CHAPTER 419a
NONALCOHOLIC BEVERAGES

Table of Contents

Sec. 21a-137. (Formerly Sec. 19-271). License fee; disposition.
Sec. 21a-138. (Formerly Sec. 19-272). Suspension and revocation of license.
Sec. 21a-150. Bottled water: Definitions.
Sec. 21a-150a. Bottled water: Approval of in-state and out-of-state sources; compliance with federal quality standards.
Sec. 21a-150b. Analysis of source water for contaminants. Testing for unregulated contaminants.
Sec. 21a-150c. Analysis of representative samples of bottled water to determine compliance with federal and state standards.
Sec. 21a-150d. Results of analysis. Reports. Records.
Sec. 21a-150f. Processing and packaging.
Sec. 21a-150h. Water classifications. Labeling.

PART I
GENERAL PROVISIONS

      Sec. 21a-137. (Formerly Sec. 19-271). License fee; disposition. A fee of one hundred fifty dollars shall accompany each application for the license provided for in section 21a-136. Each such license shall expire annually. Such license shall be in such form as the Commissioner of Consumer Protection determines and shall be kept exposed to view in a conspicuous place upon the premises where such business is conducted or carried on. All fees received for such licenses shall be paid by the commissioner to the State Treasurer. No person, firm, corporation or distributor shall sell, offer for sale or distribute within the state any beverages manufactured or bottled beyond the boundaries of the state unless such person, firm, corporation or distributor has made application for and secured a license from said commissioner upon the payment of one hundred fifty dollars, and no such license shall be issued by said commissioner until such establishment has been inspected by him or his agent or until such establishment has furnished said commissioner a certificate from the commission having the enforcement of the beverage law in the state where such establishment is located that such establishment complies in every respect with the requirements of the Connecticut beverage law. The provisions of this section shall not apply to out-of-state manufacturers, bottlers or distributors of malt and cereal drinks, grape juice, lime juice, fruit-flavored syrups, powders or mixtures, concentrated fruit juices or fruit and vegetable juices.

      (1949 Rev., S. 3985; 1959, P.A. 389, S. 1; P.A. 76-183, S. 1, 2; P.A. 94-36, S. 26, 42; June Sp. Sess. P.A. 09-3, S. 284; P.A. 11-242, S. 60.)

      History: 1959 act raised fee from $20 to $50; P.A. 76-183 raised fee to $75; Sec. 19-271 transferred to Sec. 21a-137 in 1983; P.A. 94-36 eliminated the reference to the "thirtieth day of June" license expiration date, effective January 1, 1995; June Sp. Sess. P.A. 09-3 increased fees from $75 to $150; P.A. 11-242 substituted "Commissioner of Consumer Protection" for "commissioner" and added distributor to list of entities requiring licensure.

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      Sec. 21a-138. (Formerly Sec. 19-272). Suspension and revocation of license. The Commissioner of Consumer Protection, after hearing, of the time and place of which reasonable notice shall have been given, may suspend or revoke any such license for any of the following causes: The use of any polluted water; for bottled water obtained from a source located in the state, the failure to obtain approval for the use of such source from the Department of Public Health; for bottled water obtained from a source located out of state, the failure to obtain approval for the use of such source from the government entities having jurisdiction to regulate the use of such source; failure to conduct such business in a sanitary place and under sanitary conditions; the use of any ingredient impure or injurious to health; a conviction for a violation of the federal law in relation to intoxicating liquors or any state liquor control act; failure to comply with the provisions of this part, part III of this chapter and chapters 416, 417 and 430, relating to the manufacture of pure foods, so far as the same may apply to the provisions of this part, or failure to comply with any order of the commissioner under the provisions of this part. No person, during any period when his license is suspended or revoked, shall manufacture any beverage or sell or offer for sale any beverage previously manufactured by him. No person shall sell any beverage from open containers.

      (1949 Rev., S. 3986; P.A. 86-241, S. 12; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 11-242, S. 61.)

      History: Sec. 19-272 transferred to Sec. 21a-138 in 1983; P.A. 86-241 authorized the commissioner to suspend or revoke a license for failing to use a source for bottled water which is approved by the department of health services and for failure to comply with the revision of part III of chapter 419a; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 11-242 substituted "Commissioner of Consumer Protection" for "commissioner" and added provisions re suspension or revocation of license for failure to obtain bottled water from an approved in-state source and failure to obtain bottled water from an approved out-of-state source.

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PART III
BOTTLED WATER

      Sec. 21a-150. Bottled water: Definitions. For the purposes of this section and sections 21a-150a to 21a-150j, inclusive:

      (1) "Approved laboratory" means a laboratory registered by the Department of Public Health pursuant to section 19a-29a or certified by the United States Environmental Protection Agency to analyze drinking water;

      (2) "Approved source" means the source of any bottled water, including, but not limited to, a spring, artesian well, drilled well or public water supply, that, for a source located in the state, has been inspected and approved by the Department of Public Health, or for a source located out of state, has been inspected and approved by the government entities having jurisdiction to regulate the use of such out-of-state source;

      (3) "Artesian well water" means bottled natural water obtained from a well tapping an aquifer in which the level of the water is above the bottom of the confining bed of the aquifer and in which the hydraulic pressure of the water in the aquifer is greater than the atmospheric pressure;

      (4) "Bottled water", or any term of similar import, means water obtained from an approved source that is packaged for sale or distribution. "Bottled water" shall not include any soda or seltzer that is packaged for sale or distribution;

      (5) "Bottler" means any person, firm or corporation engaging in the business of bottling or distributing water for sale or distribution;

      (6) "Distilled water" means purified water that has been produced by a process of distillation;

      (7) "Drinking water" means bottled water that has been distilled, fluoridated or purified or that has been disinfected by a process of ozonation and filtration or any substantially similar disinfection process;

      (8) "Fluoridated water" means bottled water that contains fluoride ions in an amount not less than eight-tenths of one milligram per liter and not more than one and two-tenths milligrams per liter or such alternative concentration limit as the Commissioner of Consumer Protection, with the advice and assistance of the Commissioner of Public Health, may determine by regulations adopted in accordance with the provisions of chapter 54 and that otherwise complies with the provisions of Subsections (b), (c) and (d) of 21 CFR 165.110;

      (9) "Mineral water" means natural water that contains not less than five hundred parts per million total dissolved solids;

      (10) "Natural water" means bottled spring water, artesian well water or well water, that has been obtained from any approved source other than a public water supply and that has not been modified by blending with water from any other source or by the addition or deletion of any mineral other than any addition or deletion that may occur as a result of ozonation, filtration or any other substantially similar disinfection process;

      (11) "Principal display panel" means the portion of a label on any container or package that is most likely to be displayed, presented or examined under normal and customary conditions of display and purchase of bottled water;

      (12) "Public water supply" means any individual, partnership, association, corporation, municipality or other entity, or the lessee thereof, that owns, maintains, operates, manages, controls or employs any pond, lake, reservoir, well, stream or distributing plant or system for the purpose of supplying water by service connections or pipe distribution systems to two or more hotels, motels, boardinghouses, apartments, stores, office buildings, institutions, mechanical or manufacturing establishments or other places of business or industry to which water is supplied by a water company or to twenty-five or more persons on a regular basis;

      (13) "Purified water" means bottled water that is produced by distillation, deionization, reverse osmosis or any other suitable process and that meets standards established for purified water in the twentieth edition of the United States Pharmacopoeia;

      (14) "Spring water" means natural water obtained from an underground formation from which water flows naturally to the surface of the earth; and

      (15) "Well water" means natural water obtained from a hole bored, drilled or otherwise constructed in the ground, that taps the water of an aquifer.

      (P.A. 86-241, S. 1; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; P.A. 11-242, S. 62.)

      History: P.A. 93-381 replaced department and commissioner of health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 11-242 added new Subdiv. (1) defining "approved laboratory", redesignated existing Subdivs. (1) to (14) as Subdivs. (2) to (15), redefined "approved source" in Subdiv. (2), redefined "bottler" in Subdiv. (5), substituted "Subsections (b), (c) and (d) of 21 CFR 165.110" for "Subdivision 2 of Subsection (d) of 21 Code of Federal Regulations 103.35" in Subdiv. (8) and made technical changes.

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      Sec. 21a-150a. Bottled water: Approval of in-state and out-of-state sources; compliance with federal quality standards. (a)(1) Bottled water sold or distributed in the state shall be obtained from an approved source.

      (2) A bottler selling or distributing bottled water obtained from a source located in the state shall obtain approval for the use of such source from the Department of Public Health. The Department of Public Health shall inspect each bottled water source located in the state and, if such source meets quality and safety requirements, issue an approval for such source. An approval issued by the Department of Public Health pursuant to this subsection shall expire three years from the date of issue.

      (3) A bottler selling or distributing bottled water obtained from a source located out of state shall submit to the Commissioner of Consumer Protection a copy of a current license or approval for the use of such source from each government entity having jurisdiction to regulate the use of the source (A) when applying or reapplying for a license issued pursuant to section 21a-136, (B) upon substantial modification of the source or source treatment, or (C) upon the addition of a new source.

      (b) No bottled water shall be sold or distributed which does not comply with the quality standards set forth in 21 CFR 165.110 and 21 USC 342.

      (c) A bottler shall be subject to the provisions of sections 21a-135 to 21a-145, inclusive.

      (P.A. 86-241, S. 2; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 11-242, S. 63.)

      History: P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 11-242 amended Subsec. (a) by replacing former provision with Subdivs. (1) to (3) re bottled water sold or distributed from an approved in-state or out-of-state source and amended Subsec. (b) by replacing provision re compliance with regulations adopted by Department of Public Health with "quality standards set forth in 21 CFR 165.110 and 21 USC 342".

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      Sec. 21a-150b. Analysis of source water for contaminants. Testing for unregulated contaminants. (a) Qualified employees of a bottler shall collect samples of water from each approved source used by such bottler not less than once annually to test for contaminants for which allowable levels have been established in accordance with 21 CFR 165.110 and regulations adopted pursuant to sections 21a-150 to 21a-150j, inclusive, and not less than once every three years to test for contaminants for which monitoring is required pursuant to sections 21a-150 to 21a-150j, inclusive, but for which no allowable level has been established. Qualified employees of an approved laboratory shall analyze such samples to determine whether such source complies with the provisions of sections 21a-150 to 21a-150j, inclusive, any regulation adopted pursuant to said sections and any allowable contaminant level set forth in 21 CFR 165.110. Microbiological analysis shall be conducted not less than once each calendar quarter if the source of such water is other than a public water supply and shall be in addition to any sampling and analysis conducted by any government agency or laboratory.

      (b) Qualified employees of a bottler shall collect samples of water from any source used by such bottler when such bottler knows or has reason to believe that water obtained from such source contains an unregulated contaminant in an amount which may adversely affect the health or welfare of the public. Qualified employees of an approved laboratory shall analyze such samples periodically to determine whether water obtained from any such source is safe for public consumption or use.

      (P.A. 86-241, S. 3; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 11-242, S. 64.)

      History: P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 11-242 amended Subsec. (a) by substituting "allowable" for "maximum" re contaminant level, by substituting "21 CFR 165.110" for "regulations adopted pursuant to section 19a-36, concerning public drinking water" and by making technical changes and amended Subsecs. (a) and (b) by substituting "approved laboratory" for "laboratory approved by the Department of Public Health".

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      Sec. 21a-150c. Analysis of representative samples of bottled water to determine compliance with federal and state standards. (a) Each bottler shall:

      (1) Collect, on a weekly basis, a representative sample from a batch or segment of a continuous production of each type of water sold by such bottler in this state, and have such sample analyzed by an approved laboratory to determine whether such sample complies with the microbiological standards set forth in 21 CFR 165.110; and

      (2) Collect, not less than once annually, a representative sample from a batch or segment of a continuous production of each type of bottled water sold by such bottler in this state, and have such sample analyzed by an approved laboratory to determine whether such sample complies with the chemical, inorganic, organic, physical and radiological standards set forth in regulations adopted by the Department of Public Health pursuant to section 19a-36 concerning public drinking water. Each bottler that uses water obtained from an out-of-state source may meet the requirements of this subdivision by demonstrating compliance with substantially similar standards established by the government entity having jurisdiction to regulate the use of such source.

      (b) Each sample collected in accordance with the provisions of subsection (a) of this section shall be obtained from the bottled product.

      (P.A. 86-241, S. 4; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 11-242, S. 65.)

      History: P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 11-242 amended Subsec. (a) by substituting "21 CFR 165.110" for "regulations adopted by the Department of Public Health pursuant to section 19a-36 concerning public drinking water" in Subdiv. (1), by substituting "approved laboratory" for "laboratory approved by the Department of Public Health" and, in Subdiv. (2), by adding provision re bottler using out-of-state source water.

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      Sec. 21a-150d. Results of analysis. Reports. Records. (a) A laboratory which analyzes any water sample in accordance with any provision of sections 21a-150 to 21a-150j, inclusive, shall report the results of such analysis to the bottler of such water.

      (b) Such results shall be available for inspection by the Department of Consumer Protection.

      (c) A bottler shall report any result which indicates that a water sample contains contaminants in an amount exceeding any applicable standard to the Department of Consumer Protection not later than twenty-four hours after learning of such result.

      (d) All records of any sampling or analysis conducted in accordance with the provisions of sections 21a-150 to 21a-150j, inclusive, shall be maintained on the premises of the bottler for not less than five years.

      (P.A. 86-241, S. 5; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 11-242, S. 66.)

      History: P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 11-242 amended Subsec. (b) by deleting reference to Department of Public Health and amended Subsec. (c) by substituting "any applicable standard" for provision re standards set forth in state statutes and regulations, by deleting requirement that results be reported to Department of Public Health and by making technical changes.

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      Sec. 21a-150f. Processing and packaging. (a) A bottler shall process and package any water bottled for sale, in accordance with 21 CFR 110, 21 CFR 129 and any regulation adopted in accordance with the provisions of sections 21a-150 to 21a-150j, inclusive.

      (b) No bottler shall process or bottle water using any line or equipment through which anything other than water from an approved source is passed, except that a bottler who bottles or processes water by using any such line or equipment, as of October 1, 1986, may continue to bottle water in such manner provided such bottled water complies with the bottled water quality standards set forth in 21 CFR 165.110 and 21 USC 342 and provided, in the event such bottler renovates a bottling production process or expands operations, such bottler shall establish a dedicated line for the processing of bottled water only.

      (P.A. 86-241, S. 7; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 11-242, S. 67.)

      History: P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 11-242 amended Subsec. (a) by making a technical change and amended Subsec. (b) by substituting "water from an approved source" for "water approved by the state", by substituting "the bottled water quality standards set forth in 21 CFR 165.110 and 21 USC 342" for "regulations adopted by the Department of Public Health pursuant to section 19a-36 concerning public drinking water" and by making technical changes.

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      Sec. 21a-150h. Water classifications. Labeling. (a) Mineral water may be labeled "mineral water" or "natural mineral water".

      (b) Spring water may be labeled "spring water" or "natural spring water".

      (c) Well water may be labeled "well water" or "natural well water".

      (d) Artesian well water may be labeled "artesian well water", "natural artesian well water", "well water" or "natural well water".

      (e) Drinking water may be labeled "drinking water".

      (f) Purified water shall be labeled "purified water" and the method used to purify such water shall be stated on the label, provided purified water produced by distillation may be labeled "distilled water".

      (g) Bottled water which contains carbon dioxide when such water emerges from its source and which is bottled with such carbon dioxide, or from which such carbon dioxide is mechanically separated and later reintroduced in an amount not greater than that which occurred naturally in the water, may be labeled "naturally carbonated" or "naturally sparkling".

      (h) Bottled water which contains carbon dioxide other than that which occurs naturally in the source of the product shall be labeled "carbonated" or "sparkling".

      (i) Each label attached to any container or package of fluoridated water shall specify whether the fluoride in such water occurs naturally or is added to such water.

      (j) Purified water which is vaporized and condensed may be labeled "distilled water".

      (k) Any bottler, seller or distributor of bottled water whose corporate name, brand name or trademark contains the words "spring", "well", "artesian well", "mineral" or "natural" or any derivative of any such word shall label each bottle with the source of the water in typeface which is at least equal in size to the typeface of the corporate name or trademark, if the bottled water was obtained from a source which is different from the source stated in the corporate name, brand name or trademark.

      (l) Except as provided in subsection (k) of this section, a label which identifies any bottled water which is not spring water, as defined in section 21a-150, shall not bear the words "spring", "spring fresh", "spring brand", "spring type" or any term of similar import.

      (m) The label of any bottled water which meets the requirements of more than one classification of bottled water, as specified in section 21a-150, may bear any such applicable classification to identify or describe such water.

      (P.A. 86-241, S. 9; P.A. 11-242, S. 68.)

      History: P.A. 11-242 made technical changes in Subsec. (l).

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