New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 2100 - BEVERAGES AND BOTTLED WATER
Part He-P 2101 - DEFINITIONS
Section He-P 2101.01 - Definitions

(a) "Adequate" means that which is needed to accomplish the intended purpose.

(b) "Approved source" means the source(s) of the water and the water therefrom, which has been approved by the New Hampshire department of environmental services (DES) in accordance with RSA 143:16 or RSA 485:3.

(c) "Artesian water" means "artesian water" as defined in 21 CFR 165.110(a)(2)(i), namely "water from a well tapping a confined aquifer in which the water level stands at some height above the top of the aquifer."

(d) "Beverages" means "beverage" as defined in RSA 143:9, namely "all still and carbonated drinks, fruit juices and all beverages compounded therefrom; all bottled waters, whether for medicinal or table use; and all packaged liquids intended for use in the manner of drink. Milk and unmixed products thereof, and fruit juices and waters retailed exclusively by the producer or manufacturer direct, are not included."

(e) "Bottled water" means "bottled water" as defined in 21 CFR 165.110(a)(1).

(f) "Bottler" means any person, firm, or corporation engaging in the business of bottling beverages and/or water for sale or distribution.

(g) "Bulk water" means a source of water, not bottled by its owner, but which is transported via tanker truck or an equivalent means from one area to another for the purpose of treatment, packaging and human consumption.

(h) "Commissioner" means the commissioner of the New Hampshire department of health and human services or his or her designee.

(i) "Compliant facility" means a facility that achieves a score of 90 or greater on an inspection, in accordance with He-P 2108.01.

(j) "Corrosion resistant material" means those materials that maintain their original surface characteristics when exposed to the conditions encountered during intended use including expected contact with product and cleaning, sanitizing or sterilization compounds or solutions.

(k) "Deionized water" means "deionized water" as defined in 21 CFR 165.110(a)(2)(iv), namely water that "has been processed by deionization."

(l) "Demineralized water" means "demineralized water" as defined in 21 CFR 165.110(a)(2)(iv), namely "water that has been produced by distillation, deionization or reverse osmosis, or other suitable processes and that meets the definition of 'purified water' in the United States Pharmacopeia, 23rd Revision, January 1, 1995."

(m) "Department" means the New Hampshire department of health and human services.

(n) "Distilled water" means "distilled water" as defined in 21 CFR 165.110(a)(2)(iv), namely water that "has been produced by distillation."

(o) "Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury, based on the number of potential injuries and the nature, severity, and duration of the anticipated injury.

(p) "Maximum contaminant level (MCL)" means "maximum contaminant level" as defined in RSA 485:1-a,VII.

(q) "Mineral water" means "mineral water" as defined in 21 CFR 165.110(a)(2)(iii), namely "water containing not less than 250 parts per million (ppm) total dissolved solids (TDS) coming from a source tapped at one or more bore holes or springs, originating from a geologically and physically protected underground water source."

(r) "Multiservice containers" means containers intended for use more than one time.

(s) "Natural water" means ground water that is not modified in its mineral content by addition or subtraction except the modification that might occur through minimal treatment such as filtration, aeration, ozonation, ultraviolet light, or equivalent disinfection processes intended to remove undesirable elements.

(t) "Non-compliant facility" means a facility that scores less than 90 on an inspection, in accordance with He-P 2108.01.

(u) "Nontoxic materials" means materials for product contact surfaces utilized in the transporting, processing, storing, and packaging of bottled beverages or drinking water, which are free of substances which could render the water injurious to health or which could adversely affect the flavor, color, odor or bacteriological quality of the beverage or water.

(v) "Operations water" means water which is delivered under pressure to a plant for container washing, hand washing, plant, and equipment cleanup and for other sanitary purposes.

(w) "Person" means an individual or firm, partnership, company, corporation, trustee, association, or any public or private entity.

(x) "Primary container" means the immediate container in which product water is packaged.

(y) "Processing authority" means "processing authority" as defined in 9 CFR 318.300(q), namely "the person(s) or organization(s) having expert knowledge of thermal processing requirements for foods in hermetically sealed containers, having access to facilities for making such determinations, and designated by the establishment to perform certain functions as indicated in this subpart."

(z) "Product water" means water that is processed by a plant for bottled drinking water or for the manufacture of beverages.

(aa) "Purified water" means "purified water" as defined in 21 CFR 165.110(a)(2)(iv), namely "water that has been produced by distillation, deionization, reverse osmosis, or other suitable processes, and which meets the definition of 'purified water' in the United States Pharmacopeia, 23rd Revision, January 1, 1995."

(ab) "Sanitize" means the application of cumulative heat, chemicals or equivalent processes on cleaned product contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to 99.999% reduction of representative disease microorganisms of public health importance.

(ac) "Single-service container" means a container intended for one time usage only.

(ad) "Sparkling bottled water" means "sparkling bottled water" as defined in 21 CFR 165:110(a)(2)(v), namely "water that after treatment and possible replacement with carbon dioxide, contains the same amount of carbon dioxide from the source that it had at emergence from the source."

(ae) "Spring water" means "spring water" as defined in 21 CFR 165.110(a)(2)(vi), namely "water derived from an underground formation from which water flows naturally to the surface of the earth."

(af) "Sterile water" means "sterile water" as defined in 21 CFR 165.110(a)(2)(vii), namely "water that meets the requirements under 'Sterility Tests' in the United States Pharmacopeia, 23rd Revision, January 1, 1995."

(ag) "Unit package" means a standard commercial package of a beverage or bottled drinking water.

(ah) "Vended water" means water that is dispensed by a water vending machine that is not placed by a bottler in sealed containers.

(ai) "Wash" means cleaning with a solution that contains soap, detergent, acid cleaner, alkaline cleaner, or other cleaning agents according to the cleaning agents manufacturing label instructions.

(aj) "Well water" means "well water" as defined in 21 CFR 165.110(a)(2) (viii), namely "water from a hole bored, drilled, or otherwise constructed in the ground which taps the water of an aquifer."