Susan Garrett
Filed: 2/18/2004
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1 | AMENDMENT TO SENATE BILL 3112
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2 | AMENDMENT NO. ______. Amend Senate Bill 3112 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Safe | ||||||
5 | Bottled Water Act.
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6 | Section 5. Definitions. In this Act:
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7 | "Bottled water" means any water that is placed in a
sealed | ||||||
8 | container at a water-bottling plant to be used for drinking,
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9 | culinary, or other purposes involving a likelihood of the water | ||||||
10 | being
ingested by humans. "Bottled water" does not include | ||||||
11 | water packaged
with the approval of the Department for use in a | ||||||
12 | public emergency.
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13 | "Department" means the Department of Public Health.
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14 | "Private water source" means a privately owned source of
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15 | water in Illinois, other than a public water system or private | ||||||
16 | water system as defined in the Illinois Groundwater Protection | ||||||
17 | Act, that is used for bottled or
vended water and meets the | ||||||
18 | requirements of an approved source for
bottled water as defined | ||||||
19 | in Section 129.3 of Title 21 of the Code of
Federal | ||||||
20 | Regulations.
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21 | "Retail water facility" means any commercial establishment
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22 | where vended water is sold, and placed in customers' | ||||||
23 | containers, or
placed in containers sold or given to customers | ||||||
24 | who come to the
establishment to obtain water.
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1 | "Vended water" means any water that is dispensed by a
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2 | water-vending machine or retail water facility, or water from a
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3 | private water source, and that is
dispensed by a water-vending | ||||||
4 | machine, retail water facility, water
hauler, or any other | ||||||
5 | person or facility for drinking, culinary, or
other purposes | ||||||
6 | involving a likelihood of the water being ingested by
humans. | ||||||
7 | "Vended water" does not include water from a public water
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8 | system that has not undergone additional treatment. Water sold
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9 | without further treatment is not "vended water".
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10 | "Water-bottling plant" means any facility in which bottled
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11 | water is produced.
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12 | "Water-vending machine" means any self-service device | ||||||
13 | that,
upon insertion of a coin, coins, or token, or upon | ||||||
14 | receipt of payment
by any other means, dispenses a unit volume | ||||||
15 | of water to be used for
drinking, culinary, or other purposes | ||||||
16 | involving a likelihood of the
water being ingested by humans.
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17 | Section 10. Licenses required.
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18 | (a) No person may operate a water-bottling plant or a
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19 | private water source in this
State, except pursuant to a | ||||||
20 | license issued by the Department. Bottled water must be | ||||||
21 | processed in conformance with 21 CFR Part 129 and must conform | ||||||
22 | to 21 CFR Part 165. If a
person has a valid water-bottling | ||||||
23 | plant license issued by the
Department, additional license fees | ||||||
24 | for a private water source
operator based and operating at the | ||||||
25 | same address
shall not be required.
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26 | (b) Any bottled water
produced by a private
water source or | ||||||
27 | water-bottling plant that is not licensed in compliance with | ||||||
28 | this Act is
misbranded and may be embargoed.
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29 | (c) It is unlawful for a water bottler, water distributor, | ||||||
30 | water-vending
machine owner,
retail water facility, or private | ||||||
31 | water source operator to
sell or otherwise distribute water | ||||||
32 | that is unsafe for use or that is
adulterated or
misbranded as | ||||||
33 | provided in the Illinois Food, Drug and Cosmetic Act.
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1 | (d) The licensing of activities relating to bottled water | ||||||
2 | as
provided in this Section is an exclusive power and function | ||||||
3 | of the State. A
home rule
unit may not license any activities | ||||||
4 | relating to bottled water
that are
licensed under this Section. | ||||||
5 | This subsection is a denial and limitation of home
rule
powers | ||||||
6 | and functions under subsection (h) of Section 6 of Article VII | ||||||
7 | of the
Illinois
Constitution.
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8 | Section 15. Inspections and related activities.
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9 | (a) In order to carry out the purposes of this Act,
any | ||||||
10 | duly authorized representative of the Department may, at any
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11 | reasonable hour of the day, do any of the following:
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12 | (1) Enter a inspect a licensed facility or any place | ||||||
13 | where
bottled water or vended water records are stored, | ||||||
14 | kept, or
maintained.
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15 | (2) Inspect and copy any records, reports, test | ||||||
16 | results, or other
information required to implement this | ||||||
17 | Act.
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18 | (3) Obtain samples of the water supply and finished | ||||||
19 | product.
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20 | (b) The Department shall inspect every water-bottling | ||||||
21 | plant and private water
source at least once each year. The | ||||||
22 | Department
shall
provide an opportunity for a representative of | ||||||
23 | the water-bottling
plant or private water source operator to | ||||||
24 | accompany the Department's representative
during the | ||||||
25 | inspection.
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26 | (c) Any person who prevents, interferes
with, or attempts | ||||||
27 | to impede in any way any duly authorized
representative of the | ||||||
28 | Department from undertaking any activity
authorized by this | ||||||
29 | Section is guilty of a Class A misdemeanor.
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30 | Section 20. Water intended for bottling; storage, | ||||||
31 | transportation, and processing. | ||||||
32 | (a) Water intended for bottling shall not be stored, |
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1 | transported, processed, or bottled through equipment or lines | ||||||
2 | used for any non-food product. | ||||||
3 | (b) Water intended for bottling shall not be stored, | ||||||
4 | transported, processed, or bottled through equipment or lines | ||||||
5 | used for any dairy product or non-beverage food, except that | ||||||
6 | filling equipment may be used for dairy products and | ||||||
7 | non-beverage foods in accordance with the following | ||||||
8 | requirements: | ||||||
9 | (1) When filling equipment designed for cleaning in | ||||||
10 | place is utilized for dairy products or non-beverage foods, | ||||||
11 | that equipment must be thoroughly cleaned and sanitized in | ||||||
12 | place in accordance with procedures specified by the | ||||||
13 | manufacturer and in 21 CFR Part 129 prior to being used for | ||||||
14 | bottled water. | ||||||
15 | (2) Fillers not designed for cleaning in place must be | ||||||
16 | completely disassembled for cleaning and sanitizing prior | ||||||
17 | to being used for bottled water.
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18 | Section 25. License fee. The fee for any license issued | ||||||
19 | under this Act is
$150. The
fee must be paid to the Department | ||||||
20 | before a license may be issued. Licenses issued under this Act | ||||||
21 | shall be issued annually. Licenses must be renewed annually on | ||||||
22 | or before January 1 of the year for which they are issued. The | ||||||
23 | Department may impose an additional fee of $50 on a person who | ||||||
24 | submits an application for a license after the deadline. The | ||||||
25 | Department shall use all fees received under this Act for the | ||||||
26 | purpose of recouping the costs of providing the services | ||||||
27 | required to be provided by the Department under this Act.
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28 | Section 30. Water-bottling plants located outside | ||||||
29 | Illinois. Every water-bottling plant located outside Illinois | ||||||
30 | that sells or distributes bottled water in Illinois must | ||||||
31 | annually register with the Department. The fee for registration | ||||||
32 | under this Act is $150. The Department may impose an additional |
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1 | fee of $50 on an out-of-state water-bottling plant that | ||||||
2 | registers after the deadline set by the Department. | ||||||
3 | Section 35. Safe Bottled Water Fund. The Safe Bottled Water
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4 | Fund is established as a special fund in the State treasury. | ||||||
5 | All moneys
received
by the Department under this Act shall be | ||||||
6 | deposited into the fund. Moneys in
the fund
shall be used by | ||||||
7 | the Department,
upon appropriation, for the purpose of | ||||||
8 | administering this Act.
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9 | Section 40. Denial, revocation, or suspension of license. | ||||||
10 | (a) The
Department may deny
any license application or
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11 | revoke or suspend any license issued under this Act for cause. | ||||||
12 | The Department
shall
inform the applicant or license holder of | ||||||
13 | the denial, revocation, or suspension
in
writing, stating with | ||||||
14 | particularity the reasons for the denial,
revocation, or | ||||||
15 | suspension.
The Department shall afford the applicant or | ||||||
16 | license holder an opportunity for
a hearing in accordance with | ||||||
17 | the Illinois Administrative Procedure Act.
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18 | (b) For purposes of this Section, "cause" means a violation | ||||||
19 | of any
provision of this Act or any regulation adopted pursuant | ||||||
20 | to this
Act.
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21 | Section 45. Potential contamination. | ||||||
22 | (a) Upon a determination by the Department that a
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23 | particular water source is subject to potential contamination, | ||||||
24 | the
Department shall notify the appropriate bottler, | ||||||
25 | distributor, or vendor of
bottled water, owner or operator of a | ||||||
26 | water-vending machine,
water hauler, retail water facility | ||||||
27 | operator, or private
water source operator of the specific | ||||||
28 | contaminants or class of
contaminants that pose a potential | ||||||
29 | health risk.
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30 | (b) Within 7 days after notification by the Department, the
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31 | bottler, distributor, or vendor of bottled water, owner or
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1 | operator of a water-vending machine, water hauler, retail
water | ||||||
2 | facility operator, or private water source operator must
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3 | conduct an analysis of the water source and submit the results | ||||||
4 | of the
analysis to the Department.
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5 | (c) If evidence of contamination is found, the Department | ||||||
6 | may, by
order, require the bottler of bottled water,
owner or | ||||||
7 | operator of a water-vending machine, or private water
source | ||||||
8 | operator to conduct an analysis of the finished water product | ||||||
9 | for
the contaminants of concern in accordance with conditions | ||||||
10 | specified
by the Department. The water analysis must be | ||||||
11 | conducted and
reported on an annual basis, unless the | ||||||
12 | Department finds that
reasonable action requires either more | ||||||
13 | frequent or less frequent
analysis.
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14 | Section 50. Testing laboratories. All testing of bottled | ||||||
15 | water, bottled
water sources,
water distributed by water | ||||||
16 | haulers, water from retail water facilities,
and water from | ||||||
17 | vending machines must be done by competent laboratories
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18 | approved by the Department or another state's regulatory | ||||||
19 | agency.
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20 | Section 55. Water packaged for use in public emergencies. | ||||||
21 | (a) The Department, by its written permission, may allow a
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22 | person to package water for use in public emergencies without
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23 | obtaining a water bottling license if the emergency has | ||||||
24 | resulted
in the interruption of, or has compromised the quality | ||||||
25 | of, the public
drinking water supply. The Department's | ||||||
26 | permission may authorize the
suspension
of any provision of | ||||||
27 | this Act and related regulations.
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28 | (b) The Department may at any time change or impose on the
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29 | permittee any requirements, such as requirements concerning | ||||||
30 | testing, equipment,
and
documentation, that the Department | ||||||
31 | deems necessary to protect public
health, but in doing so, the | ||||||
32 | Department must consider the effect of those
requirements in |
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1 | light of the urgency of the situation. The
Department may grant | ||||||
2 | or withdraw this permission at any time.
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3 | (c) Packing, distribution, and use of water under a permit
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4 | shall be allowed only during the emergency period and shall end | ||||||
5 | upon
the restoration of adequate public drinking supplies as | ||||||
6 | determined by
the Department. Distribution of the packaged | ||||||
7 | water shall be limited to the area
affected.
Water so packaged | ||||||
8 | shall be prominently labeled "drinking water",
"for emergency | ||||||
9 | use only", and "not for sale", or similar wording
approved by | ||||||
10 | the Department.
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11 | (d) This Section shall not be construed to restrict | ||||||
12 | licensed
water-bottling plants from providing water processed | ||||||
13 | in accordance
with this Act in emergency situations.
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14 | Section 60. Violation; penalty. A person who commits a | ||||||
15 | violation of this Act other than a violation of subsection (c) | ||||||
16 | of Section 15 is guilty of a petty offense and subject to a | ||||||
17 | fine of not more than $1,000.
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18 | Section 90. The State Finance Act is amended by adding | ||||||
19 | Section 5.625 as follows: | ||||||
20 | (30 ILCS 105/5.625 new)
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21 | Sec. 5.625. The Safe Bottled Water Fund.
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22 | Section 99. Effective date. This Act takes effect January | ||||||
23 | 1, 2005.".
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