Section 70.26. Product sampling; recordkeeping; reports.

 

(1)  Operations water and ingredient water used in a bottling establishment shall comply with standards specified under s. ATCP 70.07 .

(2)  Bottled drinking water and soda water beverages shall comply with ch. NR 809 and the health related enforcement standards of s. NR 140.10 .

(3)  The operator of a bottling establishment shall collect and analyze representative samples of bottled product to provide reasonable assurance of compliance with sub. (2) . For contaminant types identified in sub. (4) , the operator shall collect and test samples at no less than the frequency required under sub. (4) .

(4)  The operator of a bottling establishment shall collect and analyze samples of bottled product for the following contaminants at the following minimum frequencies, and more frequently if necessary to provide reasonable assurance of compliance with sub. (2) . - See PDF for table

(4m)  Notwithstanding subs. (3) and (4) , if the operator of a bottling establishment obtains ingredient water from a municipal source that complies with sub. (2) , the operator is not required to test bottled product for any contaminant other than bacteria unless one of the following applies:

(a) The operator has reason to suspect that the contaminant may be present in that ingredient water or in the bottled product.

(b) Testing is required under 21 CFR 129.80 (g) for bottled water.

(5)  

(a) Bottling establishment operators shall maintain records of all test results obtained from the analysis of operations water and ingredient water. Test results shall be made available for inspection and copying by the department upon request. Results of microbiological analyses shall be maintained for one year, chemical analyses for 6 years; and radiological analyses for 10 years.

(b) A processor of bottled water shall report the results of all required analyses under sub. (3) to the department. Results for each license year shall be reported to the department upon request. If the result of any individual analysis exceeds the established enforcement standard, the bottled water processor shall submit a copy of that analytical report to the department within 7 days of the completion of the analysis.

Cr. Register, October, 1989, No. 406 , eff. 11-1-89; r. and recr. (1), Register, April, 1996, No. 484 , eff. 5-1-96; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1998, No. 505 ; CR 09-009 : r. and recr. (3) and (4), cr. (4m) Register October 2009 No. 646 , eff. 11-1-09; correction in (4m) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register October 2009 No. 646 .