Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 500.000 - Good Manufacturing Practices For Food
Supplemental Regulations for the Manufacture, Collection, Bottling, and Labeling of Bottled Water and Carbonated Non-alcoholic Beverages
Section 500.090 - General Requirements

Universal Citation: 105 CMR 500.000 MA Code of Regs 500.090

Current through Register 1531, September 27, 2024

(A) No person within Massachusetts shall manufacture or bottle carbonated non-alcoholic beverages or bottled water, whether carbonated or non-carbonated, for human consumption without a license issued by the board of health or in violation of the terms of the license or any of the requirements specified in 105 CMR 500.000.

(B) No person engaged outside Massachusetts in the business of manufacturing or bottling carbonated non-alcoholic beverages or water, whether carbonated or non-carbonated, for human consumption shall sell any such product in Massachusetts without a license issued by the Department or in violation of the terms of the license or any of the requirements specified in 105 CMR 500.000.

(C) No person shall use water from a particular water source in bottling bottled water or carbonated non-alcoholic beverages unless that source and any treatment of that source have a current approval from the Department or the relevant out-of-state jurisdiction.

(D) No person shall sell or exchange, deliver, advertise, or offer for sale or exchange any bottled water or carbonated non-alcoholic beverage unless the manufacturer and bottler of such product hold a valid license from the board of health or the Department.

(E) All persons who manufacture or bottle bottled water, whether carbonated or non-carbonated, for human consumption shall comply with all applicable federal regulations, including but not limited to the following sections of the federal regulation 21 CFR Part 129: Processing and Bottling of Bottled Drinking Water:

(1) Subpart A - General Provisions;

(2) Subpart B - Buildings and Facilities, sections 129.20, 129.35(a)(4)(iii), and 129.37;

(3) Subpart C - Equipment; and

(4) Subpart E - Production and Process Controls.

(F) All persons who manufacture or bottle carbonated non-alcoholic beverages or bottled water, whether carbonated or non-carbonated, for human consumption shall comply with all applicable federal regulations, including but not limited to the following sections of federal regulation 21 CFR Part 165: Beverages:

(1) Subpart A, section 165.3 - Definitions, for both bottled water and carbonated non-alcoholic beverages; and

(2) Subpart B - Requirements for Specific Standardized Beverages, except that bottled water that does not comply with a standard of identity in 21 CFR § 165.110(a) may not be marketed in Massachusetts, unless approved by the Department.

(G) Multi-use Equipment. Water intended for bottling water or carbonated non-alcoholic beverages shall not be stored, transported, processed, or bottled through equipment or lines used for any dairy product, except that filling equipment may be used for dairy products in accordance with the following requirements.

(1) When filling equipment designed for cleaning in place is utilized for dairy products or non-beverage foods, such equipment shall be thoroughly cleaned and sanitized in place in accordance with procedures specified by the manufacturer and in 21 CFR Part 129: Processing and Bottling of Bottled Drinking Water prior to being used for bottled water or carbonated non-alcoholic beverages.

(2) Fillers not designed for cleaning in place shall be completely disassembled for cleaning and sanitizing prior to being used for bottled water or carbonated non-alcoholic beverages.

(H) Ozone.

(1) Where ozone is used as a germicidal agent, all gaskets, o-rings, and similar flexible material shall be made of silicone rubber, Teflon, or other ozone resistant material. These flexible parts shall be replaced whenever they show evidence of surface deterioration.

(2) If ozone is used as an antimicrobial disinfectant in the bottling process, it shall be used as specified in 21 CFR Part 184: Direct Food Substances Affirmed as Generally Recognized as Safe.

(I) Additional Labeling Requirements for Bottled Water. In addition to the labeling requirements of 105 CMR 500.006(A), all bottled water shall comply with the following labeling requirements.

(1) Source. The label shall state:
(a) The type of water source (such as well, spring);

(b) The location of the water source: municipality, state, and country if not the United States;

(c) When bottled water comes from a community water system, as defined in 40 CFR § 141.2, except when it has been treated to meet the definition(s) in 21 CFR § 165.110(a)(2)(iv) (purified water/purified drinking water) or 21 CFR § 165.110(a)(2)(vii) (sterile water) 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. This statement shall immediately and conspicuously precede or follow the name of the food without intervening written, printed, or graphic matter, in type size at least 1/2 the size of the statement of identity but in no case less than one sixteenth of an inch; and

(d) If more than one water source is used in the final product, the label shall clearly state the type and location of all water sources used.

(2) Spring. The term "spring", "springs" or "spring water" shall not be used as a product name or a brand name on a label unless the water source meets the definition of spring water in 21 CFR § 165.110(a)(2)(vi).

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