Full Text of SB3112 93rd General Assembly
SB3112enr 93RD GENERAL ASSEMBLY
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| AN ACT in relation to public health.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the Safe | 5 |
| Bottled Water Act.
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| Section 5. Definitions. In this Act:
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| "Bottled water" means any water that is placed in a
sealed | 8 |
| container at a water-bottling plant to be used for drinking,
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| culinary, or other purposes involving a likelihood of the water | 10 |
| being
ingested by humans. "Bottled water" does not include | 11 |
| water packaged
with the approval of the Department for use in a | 12 |
| public emergency.
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| "Department" means the Department of Public Health.
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| "Private water source" means a privately owned source of
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| water in Illinois, other than a public water system or private | 16 |
| water system as defined in the Illinois Groundwater Protection | 17 |
| Act, that is used for bottled or
vended water and meets the | 18 |
| requirements of an approved source for
bottled water as defined | 19 |
| in Section 129.3 of Title 21 of the Code of
Federal | 20 |
| Regulations.
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| "Retail water facility" means any commercial establishment
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| where vended water is sold, and placed in customers' | 23 |
| containers, or
placed in containers sold or given to customers | 24 |
| who come to the
establishment to obtain water.
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| "Vended water" means any water that is dispensed by a
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| water-vending machine or retail water facility, or water from a
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| private water source, and that is
dispensed by a water-vending | 28 |
| machine, retail water facility, water
hauler, or any other | 29 |
| person or facility for drinking, culinary, or
other purposes | 30 |
| involving a likelihood of the water being ingested by
humans. | 31 |
| "Vended water" does not include water from a public water
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| system that has not undergone additional treatment. Water sold
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| without further treatment is not "vended water".
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| "Water-bottling plant" means any facility in which bottled
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| water is produced.
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| "Water-vending machine" means any self-service device | 5 |
| that,
upon insertion of a coin, coins, or token, or upon | 6 |
| receipt of payment
by any other means, dispenses a unit volume | 7 |
| of water to be used for
drinking, culinary, or other purposes | 8 |
| involving a likelihood of the
water being ingested by humans.
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| Section 10. Licenses required.
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| (a) No person may operate a water-bottling plant or a
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| private water source in this
State, except pursuant to a | 12 |
| license issued by the Department. Bottled water must be | 13 |
| processed in conformance with 21 CFR Part 129 and must conform | 14 |
| to 21 CFR Part 165. If a
person has a valid water-bottling | 15 |
| plant license issued by the
Department, additional license fees | 16 |
| for a private water source
operator based and operating at the | 17 |
| same address
shall not be required.
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| (b) Any bottled water
produced by a private
water source or | 19 |
| water-bottling plant that is not licensed in compliance with | 20 |
| this Act is
misbranded and may be embargoed.
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| (c) It is unlawful for a water bottler, water distributor, | 22 |
| water-vending
machine owner,
retail water facility, or private | 23 |
| water source operator to
sell or otherwise distribute water | 24 |
| that is unsafe for use or that is
adulterated or
misbranded as | 25 |
| provided in the Illinois Food, Drug and Cosmetic Act.
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| (d) The licensing of activities relating to bottled water | 27 |
| as
provided in this Section is an exclusive power and function | 28 |
| of the State. A
home rule
unit may not license any activities | 29 |
| relating to bottled water
that are
licensed under this Section. | 30 |
| This subsection is a denial and limitation of home
rule
powers | 31 |
| and functions under subsection (h) of Section 6 of Article VII | 32 |
| of the
Illinois
Constitution.
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| Section 15. Inspections and related activities.
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| (a) In order to carry out the purposes of this Act,
any |
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| duly authorized representative of the Department may, at any
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| reasonable hour of the day, do any of the following:
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| (1) Enter and inspect a licensed facility or any place | 4 |
| where
bottled water or vended water records are stored, | 5 |
| kept, or
maintained.
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| (2) Inspect and copy any records, reports, test | 7 |
| results, or other
information required to implement this | 8 |
| Act.
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| (3) Obtain samples of the water supply and finished | 10 |
| product.
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| (b) The Department shall inspect every water-bottling | 12 |
| plant and private water
source at least once each year. The | 13 |
| Department
shall
provide an opportunity for a representative of | 14 |
| the water-bottling
plant or private water source operator to | 15 |
| accompany the Department's representative
during the | 16 |
| inspection.
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| (c) Any person who prevents, interferes
with, or attempts | 18 |
| to impede in any way any duly authorized
representative of the | 19 |
| Department from undertaking any activity
authorized by this | 20 |
| Section is guilty of a Class A misdemeanor.
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| Section 20. Water intended for bottling; storage, | 22 |
| transportation, and processing. | 23 |
| (a) Water intended for bottling shall not be stored, | 24 |
| transported, processed, or bottled through equipment or lines | 25 |
| used for any non-food product. | 26 |
| (b) Water intended for bottling shall not be stored, | 27 |
| transported, processed, or bottled through equipment or lines | 28 |
| used for any non-beverage food, except that filling equipment | 29 |
| may be used for non-beverage foods in accordance with the | 30 |
| following requirements: | 31 |
| (1) When filling equipment designed for cleaning in | 32 |
| place is utilized for non-beverage foods, that equipment | 33 |
| must be thoroughly cleaned and sanitized in place in | 34 |
| accordance with procedures specified by the manufacturer | 35 |
| and in 21 CFR Part 129 prior to being used for bottled |
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| water. | 2 |
| (2) Fillers not designed for cleaning in place must be | 3 |
| completely disassembled for cleaning and sanitizing prior | 4 |
| to being used for bottled water.
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| Section 25. License fee. The fee for any license issued | 6 |
| under this Act is
$150. The
fee must be paid to the Department | 7 |
| before a license may be issued. Licenses issued under this Act | 8 |
| shall be issued annually. Licenses must be renewed annually on | 9 |
| or before January 1 of the year for which they are issued. The | 10 |
| Department may impose an additional fee of $50 on a person who | 11 |
| submits an application for a license after the deadline. The | 12 |
| Department shall use all fees received under this Act for the | 13 |
| purpose of recouping the costs of providing the services | 14 |
| required to be provided by the Department under this Act.
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| Section 30. Water-bottling plants located outside | 16 |
| Illinois. Every water-bottling plant located outside Illinois | 17 |
| that sells or distributes bottled water in Illinois must | 18 |
| annually register with the Department. The fee for registration | 19 |
| under this Act is $150. The Department may impose an additional | 20 |
| fee of $50 on an out-of-state water-bottling plant that | 21 |
| registers after the deadline set by the Department. | 22 |
| Section 35. Safe Bottled Water Fund. The Safe Bottled Water
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| Fund is established as a special fund in the State treasury. | 24 |
| All moneys
received
by the Department under this Act shall be | 25 |
| deposited into the fund. Moneys in
the fund
shall be used by | 26 |
| the Department,
upon appropriation, for the purpose of | 27 |
| administering this Act.
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| Section 40. Denial, revocation, or suspension of license. | 29 |
| (a) The
Department may deny
any license application or
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| revoke or suspend any license issued under this Act for cause. | 31 |
| The Department
shall
inform the applicant or license holder of | 32 |
| the denial, revocation, or suspension
in
writing, stating with |
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| particularity the reasons for the denial,
revocation, or | 2 |
| suspension.
The Department shall afford the applicant or | 3 |
| license holder an opportunity for
a hearing in accordance with | 4 |
| the Illinois Administrative Procedure Act.
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| (b) For purposes of this Section, "cause" means a violation | 6 |
| of any
provision of this Act or any regulation adopted pursuant | 7 |
| to this
Act.
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| Section 45. Potential contamination. | 9 |
| (a) Upon a determination by the Department that a
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| particular water source is subject to potential contamination, | 11 |
| the
Department shall notify the appropriate bottler, | 12 |
| distributor, or vendor of
bottled water, owner or operator of a | 13 |
| water-vending machine,
water hauler, retail water facility | 14 |
| operator, or private
water source operator of the specific | 15 |
| contaminants or class of
contaminants that pose a potential | 16 |
| health risk.
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| (b) Within 7 days after notification by the Department, the
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| bottler, distributor, or vendor of bottled water, owner or
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| operator of a water-vending machine, water hauler, retail
water | 20 |
| facility operator, or private water source operator must
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| conduct an analysis of the water source and submit the results | 22 |
| of the
analysis to the Department.
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| (c) If evidence of contamination is found, the Department | 24 |
| may, by
order, require the bottler of bottled water,
owner or | 25 |
| operator of a water-vending machine, or private water
source | 26 |
| operator to conduct an analysis of the finished water product | 27 |
| for
the contaminants of concern in accordance with conditions | 28 |
| specified
by the Department. The water analysis must be | 29 |
| conducted and
reported on an annual basis, unless the | 30 |
| Department finds that
reasonable action requires either more | 31 |
| frequent or less frequent
analysis.
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| Section 50. Testing laboratories. All testing of bottled | 33 |
| water, bottled
water sources,
water distributed by water | 34 |
| haulers, water from retail water facilities,
and water from |
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| vending machines must be done by competent laboratories
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| approved by the Department or another state's regulatory | 3 |
| agency.
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| Section 55. Water packaged for use in public emergencies. | 5 |
| (a) The Department, by its written permission, may allow a
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| person to package water for use in public emergencies without
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| obtaining a water bottling license if the emergency has | 8 |
| resulted
in the interruption of, or has compromised the quality | 9 |
| of, the public
drinking water supply. The Department's | 10 |
| permission may authorize the
suspension
of any provision of | 11 |
| this Act and related regulations.
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| (b) The Department may at any time change or impose on the
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| permittee any requirements, such as requirements concerning | 14 |
| testing, equipment,
and
documentation, that the Department | 15 |
| deems necessary to protect public
health, but in doing so, the | 16 |
| Department must consider the effect of those
requirements in | 17 |
| light of the urgency of the situation. The
Department may grant | 18 |
| or withdraw this permission at any time.
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| (c) Packing, distribution, and use of water under a permit
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| shall be allowed only during the emergency period and shall end | 21 |
| upon
the restoration of adequate public drinking supplies as | 22 |
| determined by
the Department. Distribution of the packaged | 23 |
| water shall be limited to the area
affected.
Water so packaged | 24 |
| shall be prominently labeled "drinking water",
"for emergency | 25 |
| use only", and "not for sale", or similar wording
approved by | 26 |
| the Department.
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| (d) This Section shall not be construed to restrict | 28 |
| licensed
water-bottling plants from providing water processed | 29 |
| in accordance
with this Act in emergency situations.
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| Section 60. Violation; penalty. A person who commits a | 31 |
| violation of this Act other than a violation of subsection (c) | 32 |
| of Section 15 is guilty of a petty offense and subject to a | 33 |
| fine of not more than $1,000.
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| Section 90. The State Finance Act is amended by adding | 2 |
| Section 5.625 as follows: | 3 |
| (30 ILCS 105/5.625 new)
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| Sec. 5.625. The Safe Bottled Water Fund. | 5 |
| Section 99. Effective date. This Act takes effect January | 6 |
| 1, 2005.
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