CHAPTER 419a

NONALCOHOLIC BEVERAGES

Table of Contents

Sec. 21a-135. (Formerly Sec. 19-269). Definition.

Sec. 21a-136. (Formerly Sec. 19-270). License.

Sec. 21a-137. (Formerly Sec. 19-271). License fee; disposition.

Sec. 21a-138. (Formerly Sec. 19-272). Suspension and revocation of license.

Sec. 21a-139. (Formerly Sec. 19-273). Appeal.

Sec. 21a-140. (Formerly Sec. 19-274). Equipment. Inspection. Analysis of source water.

Sec. 21a-141. (Formerly Sec. 19-275). Labeling of bottles and containers.

Sec. 21a-142. (Formerly Sec. 19-276). Cleansing of containers.

Sec. 21a-143. (Formerly Sec. 19-277). Impure ingredients prohibited. Special permit for dietary beverages.

Sec. 21a-144. (Formerly Sec. 19-278). Employment of persons suffering from communicable diseases.

Sec. 21a-145. (Formerly Sec. 19-279). Penalties.

Sec. 21a-146. (Formerly Sec. 19-280). Exemption; registration of plants. Labeling of unpasteurized apple juice or cider.

Sec. 21a-147. (Formerly Sec. 19-281). Regulations for inspection.

Sec. 21a-148. (Formerly Sec. 19-282). Penalties.

Sec. 21a-149. Reserved

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-150e. Collection of water. Transportation and treatment of natural water.

Sec. 21a-150f. Processing and packaging.

Sec. 21a-150g. Information to be displayed on package or container.

Sec. 21a-150h. Water classifications. Labeling.

Sec. 21a-150i. Recall of water.

Sec. 21a-150j. Regulations.


PART I

GENERAL PROVISIONS

Sec. 21a-135. (Formerly Sec. 19-269). Definition. The term “beverage”, as used in this part, includes all bottled nonalcoholic beverages, including those commonly known as “soda water”; all bottled nonalcoholic proprietary beverages by whatever names called, including malt and cereal drinks; grape juice, lime juice and other fruit juices and vegetable juices put up in containers; fruit-flavored syrups, powders or mixtures and concentrated fruit juices, when sold at retail and designed for the preparation of beverages through the addition of water, with or without sugar, and all bottled spring and mineral waters.

(1949 Rev., S. 3983.)

History: Sec. 19-269 transferred to Sec. 21a-135 in 1983.

Sec. 21a-136. (Formerly Sec. 19-270). License. The Commissioner of Consumer Protection is authorized to issue licenses for the business of bottling water and manufacturing and bottling beverages for the purpose of sale, upon application therefor by any person, firm or corporation, which application shall be in writing, signed by the applicant, and shall describe the person to be licensed and the place where such manufacturing or bottling is to be carried on, and no person, firm or corporation shall engage in such business without having secured such a license.

(1949 Rev., S. 3984; 1959, P.A. 412, S. 38, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

History: 1959 act replaced commissioner of food and drugs with commissioner of consumer protection; Sec. 19-270 transferred to Sec. 21a-136 in 1983; 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.

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.

See Sec. 21a-10(b) re staggered schedule for license renewals.

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.

Sec. 21a-139. (Formerly Sec. 19-273). Appeal. Any person aggrieved by reason of the refusal of said commissioner to grant any such license, or by the suspension or revocation of any such license, may appeal therefrom in accordance with the provisions of section 4-183.

(1949 Rev., S. 3987; 1971, P.A. 179, S. 8; 870, S. 112; P.A. 76-436, S. 380, 681; P.A. 77-603, S. 52, 125.)

History: 1971 acts required that appeals be taken between 12 and 30 days after service rather than the “next return day” or “the next return day but one” after action taken on license and replaced superior court with court of common pleas, effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 77-603 replaced previous detailed appeal provisions with statement that appeals shall be in accordance with Sec. 4-183; Sec. 19-273 transferred to Sec. 21a-139 in 1983.

Sec. 21a-140. (Formerly Sec. 19-274). Equipment. Inspection. Analysis of source water. (a) The establishment used for the preparation, manufacture and bottling of any beverage shall be adequately lighted and ventilated and all floors shall be constructed of cement, concrete or tile laid in cement, or other material impervious to water, and shall have sufficient pitch to insure drainage; walls and ceilings shall be constructed of a smooth material which is impervious to moisture and easily cleaned; doors, windows and other openings of any room in which beverages or the ingredients of such beverages are prepared shall, through the use of screens or other devices, prevent dust and insects in the filling room. All entrances and exits shall be equipped with automatic closing devices, and each room in such establishment shall have at least one approved device for the catching of flies. Sinks and toilets shall be provided for employees and no toilet shall open directly into any room used for the preparation or bottling of any beverage. Toilet doors shall be self-closing. The syrup room shall be separately enclosed, well ventilated and lighted, provided with sinks and taps for hot and cold water, thoroughly protected against vermin, flies, dirt and dust and so constructed as to be easily cleaned. Each such establishment shall adopt an adequate and efficient process for the automatic cleaning and sanitizing of all bottles in which any such beverage or water shall be placed for the purpose of sale. Cases and bottles shall be stored in such manner as not to interfere with the sanitation of the bottling room. No license shall be issued until the place where the applicant therefor proposes to conduct such business has been inspected by the commissioner or his agent and found to be in a clean and sanitary condition, and such place shall be inspected at least twice each year and at such other times as the commissioner considers necessary. The costs of standard potable water testing and analysis, included as a part of such inspections, shall be borne by the applicant.

(b) Any establishment which is not subject to the provisions of sections 21a-150 to 21a-150j, inclusive, shall take samples from each source of water used for any beverage which such establishment bottles for sale, at least annually. Qualified employees of such establishment or an approved commercial laboratory shall analyze such water for microbiological contaminants on a biweekly basis if the source is other than a public water supply, as defined in section 21a-150, and at least annually if the source is a public water supply. Such sampling and analyses shall be in addition to any sampling performed by government agencies. Records of such sampling and analyses shall be maintained on file at such establishment for not less than two years.

(1949 Rev., S. 3988; P.A. 86-241, S. 13.)

History: Sec. 19-274 transferred to Sec. 21a-140 in 1983; P.A. 86-241 made technical changes, added provisions requiring that toilet doors be self-closing and that costs of potable water testing and analysis be borne by applicant and provisions concerning analysis of source water and divided section into Subsecs.

Sec. 21a-141. (Formerly Sec. 19-275). Labeling of bottles and containers. Labels or crowns on all bottles and containers shall plainly state the nature of the contents and the kind and amount of preservative whenever present, as well as presence of artificial color and artificial flavor. No person, firm or corporation shall sell, offer for sale or give away within the state any beverage in bottles or other containers unless each of such bottles or containers comply with all labeling requirements for bottles and containers specified by the federal Food, Drug and Cosmetic Act, 21 USC 301, et seq., as amended by the federal Nutrition Labeling and Education Act, 21 USC 343, et seq., as from time to time amended. Filling or refilling with beverages, water, mineral water or any other drink or fluid, with intent to sell or vend such water, beverage or fluid, of any glass, jar, bottle or other container, which bears the label of any other person, firm or corporation or which has blown into it the name or trademark of any person, firm or corporation, without the consent of such person, firm or corporation, shall constitute misbranding in violation of the provisions of section 21a-102.

(1949 Rev., S. 3989; 1963, P.A. 181; P.A. 86-241, S. 14; P.A. 10-9, S. 2.)

History: 1963 act added alternatives for indicating place of bottling on bottle or container, for indicating place of bottling or manufacture on crown and for using name and address of distributor or general business office of the manufacturer or bottler; Sec. 19-275 transferred to Sec. 21a-141 in 1983; P.A. 86-241 reduced the amount of information required on the bottle; P.A. 10-9 deleted provision allowing only certified colors to be used and replaced provision re labeling with name, address, zip code and license number of manufacturer, bottler or packager with provision requiring compliance with federal labeling requirements, effective May 5, 2010.

Sec. 21a-142. (Formerly Sec. 19-276). Cleansing of containers. Unclean bottles shall be exposed to a three and one-half per cent alkali solution of which not less than sixty per cent is caustic (sodium hydroxide), for a period of not less than five minutes at a temperature of not less than one hundred and twenty degrees Fahrenheit or to an equivalent cleansing and sterilizing process. The bottles shall be rinsed free of all caustic in potable water. No bottle shall be used on which the rubber part of the stopper may come into contact with the beverage. No person shall use as containers for beverages the “Hutchinson plunger” bottles or reuse any cap, crown or stopper. Caps, crowns or stoppers, before use, shall be kept in a device having a self-closing cover, and such caps, crowns or stoppers shall be placed on the bottles with an automatic capping device. All containers in which syrups, fruit juices, syrup fruit juices or flavors or other extracts are stored or prepared shall be constructed of porcelain, glass, glaze-lined metal or stone crocks, provided prepared syrups or extracts may be retained in the original containers in which they were delivered. Such containers shall be covered at all times.

(1949 Rev., S. 3990.)

History: Sec. 19-276 transferred to Sec. 21a-142 in 1983.

Sec. 21a-143. (Formerly Sec. 19-277). Impure ingredients prohibited. Special permit for dietary beverages. No impure, contaminated or polluted water shall be used for the manufacture of such beverages. All wells and springs supplying water shall be covered to prevent surface contamination. No impure or adulterated material and no saccharin or coal tar, other than certified color, shall be used in the manufacture of such beverages, except that in the case of saccharin, dulcin or other artificial sweetening agent the commissioner may issue a special permit and promulgate regulations for the manufacture, labeling and sale of special dietary beverages containing such nonnutritive sweetening agents. Beverages, other than cereal beverages, cider or spring or mineral water or special dietary beverages, shall have a sugar content of not less than five per cent by weight. No false or fraudulent statements or designs shall be displayed concerning such beverages.

(1949 Rev., S. 3991; 1949, S. 2107d.)

History: Sec. 19-277 transferred to Sec. 21a-143 in 1983.

Sec. 21a-144. (Formerly Sec. 19-278). Employment of persons suffering from communicable diseases. No person suffering from any communicable disease shall be employed in or about an establishment where beverages are manufactured or bottled. No person shall be employed in such establishment during the time in which a case of communicable disease exists in the house in which he resides nor until such house has been disinfected, provided such person may be so employed if the local board of health issues a certificate that no danger of public contagion or infection would result from the employment of such person in such establishment. Persons actually employed in the syrup room or in any capacity in which they come in direct contact with the beverage during the manufacture or bottling of beverages as defined in this part shall be required to file health certificates with the Commissioner of Consumer Protection in a manner and form prescribed by said commissioner.

(1949 Rev., S. 3992; 1959, P.A. 412, S. 38, 42; P.A. 86-241, S. 15; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

History: 1959 act replaced commissioner of food and drugs with commissioner of consumer protection; Sec. 19-278 transferred to Sec. 21a-144 in 1983; P.A. 86-241 required any person employed in the syrup room or who comes into direct contact with the beverage during manufacture or bottling to file health certificate; 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.

Sec. 21a-145. (Formerly Sec. 19-279). Penalties. Any person who violates any provision of this part shall be fined not more than three hundred dollars or imprisoned not more than three months or both.

(1949 Rev., S. 3993.)

History: Sec. 19-279 transferred to Sec. 21a-145 in 1983.

PART II

APPLE JUICE AND CIDER

Sec. 21a-146. (Formerly Sec. 19-280). Exemption; registration of plants. Labeling of unpasteurized apple juice or cider. (a) Under the provisions of this part apple juice is exempted from the provisions of part I. Any plant or place where juice is extracted from apples or put in containers shall be registered with the Commissioner of Consumer Protection and shall be subject to sanitary inspection by the commissioner or his agents and to labeling regulations promulgated by the commissioner. The registration fee shall be twenty dollars per year and shall accompany each registration application. Each registration shall expire annually. The form of registration application shall be specified by the commissioner.

(b) Each container in which unpasteurized apple juice or cider is sold shall carry a label stating that such apple juice or cider is not pasteurized. Such label shall be printed in at least ten-point type.

(1949 Rev., S. 3994–3996; 1959, P.A. 412, S. 38, 42; P.A. 76-187, S. 1, 2; P.A. 94-36, S. 27, 42; P.A. 97-217, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1; June Sp. Sess. P.A. 09-3, S. 285.)

History: 1959 act replaced commissioner of food and drugs with commissioner of consumer protection; P.A. 76-187 increased registration fee from $2 to $10 per year; Sec. 19-280 transferred to Sec. 21a-146 in 1983; P.A. 94-36 eliminated the reference to the “June thirtieth” license expiration date, effective January 1, 1995; P.A. 97-217 designated existing provisions as Subsec. (a), made technical changes in Subsec. (a) and added new Subsec. (b) re labeling of unpasteurized apple juice and cider; 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; June Sp. Sess. P.A. 09-3 amended Subsec. (a) to increase registration fee from $10 to $20.

See Sec. 21a-10(b) re staggered schedule for license renewals.

Sec. 21a-147. (Formerly Sec. 19-281). Regulations for inspection. Said commissioner shall, after hearing, promulgate regulations providing for the sanitary inspection of such establishments as call their product “cider” and, in addition, shall draw up special sanitary regulations for plants desiring to call their product “apple juice” and requiring that clean, sound apples be used in the manufacture of such “apple juice”.

(1949 Rev., S. 3997.)

History: Sec. 19-281 transferred to Sec. 21a-147 in 1983.

Sec. 21a-148. (Formerly Sec. 19-282). Penalties. Any person who violates any provision of this part or the regulations promulgated by the Commissioner of Consumer Protection under the authority contained herein shall be subject to the penalties prescribed by section 21a-145.

(1949 Rev., S. 3998; 1959, P.A. 412, S. 38, 42; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

History: 1959 act replaced commissioner of food and drugs with commissioner of consumer protection; Sec. 19-282 transferred to Sec. 21a-148 in 1983; 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.

Sec. 21a-149. Reserved for future use.

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.

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”.

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”.

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.

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.

Sec. 21a-150e. Collection of water. Transportation and treatment of natural water. (a) A bottler may use external force to collect artesian well water provided such force does not alter the composition and quality of such water.

(b) A bottler may use pipes, tunnels, trucks or similar devices to collect or transport natural water and may treat such water to reduce the concentration of any substance in such water which exceeds standards set forth in any regulation adopted in accordance with the provisions of sections 21a-150 to 21a-150j, inclusive, or in any other applicable state or federal regulation.

(c) A bottler shall collect spring water at a spring or through a hole bored adjacent to the place where a spring emerges from the ground. A bottler may use external force to collect spring water, provided such force does not alter the composition or quality of such water.

(P.A. 86-241, S. 6.)

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.

Sec. 21a-150g. Information to be displayed on package or container. (a) Each principal display panel on any container or package of bottled water shall clearly and conspicuously display the following:

(1) The name or classification of the contents of such package or container, in terms of the classifications of water specified in section 21a-150;

(2) The number of milligrams of sodium per liter contained in such bottled water, except that the provisions of this subdivision shall not apply to any bottled water which contains not more than twenty milligrams of sodium per liter.

(b) Any supplemental printed information or graphics concerning recognized uses of bottled water which appear on any label shall not infer properties of the bottled water or the method of preparing such water which are not factual.

(c) A bottler, seller or distributor of water who does not comply with the provisions of sections 21a-150 to 21a-150j, inclusive, or regulations adopted pursuant to said sections shall not use any term or classification specified in section 21a-150 on any label of any container or package of such water.

(P.A. 86-241, S. 8.)

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).

Sec. 21a-150i. Recall of water. Each bottler and each person who sells or distributes bottled water shall develop and maintain a procedure for the recall of such water and a bottler, seller or distributor of such water shall recall any water which such bottler, seller or distributor knows or has reason to believe may adversely affect the safety of the public.

(P.A. 86-241, S. 10.)

Sec. 21a-150j. Regulations. The Commissioner of Consumer Protection, with the advice and assistance of the Commissioner of Public Health, may adopt regulations in accordance with the provisions of chapter 54 in order to carry out the provisions of sections 21a-150 to 21a-150i, inclusive.

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

History: P.A. 93-381 replaced commissioner of health services with 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.