093_HB0996sam001

 










                                     LRB093 03025 DRJ 16126 a

 1                    AMENDMENT TO SENATE BILL 996

 2        AMENDMENT NO.     .  Amend Senate Bill 996  by  replacing
 3    the title with the following:

 4        "AN ACT in relation to public health."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 1.  Short title. This Act may be  cited  as  the
 8    Safe Bottled and  Vended Water Act.

 9        Section  5.  Legislative  findings.  The General Assembly
10    finds and declares all of  the following:
11             (1)  The general public perception is  that  bottled
12        water  and  vended  water  products  are safer, or are of
13        higher  quality,  than  tap  water.  However,  the  water
14        quality requirements  for  bottled  water  are,  in  many
15        cases, less stringent than those for tap water.
16             (2)  Bottled water products are not subject to water
17        quality  "right  to know" consumer reporting requirements
18        such  as   consumer   confidence   report   requirements,
19        resulting  in a lack of reliable and credible information
20        for consumers concerning the contents  of  bottled  water
 
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 1        and vended water products.
 2             (3)  It is necessary to enact legislation to improve
 3        consumer  protection  and  ensure  that  the consumers of
 4        bottled water are afforded the same water quality  "right
 5        to  know" protections and regulatory oversight of bottled
 6        water products as those established for tap water.

 7        Section 10.  Definitions.  In this Act:
 8        "Bottled water" means any  water  that  is  placed  in  a
 9    sealed  container  at  a  water-bottling plant to be used for
10    drinking, culinary, or other purposes involving a  likelihood
11    of  the water being ingested by humans.  "Bottled water" does
12    not  include  water  packaged  with  the  approval   of   the
13    Department for use in a public emergency.
14        "Bottled  water distributor" means any person, other than
15    an employee or representative of a bottled water  plant,  who
16    delivers bottled water directly to customers.
17        "Department" means the Department of Public Health.
18        "Private  water source" means a privately owned source of
19    water, other than a public water system,  that  is  used  for
20    bottled  or  vended  water  and  meets the requirements of an
21    approved source for bottled water as defined in Section 129.3
22    of Title 21 of the Code of Federal Regulations.
23        "Retail   water   facility"    means    any    commercial
24    establishment  where  vended  water  is  sold,  and placed in
25    customers' containers, or placed in containers sold or  given
26    to customers who come to the establishment to obtain water.
27        "Vended  water"  means  any  water that is dispensed by a
28    water-vending machine or retail water facility, or water from
29    a private water  source,  or  other  water  as  described  in
30    Section  135  that  is  not  placed  by  a  bottler in sealed
31    containers, and that is dispensed by a water-vending machine,
32    retail water facility, water hauler, or any other  person  or
33    facility  for drinking, culinary, or other purposes involving
 
                            -3-      LRB093 03025 DRJ 16126 a
 1    a likelihood of the water being ingested by humans.   "Vended
 2    water" does not include water from a public water system that
 3    has  not  undergone additional treatment.  Water sold without
 4    further treatment is not "vended water" and shall be  labeled
 5    in accordance with Section 135.
 6        "Water-bottling   plant"  means  any  facility  in  which
 7    bottled water is produced.
 8        "Water hauler" means any person who hauls water  in  bulk
 9    by any means of transportation if the water is to be used for
10    drinking,  culinary, or other purposes involving a likelihood
11    of the water being ingested  by  humans.   As  used  in  this
12    paragraph,  "in  bulk" means containers  having capacities of
13    250 gallons or greater.
14        "Water-vending machine"  means  any  self-service  device
15    that,  upon  insertion  of  a  coin, coins, or token, or upon
16    receipt of payment by  any  other  means,  dispenses  a  unit
17    volume  of  water to be used for drinking, culinary, or other
18    purposes involving a likelihood of the water  being  ingested
19    by humans.

20        Section  15.  Processing,  distribution,  and  storage of
21    bottled or vended water.
22        (a)  Any person  who  processes,  packages,  distributes,
23    transfers,  or  stores  bottled  water  or vended water shall
24    comply with the good  manufacturing  practices  described  in
25    Part 129 of Title 21 of the Code of Federal Regulations.
26        (b)  Prior  to bottling or vending water, the water shall
27    be subjected to filtration and effective germicidal treatment
28    by ozone,  ultraviolet,  carbon  dioxide,  or  an  equivalent
29    disinfection  process approved by the Department, except that
30    the requirements  for  filtration  and  germicidal  treatment
31    shall  not  apply  to mineral water as defined in, and from a
32    source that is subject  to,  the  council  directive  of  the
33    European  Economic  Community  pertaining  to natural mineral
 
                            -4-      LRB093 03025 DRJ 16126 a
 1    waters, dated July 15, 1980, or that is subject to any  other
 2    natural  mineral water standard in the country of origin that
 3    prohibits filtration and germicidal  treatment,  so  long  as
 4    both of the following conditions are met:
 5             (1)  The  source  and  product  are certified by the
 6        responsible  authority  in  the  country  of  origin   as
 7        complying  with  microbiological standards at least equal
 8        to the standards of this Act.
 9             (2)  The product complies with  the  microbiological
10        standards of this Act.
11        (c)  Bottled  or  vended  water  that  originates  from a
12    surface water source  that  is  not  protected  from  surface
13    contamination shall be subjected to ozonation, filtration, or
14    another  effective process that removes or destroys the cysts
15    of the parasite Giardia lamblia.  For the  purposes  of  this
16    Section,  a  spring  house, catchment basin, storage tank, or
17    bore hole adjacent to a natural spring water source is not  a
18    surface water source.
19        (d)  Ollas   or   other  water-holding  dispensers,  both
20    refrigerated and nonrefrigerated, water-vending machines, and
21    water  dispensers  in  retail  water  facilities,  shall   be
22    examined  for  cleanliness each time they are serviced by the
23    distributor, bottler, retail water facility, or water-vending
24    machine operator.  When necessary, these dispensers shall  be
25    sanitized  according  to the methods described in Part 129 of
26    Title 21 of the Code of Federal Regulations.
27        (e)  Sanitary  operations,  equipment   procedures,   and
28    process  controls  used in the treatment, storage, transport,
29    or dispensing of water  at  a  retail  water  facility  shall
30    comply with the good manufacturing practices described in the
31    following  provisions  of Part 129 of Title 21 of the Code of
32    Federal Regulations:  subdivisions (a) through (c) of Section
33    129.37; Section 129.40; and subdivisions (a), (c),  (d),  and
34    (h) of Section 129.80.
 
                            -5-      LRB093 03025 DRJ 16126 a
 1        (f)  Sanitary   operations,  equipment,  procedures,  and
 2    process controls used in the  treatment,  storage,  transfer,
 3    transport,  or  dispensing  of  water  by water haulers shall
 4    comply with the good manufacturing practices described in the
 5    following provisions of Part 129 of Title 21 of the  Code  of
 6    Federal  Regulations:   subdivisions  (a)  and (b) of Section
 7    129.37; Section 129.40; and subdivisions (a), (c),  (d),  and
 8    (h) of Section 129.89.
 9        (g)  The  design  and  construction of wells, bore holes,
10    catchment basins, spring  houses,  storage  tanks,  or  other
11    water-contact  equipment  used by private water sources shall
12    comply with the requirements of  law.   Sanitary  operations,
13    equipment  procedures,  and  transfer  controls  used  in the
14    treatment, storage,  transfer,  or  dispensing  of  water  by
15    private  water  source  operators  shall comply with the good
16    manufacturing practices described in the following provisions
17    of Part 129 of Title 21 of the Code of  Federal  Regulations:
18    subdivision  (a)  of  Section  129.37;  Section  129.40;  and
19    subdivisions (a), (c), (d), (g), and (h) of Section 129.80.
20        (h)  Bottled  water  may  be processed through lines used
21    also for other food products under the following conditions:
22             (1)  Process  lines,  including  storage  tanks  and
23        associated equipment, shall be used exclusively  for  the
24        production   of   bottled   water,   except  for  filling
25        equipment, which may be used also for filling other  food
26        products.
27             (2)  Before  being  used  for the bottling of water,
28        filling equipment that is designed to be cleaned in-place
29        and that is used for filling other food products shall be
30        thoroughly cleansed and sanitized in-place in  accordance
31        with  the manufacturer's specifications and in compliance
32        with Section 129.80 of Title 21 of the  Code  of  Federal
33        Regulations and the supplementary procedures contained in
34        paragraphs (3) through (7).
 
                            -6-      LRB093 03025 DRJ 16126 a
 1             (3)  Immediately  following  completion  of  filling
 2        operations  for  any other food product other than water,
 3        the filler shall  be  thoroughly  rinsed  internally  and
 4        externally with potable water.
 5             (4)  In  accordance  with  the filler manufacturer's
 6        instructions, any parts  that  are  not  designed  to  be
 7        cleaned  in-place shall be disassembled and removed.  All
 8        of these parts shall be cleansed and sanitized  prior  to
 9        reassembly  using  appropriate  cleansing  and sanitizing
10        procedures, as specified in subdivisions (c) and  (d)  of
11        Section  129.80  of  Title  21  of  the  Code  of Federal
12        Regulations.
13             (5)  All surfaces of the filler that do not  contact
14        food  products  shall be cleaned manually so as to render
15        all surfaces clean and free of any residues.
16             (6)  The  filler   shall   be   prepared   and   all
17        appropriate  connections  made  in  accordance  with  the
18        filler manufacturer's instructions to place the filler in
19        the  clean-in-place mode.  The following procedures shall
20        be followed:
21                  (A)  An   alkaline   cleaning    solution    of
22             appropriate  strength  shall be recirculated through
23             the filler to  provide  effective  cleaning  of  all
24             product    contact    surfaces,   with   a   minimum
25             recirculation time of 20 minutes  at  a  temperature
26             between 140 and 170 degrees Fahrenheit.
27                  (B)  The cleaning solution shall be drained and
28             followed with a potable water rinse-to-drain for the
29             removal  of  all  residual cleaner alkalinity.  This
30             step may be supplemented by the  application  of  an
31             acidified  rinse prior to the potable water rinse in
32             order  to  neutralize  any  residual  alkalinity  on
33             product contact surfaces.
34             (7)  Following reassembly of all parts to place  the
 
                            -7-      LRB093 03025 DRJ 16126 a
 1        filler  into  the product mode and just prior to bottling
 2        water,  the  filler  shall  be  sanitized   in-place   in
 3        accordance  with  procedures specified in subdivision (d)
 4        of Section 129.80 of Title 21  of  the  Code  of  Federal
 5        Regulations.
 6             (8)  Any  alternate cleaning, rinsing, or sanitizing
 7        operations or processes not  described  in  this  Section
 8        shall be approved in writing by the Department.
 9        (i)  Bottled  water  and bulk waters sold at retail shall
10    not contact equipment, lines, tanks,  or  vehicles  used  for
11    processing,  packaging,  holding,  or  hauling of any nonfood
12    product.

13        Section 20.  Quality and labeling standards. The  quality
14    and  labeling  standards   requirements for bottled water and
15    vended water, including  mineral  water,  shall  include  all
16    standards  prescribed  by  Section 165.110 of Title 21 of the
17    Code of Federal Regulations. In addition, bottled  water  and
18    vended  water,  when bottled, shall comply with the following
19    quality  standards  and  any  additional  quality   standards
20    adopted  by  regulation  that  the  Department determines are
21    reasonably necessary to protect the public health:
22             (1)  Bottled water and vended water shall  meet  all
23        maximum  contaminant levels set for public drinking water
24        that the State determines are necessary or appropriate so
25        that bottled water  may  present  no  adverse  effect  on
26        public  health.   New  or  revised  allowable  levels  or
27        monitoring  provisions  adopted  for bottled water by the
28        United States Food  and  Drug  Administration  under  the
29        federal  Food,  Drug  and  Cosmetic  Act  that  are  more
30        stringent  than  the State requirements for bottled water
31        are incorporated into this Act and are effective  on  the
32        date   established   by  the  federal  provisions  unless
33        otherwise established by regulations of the Department.
 
                            -8-      LRB093 03025 DRJ 16126 a
 1             (2)  Bottled and vended water shall  not  exceed  10
 2        parts per billion of total trihalomethanes or 5 parts per
 3        billion of lead unless the Department establishes a lower
 4        level by regulation.
 5             (3)  Bottled  and  vended  water  shall  contain  no
 6        chemicals  in  concentrations that the United States Food
 7        and Drug Administration or the Department has  determined
 8        may have an adverse effect on public health.

 9        Section  25.  Licensee's  failure  to comply with maximum
10    contaminant levels; notices.
11        (a)  When a licensee has not complied  with  any  maximum
12    contaminant level set for public drinking water standards, as
13    provided in paragraph (1) of Section 20, or when a monitoring
14    requirement specified by the Department is not performed by a
15    licensee,  the licensee shall notify the Department and shall
16    give  notice  to  consumers  of  that  fact  in  the   manner
17    prescribed by the Department.
18        (b)  When  a  licensee determines that a significant rise
19    in the bacterial count of water has occurred in  its  bottled
20    or  vended  water,  the  licensee  shall  provide, at its own
21    expense, a report on the  rise  in  bacterial  count  of  the
22    water, together with the results of an analysis of the water,
23    within  24 hours to the Department and, where appropriate, to
24    the local health officer.
25        (c)  When  the  Department   receives   the   information
26    described   in   subsection   (b)   and  determines  that  it
27    constitutes an immediate danger  to  health,  the  Department
28    shall  immediately  notify  the  licensee  to  implement  the
29    emergency notification plan required by this Act.
30        (d)  In  the case of a failure to comply with any maximum
31    contaminant  level  set  for  public  drinking   water   that
32    represents an imminent danger to the health of consumers, the
33    licensee  shall  notify consumers as provided in the approved
 
                            -9-      LRB093 03025 DRJ 16126 a
 1    emergency notification plan.
 2        (e)  In addition, the same notification shall be required
 3    in any instance in which the Department or the  local  health
 4    officer  recommends  to  the  licensee  that  it  notify  its
 5    customers  to  avoid  internal  consumption of the bottled or
 6    vended water and to use an  alternative  source  of  drinking
 7    water due to a chemical contamination problem that may pose a
 8    health risk.
 9        (f)  The  content of the notices required by this Section
10    shall  be  approved  by  the  Department.   Notice  shall  be
11    repeated at intervals, as required by the  Department,  until
12    the  Department  concludes  that there is compliance with its
13    standards or requirements.   Notices  may  be  given  by  the
14    Department.
15        (g)  In  any  case  in  which  consumer  notification  is
16    required  by this Section because a contaminant is present in
17    bottled or vended water at a level in  excess  of  a  maximum
18    contaminant   level   set  for  public  drinking  water,  the
19    notification shall include identification of the contaminant,
20    information on possible effects of the contaminant  on  human
21    health,  and  information on specific measures that should be
22    taken by persons or populations who  might  be  more  acutely
23    affected than the general population.

24        Section 30.  Emergency notification plan.
25        (a)  No  person  may  operate  a  facility licensed under
26    Section 65 without an emergency notification  plan  that  has
27    been  submitted  to,  and  approved  by, the Department.  The
28    emergency  notification  plan  shall  provide  for  immediate
29    notice to the licensee's consumers of any   significant  rise
30    in  the  bacterial  count of water or other failure to comply
31    with any maximum contaminant level set  for  public  drinking
32    water  that  represents  an  imminent danger to the health of
33    consumers.
 
                            -10-     LRB093 03025 DRJ 16126 a
 1        (b)  No license may be issued or amended under  this  Act
 2    until an emergency notification plan has been approved by the
 3    Department.
 4        (c)  The  Department shall adopt regulations to implement
 5    this Section. The regulations may provide for  the  exclusion
 6    of  licensees  from the requirements of this Section when, in
 7    the judgment of the Department, the exclusion will best serve
 8    the public interest.

 9        Section 35.  Polycarbonate resins.  Polycarbonate  resins
10    manufactured  after   January 1, 2004 and intended for use in
11    fabricating containers for water products defined in this Act
12    shall not contain in excess of 3 parts per  million  residual
13    methylene  chloride  or  in  excess  of 200 parts per million
14    residual monochlorobenzene unless the Department  establishes
15    a  lower  level by regulation.  For the purpose of monitoring
16    compliance with this Section, the concentration of  methylene
17    chloride  and monochlorobenzene shall not exceed one part per
18    billion  in   water.    For   purposes   of   this   Section,
19    "polycarbonate  resins"  means  the    substances  defined by
20    Section  177.1580  of  Title  21  of  the  Code  of   Federal
21    Regulations, except as modified by this Section.

22        Section   40.  Water-vending   machines.   Any  owner  or
23    operator of a water-vending  machine  or  other  device  from
24    which  any  operator or customer dispenses vended water shall
25    comply with the following standards of design,  construction,
26    and  sanitation  and  any  additional  standards  adopted  by
27    regulation  that  the  Department  determines  are reasonably
28    necessary to protect the public  health.   The  water-vending
29    machines or devices shall do all of the following:
30             (1)  Comply  with  the  construction and performance
31        standards  established  by  the  Department  or   by   an
32        independent authority approved by the Department.
 
                            -11-     LRB093 03025 DRJ 16126 a
 1             (2)  Be  designed  and  constructed  to  permit easy
 2        cleaning and maintenance of  all  exterior  and  interior
 3        surfaces.
 4             (3)  Have  all  parts  and  surfaces  that come into
 5        contact  with  the   water   constructed   of   approved,
 6        corrosive-resistant, and nonabsorbent material capable of
 7        withstanding repeated cleaning and sanitizing treatment.
 8             (4)  Have  a recessed or guarded corrosion-resistant
 9        dispensing spout.
10             (5)  Be designed so that all treatment of the vended
11        water  by   distillation,   ion   exchange,   filtration,
12        ultraviolet  light, reverse osmosis, mineral addition, or
13        any other acceptable process  is  done  in  an  effective
14        manner.
15             (6)  Have  an  effective  system  of  handling drip,
16        spillage, and overflow of water.
17             (7)  Have a backflow prevention device  approved  by
18        the Department for all connections with the water supply.
19             (8)  Dispense water disinfected by ultraviolet light
20        or  other  method  approved  by  the  Department prior to
21        delivery into the customer's container.
22             (9)  Be equipped with monitoring devices designed to
23        shut down operation of the machine when the  disinfection
24        unit fails to function.  Alternatively, machines shall be
25        monitored   daily  at  startup  and  manually  shut  down
26        whenever the unit fails to function.
27             (10)  Be  equipped  with  either   a   self-closing,
28        tight-fitting  door  on  the  vending  compartment  or an
29        enclosed vending spout in order to  protect  the  vending
30        spout  when  the water-vending machine is not in use.  As
31        an   alternative,   water-vending   machines   or   other
32        water-dispensing devices may be enclosed in a  room  with
33        tight-fitting  walls, ceilings, and one of the following:
34        a self-closing door, an effective air screen  device,  or
 
                            -12-     LRB093 03025 DRJ 16126 a
 1        an   alternative   effective   device   approved  by  the
 2        Department.
 3             (11)  Comply   with   the   American   Water   Works
 4        Association (AWWA) specifications for granular  activated
 5        carbon  if  used  in the treatment of potable water (AWWA
 6        B604-74).
 7             (12)  Be  maintained  in  a   clean   and   sanitary
 8        condition, free from dirt and vermin.
 9             (13)  Use  a  State-approved  and  regulated  public
10        water supply or private water source.
11             (14)  Be  located  in an area that can be maintained
12        in a clean condition and in a manner that  avoids  insect
13        and rodent harborage.
14             (15)  Be  equipped  with monitoring devices designed
15        to shut down the labeled purified water  delivery  system
16        if treatment of water by the machine does not result in a
17        total dissolved solids content of less than 10 milligrams
18        per liter in the purified water.  Alternatively, machines
19        shall  be  monitored  daily  at startup and manually shut
20        down whenever the total dissolved solids content  exceeds
21        10 milligrams per liter in the purified water.

22        Section  45.  Compliance  with  minimum health standards.
23    It  is  unlawful  to  operate  a      water-bottling   plant,
24    water-vending  machine,  retail  water  facility,  or private
25    water source in violation of  the  minimum  health  standards
26    prescribed by this Act.

27        Section   50.  Compliance   with  minimum  standards  for
28    water-vending machines.
29        (a)  It is unlawful for any person  to  operate  a  water
30    vending  machine  in  this  State  that  does not satisfy the
31    minimum standards prescribed by  this  Act  for  the  design,
32    construction, and sanitation of water-vending machines.
 
                            -13-     LRB093 03025 DRJ 16126 a
 1        (b)  No  water-vending  machine may be used in this State
 2    that does not at least satisfy the minimum standards  adopted
 3    by the Department.

 4        Section 55.  Local enforcement.  The Department, upon the
 5    request  of  a  local health officer, may authorize the local
 6    health officer to implement and enforce those  provisions  of
 7    this  Act that relate to water-vending machines, retail water
 8    facilities, and water haulers under the terms and  conditions
 9    specified by the Department.

10        Section  60.  Cleanliness  and  sanitation required.  The
11    Department shall require  that  each  water-vending  machine,
12    retail  water  treatment  plant,  water  hauler  vehicle  and
13    facility,  and  private water source be maintained in a clean
14    and sanitary condition at all times.

15        Section 65.  Licenses required.
16        (a)  No person may operate a water-bottling  plant  or  a
17    private  water  source,  or be a bottled water distributor in
18    this State, except  pursuant  to  a  license  issued  by  the
19    Department.   If  a  person  has a valid water-bottling plant
20    license issued by the Department, additional license fees for
21    a private water source  operator,  a  retail  water  facility
22    operator,  a  water  hauler,  or  a bottled water distributor
23    based  and  operating  at  the  same  address  shall  not  be
24    required.
25        (b)  No person may own or operate a water-vending machine
26    or a retail water facility  or  be  a  water  hauler,  except
27    pursuant  to  a  license issued by the Department or a permit
28    issued by a local health department.
29        (c)  It is unlawful for any person  to  bottle,  collect,
30    treat, hold, distribute, haul, vend, or sell bottled water or
31    vended  water,  operate a retail water facility, or operate a
 
                            -14-     LRB093 03025 DRJ 16126 a
 1    private water source without a license as  required  by  this
 2    Act.  Any bottled water or vended water dispensed by a retail
 3    water facility or a private water source that is not licensed
 4    in  compliance  with  this  Act  is  misbranded  and  may  be
 5    embargoed pursuant to subsection (e).
 6        (d)  It  is unlawful for a water bottler, distributor, or
 7    vendor, retail water  facility  operator,  or  private  water
 8    source operator to sell or otherwise distribute water that is
 9    unsafe  for  use  or  that  is  adulterated or  misbranded as
10    provided in the Illinois Food, Drug and Cosmetic Act.
11        (e)  For the purposes of enforcing  this  Section,  water
12    may  be  embargoed  in its immediate container, well, spring,
13    spring vault, holding tank,  water  hauling  vehicle,  retail
14    water   treatment   system,  spigot,  or  pipe  if  there  is
15    reasonable cause to believe that it is adulterated.
16        (f)  Any retail water facility, water  vendor,  or  water
17    hauler  that  violates  this Act may be subjected to the same
18    penalty and enforcement procedure provided for  violation  of
19    this Act by a water-bottling plant.

20        Section 67.  Inspections and related activities.
21        (a)  In  order to carry out the purposes of this Act, any
22    duly authorized representative of the Department may, at  any
23    reasonable hour of the day, do any of the following:
24             (1)  Enter  and inspect any licensed facility or any
25        place where bottled water or  vended  water  records  are
26        stored, kept, or maintained.
27             (2)  Inspect  and  copy  any  records, reports, test
28        results, or other information required to implement  this
29        Act.
30             (3)  Set  up  and  maintain monitoring equipment for
31        purposes of assessing compliance with this Act.
32             (4)  Obtain samples of the water supply.
33             (5)  Photograph any portion of the  facilities,  any
 
                            -15-     LRB093 03025 DRJ 16126 a
 1        activity, or any sample taken.
 2        (b)  Any duly authorized representative of the Department
 3    may, at any time, do any of the following:
 4             (1)  Inspect any water-vending machine.
 5             (2)  Set  up  and  maintain monitoring equipment for
 6        purposes of assessing compliance with this Act.
 7             (3)  Obtain samples of vended water.
 8             (4)  Photograph any  portion  of  the  water-vending
 9        machine, any activity, or any samples taken.
10        (c)  The  Department  shall  inspect every water-bottling
11    plant, water-vending  machine,  retail  water  facility,  and
12    private  water  source, as well as every facility and vehicle
13    involved in bottled water distribution or water  hauling,  at
14    least  once  each  year.   The  Department  shall  provide an
15    opportunity for a representative of the water-bottling plant,
16    water-vending machine owner or operator, water hauler, retail
17    water facility operator, private water  source  operator,  or
18    bottled  water  distributor  to  accompany  the  Department's
19    representative  during the inspection.
20        (d)  Any   person   who  prevents,  interferes  with,  or
21    attempts  to  impede  in  any   way   any   duly   authorized
22    representative   of   the  Department  from  undertaking  any
23    activity authorized by this Section is guilty of  a  Class  A
24    misdemeanor.

25        Section  70.  Bottled  water  from  outside Illinois.  No
26    bottled water produced in an  out-of-State bottling plant may
27    be sold or distributed within this State  unless  either  the
28    out-of-State  bottler or the distributor has first obtained a
29    bottler's or distributor's license under this Act.

30        Section 75.  License fee.  The fee for any license issued
31    under this Act is $1,000.  The   fee  must  be  paid  to  the
32    Department before a license may be issued.
 
                            -16-     LRB093 03025 DRJ 16126 a
 1        Section  80.  Civil  action;  litigation  costs.   In any
 2    civil action brought to  enforce  this  Act,  the  prevailing
 3    party   or   parties   shall  be  awarded  litigation  costs,
 4    including, but not limited  to,  salaries,  benefits,  travel
 5    expenses,  operating  equipment,  overhead,  other litigation
 6    costs, and attorney's  fees,  as  determined  by  the  court.
 7    Litigation costs awarded to the Department by the court shall
 8    be deposited into the Safe Bottled and Vended Water Fund.

 9        Section 85.  Safe Bottled and Vended Water Fund. The Safe
10    Bottled  and  Vended  Water  Fund is established as a special
11    fund in the State  treasury.   All  moneys  received  by  the
12    Department  under  this Act shall be deposited into the fund.
13    Moneys in the fund  shall be used  by  the  Department,  upon
14    appropriation, for the purpose of administering this Act.

15        Section   90.  Denial,   revocation,   or  suspension  of
16    license.
17        (a)  The Department may deny  any license application  or
18    revoke  or  suspend  any  license  issued  under this Act for
19    cause.  The Department shall inform the applicant or  license
20    holder  of  the denial, revocation, or suspension in writing,
21    stating  with  particularity  the  reasons  for  the  denial,
22    revocation, or suspension.
23        (b)  For  purposes  of  this  Section,  "cause"  means  a
24    violation of any provision of  this  Act  or  any  regulation
25    adopted pursuant to this Act.

26        Section  95.  Fee  for  evaluation.  The Department shall
27    charge and collect  a  fee  for  each  Department  evaluation
28    required  to  issue a new license for a water-vending machine
29    model or a retail water facility to determine compliance with
30    the standards established by this Act.  The fee shall be $100
31    and  must  be  paid  before  the  Department   conducts   the
 
                            -17-     LRB093 03025 DRJ 16126 a
 1    evaluation.

 2        Section 100.  Testing required.
 3        (a)  The   Department   shall   require   each   bottler,
 4    distributor,  or  vendor  of  bottled  water,  each  owner or
 5    operator of any water-vending machine, and each water hauler,
 6    retail  water  facility  operator,   private   water   source
 7    operator,  and  applicant  for  a  license  to  test  for all
 8    substances necessary to establish  conformance  to  standards
 9    adopted  pursuant  to Section 20 at the times and frequencies
10    the Department may reasonably establish.
11        (b)  Each product dispensed by a water-vending machine or
12    a retail water facility must  be  sampled  and  analyzed  for
13    coliform bacteria at least once every 6 months.  The analysis
14    shall  be  submitted  to  the  Department  and shall indicate
15    whether the water is pure and wholesome.
16        (c)  Purified waters from retail water facilities must be
17    analyzed by the operator for dissolved solids by conductivity
18    measurement not less frequently than once every 7 days.
19        (d)  Purified  water  from  vending  machines   must   be
20    analyzed   by  the  operator  for  the  dissolved  solids  by
21    conductivity measurement each time  the  vending  machine  is
22    serviced.

23        Section 105.  Monitoring of water sources.
24        (a)  All  sources  of  bottled  water,  vended water, and
25    water dispensed by a retail water facility must be  monitored
26    annually  for  the  presence of volatile organic compounds of
27    potential public health concern, as specified by  the  United
28    States  Environmental  Protection  Agency  in Tables 2 and 14
29    contained in Volume 50  of  the  Federal  Register  on  pages
30    46904,   46923,  and  46924  on  November  13,  1985,  or  as
31    reasonably specified by the  Department  as  a  condition  of
32    licensure.
 
                            -18-     LRB093 03025 DRJ 16126 a
 1        (b)  In  lieu of source water monitoring required by this
 2    Section, a water  bottler,  water  vendor,  or  retail  water
 3    facility  may document that the source monitoring required by
 4    this Section is conducted by another entity approved  by  the
 5    Department,  or may comply with the treatment requirements of
 6    subsection (c).
 7        (c)  Detection in the source water of a volatile  organic
 8    compound, except trihalomethanes, for which source monitoring
 9    is  required  pursuant  to  this  Section  shall  be followed
10    immediately by a program of periodic monitoring by the  water
11    bottler,  water  vendor,  or retail water facility to confirm
12    the presence or absence in the source water of  the  volatile
13    organic  compound.   If  the  volatile  organic  compound  is
14    confirmed  to  be  present  in  the source water, it shall be
15    treated using  granular  activated  carbon  treatment  or  an
16    equivalent   treatment   operated  in  accordance  with  good
17    manufacturing practices as  provided  in  Section  129.80  of
18    Title  21  of  the Code of Federal Regulations until the time
19    that the concentration of the volatile organic compound  does
20    not  exceed either one part per billion, or any United States
21    Environmental Protection Agency or  United  States  Food  and
22    Drug  Administration  level  for drinking water, or a maximum
23    contaminant level established by the Department  for  bottled
24    water.
25        (d)  The  Department  may exempt any water bottler, water
26    vendor,  or  retail  water  facility  from   the   monitoring
27    requirements  of  this  Section  for  any  source  based on a
28    showing satisfactory to the Department that  the  source  (i)
29    does  not  contain  the  volatile  organic compound for which
30    monitoring  is  required  and  (ii)  is  not  vulnerable   to
31    contamination  by  the volatile organic compound because, for
32    surface  water  sources,  the  compounds  are  not   applied,
33    manufactured, stored, disposed, or shipped upstream, and, for
34    groundwater   sources,   the   compounds   are  not  applied,
 
                            -19-     LRB093 03025 DRJ 16126 a
 1    manufactured, stored, disposed, or shipped in the groundwater
 2    recharge basin.

 3        Section  110.  Licensee's  annual   consumer   confidence
 4    report.
 5        (a)  As  a  condition  of  licensure under this Act, each
 6    licensee must annually prepare  a consumer confidence  report
 7    and  make  that report available to each customer as required
 8    under this Act, and to the Department, which shall  make  the
 9    information  available  on  its  Web  site.   The report must
10    include all of the following information:
11             (1)  The source of the bottled or vended water.
12             (2)  A brief and plainly worded  definition  of  the
13        term "maximum contaminant level".
14             (3)  If any regulated contaminant is detected in the
15        bottled  or vended water during the past year, the report
16        must include all of the following information:
17                  (A)  The level of the contaminant found in  the
18             bottled  or  vended  water,  and  the  corresponding
19             public   health  goal  and  primary  drinking  water
20             standard for that contaminant.
21                  (B)  Any violations  of  the  primary  drinking
22             water standard that have occurred as a result of the
23             presence of the contaminant in the bottled or vended
24             water  and  a  brief and plainly worded statement of
25             health concerns that resulted in the  regulation  of
26             the contaminant.
27                  (C)  Brief  and  plainly  worded  statements of
28             health effects that resulted in the regulation of  a
29             contaminant  for  any contaminant for which a public
30             water system is required by State or federal law  to
31             include a statement of health effects upon detection
32             of that particular contaminant.
33                  (D)  The   licensee's   address  and  telephone
 
                            -20-     LRB093 03025 DRJ 16126 a
 1             number to enable  the  customer  to  obtain  further
 2             information  concerning  contaminants  and potential
 3             health effects.
 4             (4)  Information  on  the  levels   of   unregulated
 5        contaminants,  if  any,  for which monitoring is required
 6        pursuant to State or federal law or regulation.
 7        (b)  The  consumer   confidence   report   must   include
 8    information  in  Spanish  expressing  the  importance  of the
 9    report or offering additional information.
10        (c)  Bottlers,  bottled  water  distributors,  and  water
11    haulers that distribute directly to consumers  must  annually
12    mail  or  deliver a copy of the consumer confidence report to
13    each customer.

14        Section 115.  Licensee's toll-free telephone hotline.
15        (a)  Each licensee must establish a  toll-free  telephone
16    hotline  for  consumers  to  request  additional  information
17    regarding  water  quality.   The  toll-free telephone hotline
18    must have multilingual capabilities and must allow  consumers
19    to  request complete information regarding the quality of the
20    licensee's bottled  or  vended  water  product  or  products,
21    including, but not limited to, all of the following:
22             (1)  Consumer  confidence  reports prepared pursuant
23        to Section 110.
24             (2)  Publicly available  water  quality  information
25        for brands of bottled water.
26             (3)  Information   from   local  health  departments
27        regarding the quality of vended water, if applicable.
28        (b)  If a licensee has  a  Web  site  presence,  it  must
29    provide  active  linkages  on its Web site to the information
30    available on the toll-free telephone hotline.

31        Section    120.  Additional     testing     requirements.
32    Notwithstanding  any  other  provision  of    this  Act,  the
 
                            -21-     LRB093 03025 DRJ 16126 a
 1    Department may require any bottler, distributor, or vendor of
 2    bottled  water,  any  owner  or  operator  of a water-vending
 3    machine,  any  water  hauler,  any  retail   water   facility
 4    operator, any private water source operator, or any applicant
 5    for  a  license  to  (i)  test  for  any substance, including
 6    organic chemical contaminants, at  any  time  the  Department
 7    believes  that  the  substance  may  be  present in the water
 8    source and threaten the public health, and  (ii)  submit  the
 9    test results to the Department.

10        Section 125.  Potential contamination.
11        (a)  Upon  a  determination  by  the  Department  that  a
12    particular    water    source   is   subject   to   potential
13    contamination, the Department shall  notify  the  appropriate
14    bottler,  distributor,  or  vendor of bottled water, owner or
15    operator of a water-vending  machine,  water  hauler,  retail
16    water  facility operator, or private water source operator of
17    the specific contaminants or class of contaminants that  pose
18    a potential health risk.
19        (b)  Within 90 days after notification by the Department,
20    the  bottler,  distributor, or vendor of bottled water, owner
21    or operator of a water-vending machine, water hauler,  retail
22    water  facility  operator,  or  private water source operator
23    must conduct an analysis of the water source and  submit  the
24    results of the analysis to the Department.
25        (c)  If   evidence   of   contamination   is  found,  the
26    Department may, by order, require the  bottler,  distributor,
27    or   vendor   of  bottled  water,  owner  or  operator  of  a
28    water-vending machine, water hauler,  retail  water  facility
29    operator,  or  private  water  source  operator  to conduct a
30    source-and-product water analysis  for  the  contaminants  of
31    concern  in  accordance  with  conditions  specified  by  the
32    Department.    The  water  analysis  must  be  conducted  and
33    reported on an annual basis, unless the Department finds that
 
                            -22-     LRB093 03025 DRJ 16126 a
 1    reasonable action  requires  either  more  frequent  or  less
 2    frequent analysis.

 3        Section   130.  Testing  laboratories.   All  testing  of
 4    bottled water, bottled water sources,  water  distributed  by
 5    water  haulers, water from retail water facilities, and water
 6    from vending machines must be done by  laboratories  approved
 7    by  the  Department,  laboratories  certified  by  the United
 8    States   Environmental   Protection   Agency,    laboratories
 9    certified by the primary enforcement authority in states that
10    have  been granted primacy by the United States Environmental
11    Protection Agency, or laboratories certified or accredited by
12    a third-party organization acceptable to a primacy state.

13        Section 135.  Labeling  and  advertising  of  bottled  or
14    vended water.
15        (a)  Labeling and advertising of bottled water and vended
16    water must conform with this Act and with applicable portions
17    of Part 101 of Title 21 of the Code of Federal Regulations.
18        (b)  Every container of bottled water sold in this State,
19    every  water-vending machine, and every container provided by
20    retail water facilities located in this State must be clearly
21    labeled in an easily readable format. Retail water facilities
22    that do not  provide  labeled  containers  must  post,  in  a
23    location  readily  visible  to  consumers,  a  sign conveying
24    required label information.
25        (c)  Retail water facilities and  private  water  sources
26    that   sell  water  at  retail  must  display  the  following
27    information in a position clearly visible to customers:
28             (1)  The name and address of the operator.
29             (2)  The source of the water.
30             (3)  The fact that the water  is  obtained  from  an
31        approved  public  water  supply or licensed private water
32        source.
 
                            -23-     LRB093 03025 DRJ 16126 a
 1             (4)  A statement describing  the  treatment  process
 2        used.
 3             (5)  If   no   treatment   process  is  utilized,  a
 4        statement to that effect.
 5             (6)  A telephone number that customers may call  for
 6        further information, service, or complaints.
 7             (7)  The  means  by  which  a  customer may order or
 8        download consumer information relating to water  quality,
 9        including  the  consumer confidence report prepared under
10        Section 110.

11        Section  140.  Information  displayed  on   water-vending
12    machines.   Water-vending machines must display the following
13    information in a position clearly visible to customers:
14             (1)  The name and address of the operator.
15             (2)  The source of the water.
16             (3)  The fact that the water  is  obtained  from  an
17        approved  public  water  supply or licensed private water
18        source.
19             (4)  A statement describing  the  treatment  process
20        used.
21             (5)  If   no   treatment   process  is  utilized,  a
22        statement to that effect.
23             (6)  A telephone number that customers may call  for
24        further information, service, or complaints.
25             (7)  The  means  by  which  a  customer may order or
26        download consumer information relating to water  quality,
27        including  the  consumer confidence report prepared under
28        Section 110. The information required by this   paragraph
29        (7) must also be displayed in Spanish.
30             (8)  The date on which the water-vending machine was
31        last cleaned and serviced by the owner or operator.

32        Section 145.  Labeling on bottled water.
 
                            -24-     LRB093 03025 DRJ 16126 a
 1        (a)  The  labeling  on  bottled  water  sold at retail or
 2    wholesale in this State in a plastic beverage container  must
 3    include one of the following:
 4             (1)  A  telephone  number  of  the  bottler or brand
 5        owner.
 6             (2)  The bottler's or brand owner's mailing address.
 7        (b)  Bottlers or brand  owners  may  also  include  other
 8    forms   of  contact,  including,  but  not  limited  to,  the
 9    bottler's or brand owner's E-mail address or Web site.
10        (c)  Notwithstanding  subsections  (a)   and   (b),   the
11    labeling on bottled water sold at retail or wholesale in this
12    State  in  a plastic beverage container must also include the
13    following:
14             (1)  The source of the bottled water.
15             (2)  The means by which  a  customer  may  order  or
16        download  consumer information relating to water quality,
17        including the consumer confidence report  prepared  under
18        Section 110.

19        Section   150.  Labeling   of   specific  water  type  or
20    treatment.
21        (a)  In addition to the other requirements of  this  Act,
22    if   a  bottler,  distributor,  water  hauler,  retail  water
23    facility  operator,  or  vending  machine  operator  provides
24    information  in  the  labeling  or  advertising  stating   or
25    implying that water is of a specific water type (for example,
26    "spring water") or treated in a specific manner (for example,
27    "purified"), the type or treatment must be clearly labeled in
28    an  easily  readable  format.  In order to be so labeled, the
29    source  or  treatment  must  conform  with  the   definitions
30    established  in  Section  165.110  of Title 21 of the Code of
31    Federal Regulations or, if not defined in that Section,  with
32    the following criteria:
33             (1)  "Mineralized  water"  means  bottled  or vended
 
                            -25-     LRB093 03025 DRJ 16126 a
 1        water that meets  the  requirements  of  "mineral  water"
 2        except that the water contains added minerals.
 3             (2)  "Natural water" means bottled or vended spring,
 4        artesian  well,  or  well  water  that  is  unmodified by
 5        mineral addition or deletion, except that "natural water"
 6        may be filtered and must be sanitized with  ozone  or  an
 7        equivalent disinfection process and treated to reduce the
 8        concentration   of  any  substance  that  exceeds  safety
 9        standards established by the Department.
10             (3)  "Naturally sparkling water" means bottled water
11        or vended water with a carbon dioxide  content  from  the
12        same source as the water.
13             (4)  "Sparkling",   "carbonated",   or  "carbonation
14        added" means that  the  bottled  water  or  vended  water
15        contains carbon dioxide.
16        (b)  Notwithstanding any other provision of this Section,
17    water  from  a public water system that is unprocessed by the
18    bottler or vendor must comply with Section  165.110(a)(3)(ii)
19    of Title 21 of the Code of Federal Regulations.

20        Section  155.  Water  of  substandard quality.  Except as
21    provided in Section 20, any  bottled water or  vended  water,
22    the  quality  of  which is below the quality required by this
23    Act, must be labeled with a statement of substandard quality,
24    as prescribed by subsection (b) of Section 165.110 of Subpart
25    B of Part 165 of Title 21 of the Code of Federal Regulations.

26        Section 160.  Bottled water with  carbonation  and  added
27    flavors.
28        (a)  Bottled  water with natural or added carbonation may
29    be prepared with added flavors, extracts, essences, or  fruit
30    juice   concentrates  derived  from  a  spice  or  fruit  and
31    comprising less than 1% by weight of the final product.   The
32    final  product must contain no sweeteners, or additives other
 
                            -26-     LRB093 03025 DRJ 16126 a
 1    than  the  flavors,  extracts,  essences,  or   fruit   juice
 2    concentrates  and  carbon  dioxide, and must be designated on
 3    labels and in advertising as follows:
 4             (1)  The common or usual name of the  characterizing
 5        flavor  must  accompany  the  designation  of the bottled
 6        water product type, as specified in Section 150.
 7             (2)  The product may be designated as "natural" only
 8        if (i) it meets the requirements for the  designation  as
 9        provided  in  Section  150  and  (ii)  naturally  derived
10        flavors, extracts, or essences are used.
11        (b)  Products labeled under this Section must comply with
12    all  other provisions of this Act.  Products with one type or
13    one source of bottled  water  that  are  labeled  under  this
14    Section  may  not  be  blended with water that is not bottled
15    water or that is of another bottled water type.

16        Section 165.  Billing statement contents.
17        (a)  Bottlers and water haulers that distribute  directly
18    to   consumers  must  provide  information  on  each  billing
19    statement that includes the following:
20             (1)  A telephone number  of  the  bottler  or  brand
21        owner.
22             (2)  The bottler's or brand owner's mailing address.
23             (3)  The  means  by  which  a  customer may order or
24        download consumer information relating to water  quality,
25        including  the  consumer confidence report prepared under
26        Section 110.
27        (b)  Bottlers or brand  owners  may  also  include  other
28    forms   of  contact,  including,  but  not  limited  to,  the
29    bottler's or brand owner's E-mail address or  Web site.

30        Section  170.  Water   packaged   for   use   in   public
31    emergencies.
32        (a)  The Department, by its written permission, may allow
 
                            -27-     LRB093 03025 DRJ 16126 a
 1    a  person  to  package  water  for  use in public emergencies
 2    without obtaining a water bottling license if  the  emergency
 3    has  resulted  in the interruption of, or has compromised the
 4    quality  of,  the  public   drinking   water   supply.    The
 5    Department's  permission  may authorize the suspension of any
 6    provision of this Act and related regulations.
 7        (b)  The Department may at any time change or  impose  on
 8    the   permittee   any   requirements,  such  as  requirements
 9    concerning testing, equipment, and  documentation,  that  the
10    Department  deems  necessary to protect public health, but in
11    doing so, the Department must consider the  effect  of  those
12    requirements  in  light of the urgency of the situation.  The
13    Department may grant or withdraw this permission at any time.
14        (c)  Packing, distribution, and  use  of  water  under  a
15    permit  shall be allowed only during the emergency period and
16    shall end upon the restoration of  adequate  public  drinking
17    supplies as determined by the Department. Distribution of the
18    packaged  water  shall be limited to the area affected. Water
19    so packaged shall be prominently  labeled  "drinking  water",
20    "for  emergency  use  only",  and  "not for sale", or similar
21    wording approved by the Department.
22        (d)  This Section shall  not  be  construed  to  restrict
23    licensed water-bottling plants from providing water processed
24    in accordance with this Act in emergency situations.

25        Section 175.  Review of labels.  Before issuing a license
26    under  this  Act,  the  Department  must  review  all  labels
27    prepared  pursuant to this Act and may require any changes in
28    order to comply with this Act.

29        Section 900.  The State Finance Act is amended by  adding
30    Section 5.595 as follows:

31        (30 ILCS 105/5.595 new)
 
                            -28-     LRB093 03025 DRJ 16126 a
 1        Sec. 5.595.  The Safe Bottled and Vended Water Fund.".