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| Public Act 093-0866 |
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AN ACT in relation to public health.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Safe | ||||
Bottled Water Act.
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Section 5. Definitions. In this Act:
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"Bottled water" means any water that is placed in a
sealed | ||||
container at a water-bottling plant to be used for drinking,
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culinary, or other purposes involving a likelihood of the water | ||||
being
ingested by humans. "Bottled water" does not include | ||||
water packaged
with the approval of the Department for use in a | ||||
public emergency.
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"Department" means the Department of Public Health.
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"Private water source" means a privately owned source of
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water in Illinois, other than a public water system or private | ||||
water system as defined in the Illinois Groundwater Protection | ||||
Act, that is used for bottled or
vended water and meets the | ||||
requirements of an approved source for
bottled water as defined | ||||
in Section 129.3 of Title 21 of the Code of
Federal | ||||
Regulations.
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"Retail water facility" means any commercial establishment
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where vended water is sold, and placed in customers' | ||||
containers, or
placed in containers sold or given to customers | ||||
who come to the
establishment to obtain water.
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"Vended water" means any water that is dispensed by a
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water-vending machine or retail water facility, or water from a
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private water source, and that is
dispensed by a water-vending | ||||
machine, retail water facility, water
hauler, or any other | ||||
person or facility for drinking, culinary, or
other purposes | ||||
involving a likelihood of the water being ingested by
humans. | ||||
"Vended water" does not include water from a public water
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system that has not undergone additional treatment. Water sold
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without further treatment is not "vended water".
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"Water-bottling plant" means any facility in which bottled
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water is produced.
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"Water-vending machine" means any self-service device | ||
that,
upon insertion of a coin, coins, or token, or upon | ||
receipt of payment
by any other means, dispenses a unit volume | ||
of water to be used for
drinking, culinary, or other purposes | ||
involving a likelihood of the
water being ingested by humans.
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Section 10. Licenses required.
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(a) No person may operate a water-bottling plant or a
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private water source in this
State, except pursuant to a | ||
license issued by the Department. Bottled water must be | ||
processed in conformance with 21 CFR Part 129 and must conform | ||
to 21 CFR Part 165. If a
person has a valid water-bottling | ||
plant license issued by the
Department, additional license fees | ||
for a private water source
operator based and operating at the | ||
same address
shall not be required.
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(b) Any bottled water
produced by a private
water source or | ||
water-bottling plant that is not licensed in compliance with | ||
this Act is
misbranded and may be embargoed.
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(c) It is unlawful for a water bottler, water distributor, | ||
water-vending
machine owner,
retail water facility, or private | ||
water source operator to
sell or otherwise distribute water | ||
that is unsafe for use or that is
adulterated or
misbranded as | ||
provided in the Illinois Food, Drug and Cosmetic Act.
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(d) The licensing of activities relating to bottled water | ||
as
provided in this Section is an exclusive power and function | ||
of the State. A
home rule
unit may not license any activities | ||
relating to bottled water
that are
licensed under this Section. | ||
This subsection is a denial and limitation of home
rule
powers | ||
and functions under subsection (h) of Section 6 of Article VII | ||
of the
Illinois
Constitution.
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Section 15. Inspections and related activities.
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(a) In order to carry out the purposes of this Act,
any | ||
duly authorized representative of the Department may, at any
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reasonable hour of the day, do any of the following:
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(1) Enter and inspect a licensed facility or any place | ||
where
bottled water or vended water records are stored, | ||
kept, or
maintained.
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(2) Inspect and copy any records, reports, test | ||
results, or other
information required to implement this | ||
Act.
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(3) Obtain samples of the water supply and finished | ||
product.
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(b) The Department shall inspect every water-bottling | ||
plant and private water
source at least once each year. The | ||
Department
shall
provide an opportunity for a representative of | ||
the water-bottling
plant or private water source operator to | ||
accompany the Department's representative
during the | ||
inspection.
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(c) Any person who prevents, interferes
with, or attempts | ||
to impede in any way any duly authorized
representative of the | ||
Department from undertaking any activity
authorized by this | ||
Section is guilty of a Class A misdemeanor.
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Section 20. Water intended for bottling; storage, | ||
transportation, and processing. | ||
(a) Water intended for bottling shall not be stored, | ||
transported, processed, or bottled through equipment or lines | ||
used for any non-food product. | ||
(b) Water intended for bottling shall not be stored, | ||
transported, processed, or bottled through equipment or lines | ||
used for any non-beverage food, except that filling equipment | ||
may be used for non-beverage foods in accordance with the | ||
following requirements: | ||
(1) When filling equipment designed for cleaning in | ||
place is utilized for non-beverage foods, that equipment | ||
must be thoroughly cleaned and sanitized in place in | ||
accordance with procedures specified by the manufacturer | ||
and in 21 CFR Part 129 prior to being used for bottled | ||
water. | ||
(2) Fillers not designed for cleaning in place must be | ||
completely disassembled for cleaning and sanitizing prior | ||
to being used for bottled water.
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Section 25. License fee. The fee for any license issued | ||
under this Act is
$150. The
fee must be paid to the Department | ||
before a license may be issued. Licenses issued under this Act | ||
shall be issued annually. Licenses must be renewed annually on | ||
or before January 1 of the year for which they are issued. The | ||
Department may impose an additional fee of $50 on a person who | ||
submits an application for a license after the deadline. The | ||
Department shall use all fees received under this Act for the | ||
purpose of recouping the costs of providing the services | ||
required to be provided by the Department under this Act.
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Section 30. Water-bottling plants located outside | ||
Illinois. Every water-bottling plant located outside Illinois | ||
that sells or distributes bottled water in Illinois must | ||
annually register with the Department. The fee for registration | ||
under this Act is $150. The Department may impose an additional | ||
fee of $50 on an out-of-state water-bottling plant that | ||
registers after the deadline set by the Department. | ||
Section 35. Safe Bottled Water Fund. The Safe Bottled Water
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Fund is established as a special fund in the State treasury. | ||
All moneys
received
by the Department under this Act shall be | ||
deposited into the fund. Moneys in
the fund
shall be used by | ||
the Department,
upon appropriation, for the purpose of | ||
administering this Act.
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Section 40. Denial, revocation, or suspension of license. | ||
(a) The
Department may deny
any license application or
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revoke or suspend any license issued under this Act for cause. | ||
The Department
shall
inform the applicant or license holder of | ||
the denial, revocation, or suspension
in
writing, stating with | ||
particularity the reasons for the denial,
revocation, or | ||
suspension.
The Department shall afford the applicant or | ||
license holder an opportunity for
a hearing in accordance with | ||
the Illinois Administrative Procedure Act.
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(b) For purposes of this Section, "cause" means a violation | ||
of any
provision of this Act or any regulation adopted pursuant | ||
to this
Act.
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Section 45. Potential contamination. | ||
(a) Upon a determination by the Department that a
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particular water source is subject to potential contamination, | ||
the
Department shall notify the appropriate bottler, | ||
distributor, or vendor of
bottled water, owner or operator of a | ||
water-vending machine,
water hauler, retail water facility | ||
operator, or private
water source operator of the specific | ||
contaminants or class of
contaminants that pose a potential | ||
health risk.
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(b) Within 7 days after notification by the Department, the
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bottler, distributor, or vendor of bottled water, owner or
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operator of a water-vending machine, water hauler, retail
water | ||
facility operator, or private water source operator must
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conduct an analysis of the water source and submit the results | ||
of the
analysis to the Department.
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(c) If evidence of contamination is found, the Department | ||
may, by
order, require the bottler of bottled water,
owner or | ||
operator of a water-vending machine, or private water
source | ||
operator to conduct an analysis of the finished water product | ||
for
the contaminants of concern in accordance with conditions | ||
specified
by the Department. The water analysis must be | ||
conducted and
reported on an annual basis, unless the | ||
Department finds that
reasonable action requires either more | ||
frequent or less frequent
analysis.
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Section 50. Testing laboratories. All testing of bottled | ||
water, bottled
water sources,
water distributed by water | ||
haulers, water from retail water facilities,
and water from | ||
vending machines must be done by competent laboratories
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approved by the Department or another state's regulatory | ||
agency.
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Section 55. Water packaged for use in public emergencies. | ||
(a) The Department, by its written permission, may allow a
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person to package water for use in public emergencies without
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obtaining a water bottling license if the emergency has | ||
resulted
in the interruption of, or has compromised the quality | ||
of, the public
drinking water supply. The Department's | ||
permission may authorize the
suspension
of any provision of | ||
this Act and related regulations.
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(b) The Department may at any time change or impose on the
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permittee any requirements, such as requirements concerning | ||
testing, equipment,
and
documentation, that the Department | ||
deems necessary to protect public
health, but in doing so, the | ||
Department must consider the effect of those
requirements in | ||
light of the urgency of the situation. The
Department may grant | ||
or withdraw this permission at any time.
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(c) Packing, distribution, and use of water under a permit
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shall be allowed only during the emergency period and shall end | ||
upon
the restoration of adequate public drinking supplies as | ||
determined by
the Department. Distribution of the packaged | ||
water shall be limited to the area
affected.
Water so packaged | ||
shall be prominently labeled "drinking water",
"for emergency | ||
use only", and "not for sale", or similar wording
approved by | ||
the Department.
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(d) This Section shall not be construed to restrict | ||
licensed
water-bottling plants from providing water processed | ||
in accordance
with this Act in emergency situations.
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Section 60. Violation; penalty. A person who commits a | ||
violation of this Act other than a violation of subsection (c) | ||
of Section 15 is guilty of a petty offense and subject to a | ||
fine of not more than $1,000.
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Section 90. The State Finance Act is amended by adding | ||
Section 5.625 as follows: | ||
(30 ILCS 105/5.625 new)
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Sec. 5.625. The Safe Bottled Water Fund. | ||
Section 99. Effective date. This Act takes effect January | ||
1, 2005.
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