Public Act 093-0866
Public Act 0866 93RD GENERAL ASSEMBLY
|Public Act 093-0866
||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:
This Act may be cited as the
Bottled Water Act.
In this Act:
"Bottled water" means any water that is placed in a
container at a water-bottling plant to be used for drinking,
culinary, or other purposes involving a likelihood of the water
ingested by humans. "Bottled water" does not include
with the approval of the Department for use in a
"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
"Retail water facility" means any commercial establishment
where vended water is sold, and placed in customers'
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
involving a likelihood of the water being ingested by
"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
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.
(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
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,
retail water facility, or private
water source operator to
sell or otherwise distribute water
that is unsafe for use or that is
provided in the Illinois Food, Drug and Cosmetic Act.
(d) The licensing of activities relating to bottled water
provided in this Section is an exclusive power and function
of the State. A
unit may not license any activities
relating to bottled water
licensed under this Section.
This subsection is a denial and limitation of home
and functions under subsection (h) of Section 6 of Article VII
Inspections and related activities.
(a) In order to carry out the purposes of this Act,
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
bottled water or vended water records are stored,
(2) Inspect and copy any records, reports, test
results, or other
information required to implement this
(3) Obtain samples of the water supply and finished
(b) The Department shall inspect every water-bottling
plant and private water
source at least once each year. The
provide an opportunity for a representative of
plant or private water source operator to
accompany the Department's representative
(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.
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
(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
(2) Fillers not designed for cleaning in place must be
completely disassembled for cleaning and sanitizing prior
to being used for bottled water.
The fee for any license issued
under this Act is
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.
Water-bottling plants located outside
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.
Safe Bottled Water Fund.
The Safe Bottled Water
Fund is established as a special fund in the State treasury.
by the Department under this Act shall be
deposited into the fund. Moneys in
shall be used by
upon appropriation, for the purpose of
administering this Act.
Denial, revocation, or suspension of license.
Department may deny
any license application or
revoke or suspend any license issued under this Act for cause.
inform the applicant or license holder of
the denial, revocation, or suspension
writing, stating with
particularity the reasons for the denial,
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
provision of this Act or any regulation adopted pursuant
(a) Upon a determination by the Department that a
particular water source is subject to potential contamination,
Department shall notify the appropriate bottler,
distributor, or vendor of
bottled water, owner or operator of a
water hauler, retail water facility
operator, or private
water source operator of the specific
contaminants or class of
contaminants that pose a potential
(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
facility operator, or private water source operator must
conduct an analysis of the water source and submit the results
analysis to the Department.
(c) If evidence of contamination is found, the Department
order, require the bottler of bottled water,
operator of a water-vending machine, or private water
operator to conduct an analysis of the finished water product
the contaminants of concern in accordance with conditions
by the Department. The water analysis must be
reported on an annual basis, unless the
Department finds that
reasonable action requires either more
frequent or less frequent
All testing of bottled
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
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
in the interruption of, or has compromised the quality
of, the public
drinking water supply. The Department's
permission may authorize the
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
documentation, that the Department
deems necessary to protect public
health, but in doing so, the
Department must consider the effect of those
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
the restoration of adequate public drinking supplies as
the Department. Distribution of the packaged
water shall be limited to the area
Water so packaged
shall be prominently labeled "drinking water",
use only", and "not for sale", or similar wording
(d) This Section shall not be construed to restrict
water-bottling plants from providing water processed
with this Act in emergency situations.
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.
The State Finance Act is amended by adding
Section 5.625 as follows:
(30 ILCS 105/5.625 new)
The Safe Bottled Water Fund.
Section 99. Effective date.
This Act takes effect January
Effective Date: 1/1/2005