 58:12A-1 et seq., N.J.A.C. 7:10, and local laws, ordinances, and regulations; provided, that if approved by the Department of Environmental Protection, a nonpotable water supply system may be permitted within the establishment for purposes such as air conditioning and fire protection, only if such system complies fully with the above referenced regulations and the nonpotable water supply is not used in such a manner as to bring it into contact, either directly or indirectly, with water processing or handling equipment.

i. Hot and cold running water, under sufficient pressure, shall be provided in all areas where bottled drinking water is processed and filled and where equipment, utensils, or containers are washed.

2. All plumbing shall be sized, installed and maintained in accordance with N.J.A.C. 5:23, New Jersey Uniform Construction Code and shall:

i. Carry adequate quantities of water to required locations throughout the establishment;

ii. Prevent contamination of the water supply;

iii. Properly convey sewage and liquid wastes from the establishment to the sewer or sewage disposal system; and

iv. Not constitute a source of contamination of water, equipment or utensils, or create an unsanitary condition or nuisance.

3. Nonpotable water shall not be connected to water related equipment or have outlets in the water processing areas. The potable water supply piping shall not be directly connected with any nonpotable water supply system whereby the nonpotable water can be drawn or discharged into the potable water supply system, provided, that an exception would be an approved physical connection conforming to N.J.A.C. 7:10-10, Safe Drinking Water regulations. The piping of any nonpotable system shall be adequately and durably identified, such as by a distinctive yellow colored paint, so that it can be readily distinguished from piping which carries potable water; and such piping shall not be connected to equipment or have outlets in the processing and bottling area.

4. All sewage and waste water shall be disposed of by means of:

i. A public sewerage system; or

ii. A disposal system which is constructed and operated in conformance with N.J.A.C. 7:9-2, Standards for the Construction of Individual Subsurface Sewage Disposal Systems, the New Jersey Water Pollution Control Act Regulations, N.J.A.C. 7:14, and local laws, ordinances, and regulations.

5. Each plant shall be provided with adequate, conveniently located toilet facilities accessible to the employees at all times.

i. Toilet facilities and dressing rooms, when provided, shall be installed in accordance with N.J.A.C. 5:23, New Jersey Uniform Construction Code.

ii. Doors to toilet rooms and dressing facilities shall be self-closing and shall not open directly into areas where product is exposed to airborne contamination, except where alternate means have been taken to prevent such contamination.

iii. Toilet facilities and dressing rooms, including toilet rooms and fixtures, shall be kept clean and in good repair and free from objectionable odors.

iv. A supply of toilet tissue shall be provided at each toilet at all times.

v. Handwashing signs stating "Wash Hands Before Resuming Work" shall be posted conspicuously in all toilet rooms and at each separate lavatory facility in a bottling plant.

vi. Easily cleanable receptacles shall be provided for waste materials and such receptacles in toilet rooms for women shall be covered. Such receptacles shall be emptied at least once a day, and more frequently when necessary, to prevent excessive accumulation of waste material.

vii. Hot or cold or tempered (90 degrees to 105 degrees Fahrenheit) water under pressure shall be provided in toilet facilities.

6. Lavatories shall be adequate in size and number and shall be so located as to permit convenient and expeditious use by all employees.

i. Lavatories shall be installed in accordance with N.J.A.C. 5:23, New Jersey Uniform Construction Code.

ii. Each lavatory shall be designed to provide hot and cold or tempered (90 degrees to 105 degrees Fahrenheit) running water.

iii. An adequate supply of hand cleansing soap, detergent, or other sanitizing solution shall be available at each lavatory. Also, an adequate supply of sanitary towels, or an approved drying device, shall be available and conveniently located near the lavatory. Common towels are prohibited. Where disposable towels are used, waste receptacles shall be located conveniently near the handwashing facilities.

iv. Lavatories, soap dispensers, hand drying devices, and all other components of the handwashing facilities shall be kept clean and in good repair.

N.J. Admin. Code § 8:21-5.6

Amended by 53 N.J.R. 2191(a), effective 12/20/2021