SB3112 93RD GENERAL ASSEMBLY

LRB093 15774 DRJ 47248 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3112

Introduced 2/6/2004, by Susan Garrett

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.625 new

Creates the Safe Bottled Water Act and amends the State Finance Act. Requires that water-bottling plant and private water source operators obtain a license from the Department of Public Health, and imposes a license fee of $150. Imposes an additional fee of $50 for late submission of applications for licensure. Imposes like fees for the registration of out-of-state water-bottling plants. Prescribes minimum standards for various activities in connection with bottled water or vended water. Preempts the exercise of home rule powers in connection with the licensing of activities relating to bottled water. Authorizes the Department to conduct inspections and undertake other activities in connection with administering the Act, and makes it a Class A misdemeanor to interfere with a representative of the Department who is conducting an inspection or other authorized activity. Creates the Safe Bottled Water Fund, to consist of moneys paid to the Department of Public Health under the Safe Bottled Water Act and to be used by the Department for administering the Act. Effective January 1, 2005.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to public health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Safe Bottled Water Act.

Section 5. Definitions. In this Act:

"Bottled water" means any water that is placed in a sealed container at a water-bottling plant to be used for drinking, 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.

"Department" means the Department of Public Health.

"Private water source" means a privately owned source of 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.

"Retail water facility" means any commercial establishment 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.

"Vended water" means any water that is dispensed by a water-vending machine or retail water facility, or water from a 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 system that has not undergone additional treatment. Water sold without further treatment is not "vended water".

"Water-bottling plant" means any facility in which bottled water is produced.

"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.

Section 10. Licenses required.

(a) No person may operate a water-bottling plant or a 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.

(b) It is unlawful for any person to bottle, collect, treat, or hold bottled water, or operate a private water source, without a license as required by this Act. Any bottled water dispensed by a private water source that is not licensed in compliance with this Act is misbranded and may be embargoed.

(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.

(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.

Section 15. Inspections and related activities.

(a) In order to carry out the purposes of this Act, any duly authorized representative of the Department may, at any reasonable hour of the day, do any of the following:

(1) Enter a inspect a licensed facility or any place where bottled water or vended water records are stored, kept, or maintained.

(2) Inspect and copy any records, reports, test results, or other information required to implement this Act.

(3) Obtain samples of the water supply and finished product.

(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, water hauler, private water source operator, or bottled water distributor to accompany the Department's representative during the inspection.

(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.

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 dairy product or non-beverage food, except that filling equipment may be used for dairy products and non-beverage foods in accordance with the following requirements:

(1) When filling equipment designed for cleaning in place is utilized for dairy products or 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.

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.

Section 30. Water-bottling plants located outside Illinois.

(a) 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.

(b) Every water-bottling plant located outside Illinois that sells or distributes bottled water in Illinois must annually provide to the Department proof of a satisfactory inspection report and sample results from a duly authorized state or federal bottled water regulatory agency.

Section 35. Safe Bottled Water Fund. The Safe Bottled Water 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.

Section 40. Denial, revocation, or suspension of license.

(a) The Department may deny any license application or 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.

(b) For purposes of this Section, "cause" means a violation of any provision of this Act or any regulation adopted pursuant to this Act.

Section 45. Potential contamination.

(a) Upon a determination by the Department that a 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.

(b) Within 7 days after notification by the Department, the 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 must conduct an analysis of the water source and submit the results of the analysis to the Department.

(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.

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 approved by the Department or another state's regulatory agency.

Section 55. Water packaged for use in public emergencies.

(a) The Department, by its written permission, may allow a person to package water for use in public emergencies without 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.

(b) The Department may at any time change or impose on the 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.

(c) Packing, distribution, and use of water under a permit 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.

(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.

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.

Section 90. The State Finance Act is amended by adding Section 5.625 as follows:

(30 ILCS 105/5.625 new)

Sec. 5.625. The Safe Bottled Water Fund.

Section 99. This Act takes effect January 1, 2005.