901:3-62-01 Criteria and definitions for processing bottled water.

(A) Food processing establishments processing and bottling drinking water shall comply with Chapter 901:3-62 and the applicable provisions of Chapter 901:3-1 of the Administrative Code.

(B) Definitions.

As used in Chapter 901:3-62 of the Administrative Code:

(1) "Approved source" means:

(a) A public water system, as defined in division (A) of section 6109.01 of the Revised Code, with a current license issued by the director of the EPA under authority of section 6109.21 of the Revised Code;

(b) A private water system, as defined in division (A) of section 3701.344 of the Revised Code, for which a permit has been issued under authority of paragraph (C) of rule 3701-28-03 of the Administrative Code and which is operating in compliance with the requirements of Chapter 3701. of the Revised Code and the rules adopted thereunder;

(c) A source of water which is not required by law to be licensed either as a public water system; or to be operated as a private water system in compliance with the requirements of Chapter 3701. of the Revised Code, but for which:

(i) A written opinion from either a geologist or hydrologist has been obtained stating that the location and geological characteristics of the source do not expose water from the source to contamination by a chemical, biological and radiological pollutants injurious to human health, and

(ii) An analysis of the water from the source, done by a United States environmental protection agency certified laboratory, a state EPA laboratory or a state certified laboratory, has been obtained verifying that the water from the source meets the chemical, biological and radiological quality requirements for bottled water and bottled water packaged in the United States contained in 21 CFR 165.110(b) (2011).

(2) "Board of health" means a board of health of a city or general health district or the authority having the duties of a board of health under Chapter 3709 of the Revised Code.

(3) "Bottled water" means all water, that is intended for human consumption, including artesian water, mineral water, purified water, sparkling bottled water, and spring water, and that is sealed in bottles, packages, or other containers with no added ingredients except that it may optionally contain safe and suitable antimicrobial agents. Floride may be optionally added within the limitations established in 21 C.F.R. Part 165.110(b)(4)(ii)(2011).

(4) "C.F.R." means Code of Federal Regulations.

(5) "Director" means the director of the Ohio department of agriculture.

(6) "E.P.A." means the Ohio environmental protection agency.

(7) "Lot" means a collection of primary containers or unit packages of the same size, type, and style produced under conditions as nearly uniform as possible and designated by a common container code or marking.

(8) "Multi-service containers" means containers intended for use more than one time.

(9) "Nontoxic materials" means materials for product water contact surfaces utilized in the transporting, processing, storing, and packaging of bottled water, which are free of substances which may render the water injurious to health or which may adversely affect the flavor, color, odor, or bacteriological quality of the water.

(10) "Operations water" means water that is delivered under pressure to a plant for container washing, hand washing, plant and equipment cleanup and for other sanitary purposes.

(11) "ppm" means parts per million.

(12) "Primary container" means the immediate container in which the product water is packaged.

(13) "Product water" means processed water used by a plant for bottled water.

(14) "Shipping case" means a container in which one or more primary containers of the product are held.

(15) "Single-service container" means a container intended for one time usage only.

(16) "TDS" means total dissolved solids.

(17) "Unit package" means a standard commercial package of bottled water, which may consist of one or more containers.

Cite as Ohio Admin. Code 901:3-62-01

Effective: 9/16/2016
Five Year Review (FYR) Dates: 07/01/2016 and 09/16/2021
Promulgated Under: 119.03
Statutory Authority: 913.28
Rule Amplifies: 913.22, 913.23
Prior Effective Dates: 10/1/1987, 7/7/2005