Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 235 - RULES RELATING TO BULK WATER
Section 144-235-8 - LABEL REQUIREMENTS

Universal Citation: 10 ME Code Rules ยง 144-235-8

Current through 2024-38, September 18, 2024

A. GENERAL REQUIREMENTS. All bottled water sold or offered for distribution in the state of Maine shall be labeled to comply with all applicable provisions under U.S. FDA 21 CFR Sections 101.1, 101.5, and 165.110(a).

B. WATER SOURCE.

1. SPRING. Water coming from springs, according to the definition in Section 2 of these rules, may be labeled "Spring Water" or "Natural Spring Water".

2. ARTESIAN. Water meeting the definition of artesian well in Section 2, or pumped water taken from the ground, from drilled wells may be labeled "Well Water", "Artesian Water" or "Natural Water".

3. MUNICIPAL. When bottled water comes from a community water system, as defined in Section 2, and is labeled as such, the label shall state "from a community water system" or, alternatively, "from a municipal source" as appropriate, on the principal display panel or panels. Such labeling shall in no case be less than one-sixteenth of an inch.

C. NAME OF BOTTLER OR DISTRIBUTOR.

1. The label of a bottled product in packaged form shall specify conspicuously the name and place of business of the bottler or distributor.

2. The statement of the place of business shall include the street address, city, state and ZIP code; however, the street address may be omitted if it is shown in a current city directory or telephone directory.

3. Where the bottled product is not manufactured by the person whose name appears on the label, the name shall be qualified by a phrase that reveals the connection such person has with such bottled product; such as "Bottled for ____", "Distributed by ___", or any other wording that expresses the facts.

4. Such labeling shall in no case be less than one-sixteenth of an inch.

D. ADULTERATION.

1. When the microbiological, physical, chemical or radiological quality of bottled water is above that prescribed in U.S. FDA 21 CFR Section 165.110(b), from time to time amended. The label of the product shall bear a statement of substandard quality as follows:
(a) "Contains Excessive Bacteria" if the bottled water fails to meet the requirements of U.S. FDA 21 CFR Section 165.110(b)(2).

(b) "Excessively Turbid," "Abnormal Color," and/or "Abnormal Odor," as appropriate, if the bottled water fails to meet the requirements of U.S. FDA 21 CFR Section 165.110(b)(3).

(c) "Contains Excessive -----------" with the blank filled in with the name of the chemical for which the Standard of Quality as described in U.S. FDA 21 CFR Section 165.110(b)(4) is exceeded.

(d) "Excessively Radioactive" if the bottled water fails to meet the requirements of U.S. FDA 21 CFR Section 165.110(b)(5).

2. Such labeling shall in no case be less than one-sixteenth of an inch.

E. U.S. FDA NUTRITIONAL REQUIREMENTS:

1. All nutrition labeling shall comply with the applicable provisions under U.S. FDA 21 CFR Section 101.9.

2. All claims of medicinal and/or health giving properties shall comply with the applicable provisions under U.S. FDA 21 CFR.

3. Such labeling shall in no case be less than one-sixteenth of an inch.

F. MAINE STATUTE REFERENCE. Product labeling must also comply with the provisions of State of Maine Title 32 M.R.S.A. Chapters 26, 26-A, 27 and 28.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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