Public Act 093-0866
 
SB3112 Enrolled LRB093 15774 DRJ 47248 b

    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) 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.
    (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 and 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 or private water source operator 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 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.
 
    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. 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
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. Effective date. This Act takes effect January
1, 2005.