N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-6.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 5-6.3 - Definitions

As used in this Subpart, the following words or terms shall have the indicated meaning, except as otherwise specifically provided:

(a) Approved laboratory shall mean a laboratory approved and certified by the New York State Department of Health's Environmental Laboratory Approval Program.

(b) Approved source shall mean the source of water from a spring, artesian well, drilled well, municipal water supply or any other source which has been evaluated and found to be of satisfactory sanitary quality as determined by the State.

(c) Artesian well water shall mean water that comes from a deep well where water is forced up by underground pressure.

(d) Bottled water shall mean any product, including natural spring or well water taken from municipal or private utility systems or other water, distilled water, deionized water, or any of the foregoing to which chemicals may be added, which are put into sealed bottles, packages, or other containers, to be sold for domestic consumption or culinary use, involving a likelihood of such water being ingested by human beings.

(e) Bottled and Bulk Water Standards shall mean this Subpart.

(f) Bulk water shall mean water intended for potable uses which is transported by tank trucks.

(g) Commissioner shall mean the Commissioner of Health of the State of New York.

(h) Department shall mean the New York State Department of Health.

(i) Food and Drugs 21 CFR shall mean the Code of Federal Regulations, Title 21, Food and Drugs, as published in the Federal Register, Volume 42, page 14355, March 15, 1977, as amended by Volume 44, page 12175, March 6, 1979 and found in 21 CFR, Part 129 - Processing and Bottling of Bottled Drinking Water, pages 137 through 141, revised as of April 1, 1988. A copy is available for public inspection at the offices of the Records Access Officer of the Department of Health, Empire State Plaza, Corning Tower, Albany, NY 12237.

(j) Maximum contaminant level (MCL) shall mean permissible level of a physical, chemical, radiological or microbiological substance in water.

(k) Multi-use containers shall mean those containers which are intended by the bottler for more than one use.

(l) Nontoxic materials shall mean materials used in transporting, storing and packaging of bottled or bulk water, which are free of substances which may render the water harmful to health or which may adversely affect the flavor, color, odor, or microbiological or chemical quality of the finished product.

(m) Person shall mean an individual, corporation, company, association, partnership, State agency, municipality, county or Federal agency.

(n) Person in charge shall mean the designated employee or employees who are appointed and in responsible charge of the bottling facility and who are present at all times during the bottling operation.

(o) Principal organic contaminant (POC) shall mean any organic chemical compound belonging to the following classes, except for trichloromethane (chloroform), dibromochloromethane, bromodichloromethane, tribromomethane (bromoform) and any other organic chemical contaminant with a specific MCL listed in section 5-6.11 of this Subpart:

(1) Halogenated Alkane.

(2) Halogenated Ether.

(3) Halobenzenes and Substituted Halobenzenes.

(4) Benzene and Alkyl- or Nitrogen-Substituted Benzenes.

(5) Substituted, Unsaturated Hydrocarbons.

(6) Halogenated Nonaromatic Cyclic Hydrocarbons.

(p) Production line shall mean an assemblage of water bottling equipment which shares product water contact surfaces and may be used to fill one or more container types/sizes or product types.

(q) Recommended Standards for Water Works shall mean the New York State Health Department publication, 1987 edition, published by Health Research, Inc., P.O. Box 7126, Albany, NY 12224. A copy is available for public inspection at the offices of the records access officer of the Department of Health, Empire State Plaza, Corning Tower, Albany, NY 12237.

(r) Rural Water Supply shall mean the New York State Department of Health publication as copyrighted in 1966 and reprinted in 1988. A copy is available for public inspection at the offices of the records access officer of the Department of Health, Empire State Plaza, Coming Tower, Albany, NY 12237.

(s) Spring water shall mean water derived from an underground formation from which water flows naturally to the surface of the earth.

(t) State shall mean the State Commissioner of Health or his designated representative.

(u) Total trihalomethane (TTHM) shall mean the sum of the concentration of trichloromethane (chloroform), dibromochloromethane, bromodichloromethane and tribromomethane (bromoform).

(v) Unspecified organic contaminant (UOC) shall mean any organic chemical compound not otherwise specified in this Subpart.

(w) Violation shall mean the failure to comply with or conform to the provisions of this Subpart.

(x) Well water shall mean water that is taken from below the ground through piping or similar installed device using external force or vacuum.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 5-6.3