Texas Administrative Code
Title 25 - HEALTH SERVICES
Part 1 - DEPARTMENT OF STATE HEALTH SERVICES
Chapter 229 - FOOD AND DRUG
Subchapter F - PRODUCTION, PROCESSING, AND DISTRIBUTION OF BOTTLED AND VENDED DRINKING WATER
Section 229.86 - Processing of Vended Water
Universal Citation: 25 TX Admin Code ยง 229.86
Current through Reg. 49, No. 38; September 20, 2024
(a) Water dispensing device requirements are as follows.
(1) Any device from which any operator or
consumer dispenses servings of water in bulk shall comply with Title 21, Code
of Federal Regulations (CFR), §129.40, Equipment and Procedures, and
§165.110, Requirements for Specific Standardized Beverages. Except
§129.40, the provision pertaining to the cleaning, sanitizing, filling,
and capping or sealing of containers shall not apply to containers furnished by
the consumer.
(2) Water dispensing
devices shall:
(A) be designed and
constructed to permit thorough cleaning, sanitization, and maintenance of all
exterior and interior surfaces and component parts;
(B) have all parts and surfaces that come
into contact with the water constructed of corrosion-resistant, and
nonabsorbent material acceptable to the department and capable of withstanding
repeated cleaning and sanitizing treatment;
(C) be designed so all treatment of the water
by distillation, ion-exchange, filtration, ultraviolet light, reverse osmosis,
mineral addition, or any other acceptable process is done in an effective
manner;
(D) have an effective
system of collection and handling of drip, spillage, and overflow of
water;
(E) have a backflow
prevention device approved by the department or local authority for all
connections with the water supply;
(F) disinfect water by ultraviolet light or
other method approved by the department immediately prior to delivery into the
customer's container;
(G) comply
with the American Water Works Association (AWWA) specifications for granular
activated carbon if used in the treatment of potable water (AWWA
B604-74);
(H) be maintained in a
clean and sanitary condition; and
(I) be free from dirt and vermin.
(b) Vending machines, in addition to requirements in subsection (a) of this section, shall:
(1) have a recessed or guarded
corrosion-resistant dispensing spout;
(2) be equipped with monitoring devices
designed to shut down operation of the machine when the disinfection unit fails
to function;
(3) be equipped with a
self-closing, tight-fitting door on the vending compartment;
(4) be located in an area that can be
maintained in clean condition and in a manner that avoids insect and rodent
harborage; and
(5) display in a
position clearly visible to customers, the following information:
(A) the name and address of the
operator;
(B) a statement to the
effect that the water is obtained from an approved source; and
(C) a local or toll-free telephone number
that may be called for further information, service, or complaints.
(c) Service, sampling and records shall meet the following requirements.
(1) All parts and surfaces of the water
dispensing device shall be maintained in clean condition by the vended water
operator. The dispensing chamber and dispensing nozzle shall be cleaned and
sanitized each time the device is serviced; whereas, all surfaces in contact
with the vended water shall be maintained as a deposit free, visibly clean
system. A record of cleaning and maintenance operations shall be kept by the
operator for each water dispensing device for a period of two years and be
available for inspection upon request.
(2) The vended water from each water
dispensing device shall have a bacteriological analysis conducted a minimum of
once every 90 calendar days and if required by the department, shall also be
analyzed for other physical, chemical, or microbiological parameters.
(A) Sample results reported as coliform
positive or unsuitable for analysis shall be submitted by facsimile to the
department within 24 hours of receipt of the sample results from a laboratory
acceptable to the department. The person shall submit the results to the Foods
Group, Policy/Standards/Quality Assurance Unit by facsimile at (512) 834-6681,
or by e-mail at Feedback.MFD@dshs.state.tx.us.
(B) The person operating a water dispensing
device shall maintain the original of all sample results for a period of two
years. The drinking water analyses shall be performed by a laboratory
acceptable to the department. A copy of the analysis shall be available for
review and copying during inspections.
(3) Each person operating a water dispensing
device shall maintain a written maintenance program. The written maintenance
program shall include written servicing instructions for the operator;
technical manuals for the machine and water treatment appurtenances involved;
and records of service. The written maintenance program shall be available for
inspection by the department.
(4)
The vended water operator shall clean and perform servicing of the water
vending machine a minimum of once per month.
(A) More frequent cleaning and servicing may
be required to maintain sanitation or as required by the manufacturer of the
equipment.
(B) Sampling results of
positive coliform or unsuitable for analysis are indications that servicing of
machine may be required at a higher frequency than once per month as detailed
in paragraph (5) of this subsection.
(5) Methods of testing for maximum
contaminant levels (MCLs) for microbiological contaminants in water dispensed
from water dispensing devices shall be performed as follows:
(A) if any sample collected from a water
dispensing device is determined to be unsatisfactory for any reason (i.e.
coliform positive or unsuitable for analysis), the operator shall notify the
department in accordance with paragraph (2)(A) of this subsection;
and
(B) the water dispensing device
shall be cleaned, sanitized and resampled immediately. Until the sample results
are known the device shall remain out of service; and
(C) if after being cleaned and sanitized, the
vended water is determined to be unsatisfactory, the machine shall remain out
of service until the source of the contamination has been located and corrected
and a negative sample obtained. The negative sample result shall be maintained
in accordance with paragraph (2)(B) of this subsection.
Disclaimer: These regulations may not be the most recent version. Texas 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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