CHAPTER 419a

NONALCOHOLIC BEVERAGES

Table of Contents

Sec. 21a-150b. Analysis of source water for contaminants. Testing for unregulated contaminants. Analysis by environmental laboratory.

Sec. 21a-150d. Results of analysis. Reports. Discontinuation of use of approved source due to results. Records.


PART III

BOTTLED WATER

Sec. 21a-150b. Analysis of source water for contaminants. Testing for unregulated contaminants. Analysis by environmental laboratory. (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.

(c) On or before January 1, 2022, and annually thereafter, qualified employees of a bottler shall (1) collect samples of water from each approved source that is located in the state, that has been inspected and approved by the Department of Public Health pursuant to subdivision (2) of subsection (a) of section 21a-150a and is used by such bottler, prior to any treatment, to test for perfluoroalkyl substances and other unregulated contaminants, and (2) have such samples analyzed by an environmental laboratory registered by the Department of Public Health pursuant to section 19a-29a that has the Environmental Protection Agency approved certification to conduct such analysis. As used in this subsection, “unregulated contaminant” means a contaminant for which the Commissioner of Public Health, pursuant to section 22a-471, has set a level at which such contaminant creates or can reasonably be expected to create an unacceptable risk of injury to the health or safety of persons drinking such source of water.

(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; P.A. 21-121, S. 86.)

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”; P.A. 21-121 added Subsec. (c) re annual analysis by environmental laboratory.

Sec. 21a-150d. Results of analysis. Reports. Discontinuation of use of approved source due to results. 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) A bottler shall report the results of the analysis conducted pursuant to subsection (c) of section 21a-150b to the Department of Public Health and the Department of Consumer Protection not later than nine calendar days after receipt of the results from the environmental laboratory. If such results exceed the level set by the Commissioner of Public Health pursuant to section 22a-471 for such perfluoroalkyl substances and other unregulated contaminants, the Department of Public Health may require such bottler to discontinue use of its approved source until such source no longer creates an unacceptable risk of injury to the health or safety of persons drinking the bottled water that comes from such source. The Department of Public Health shall notify the Department of Consumer Protection of any source for which the Department of Public Health has discontinued use until such source no longer creates an unacceptable risk of injury to the health or safety of the persons drinking the bottled water that comes from such source. As used in this subsection, “unregulated contaminant” means a contaminant for which the Commissioner of Public Health, pursuant to section 22a-471, has set a level at which such contaminant creates or can reasonably be expected to create an unacceptable risk of injury to the health or safety of the persons drinking such source of water.

(e) 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; P.A. 21-121, S. 87.)

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; P.A. 21-121 added new Subsec. (d) re discontinuation of use of approved source due to results of analysis and redesignated existing Subsec. (d) as Subsec. (e).