Bottled water regs - EFR 5-51

The last two issues of volume 5 of the Electronic Food Rap are being sent today. This is number 51. We wish everyone a relaxing holiday time and a wonderful new year!

The use of bottled water has risen dramatically in the last decade. Regulations and definitions have not kept pace. The following from the Food and Drug Administration is an attempt to start to put some parameters on this nebulous product.

From: FDA TALK PAPER NO. 2 (T95-59), November 7, 1995

FDA is publishing regulations on bottled water that will promote honesty and fair dealing in the marketplace by providing standard definitions for the terms "artesian water," "ground water," "mineral water," "purified water," "sparkling bottled water," "spring water," "sterile water" and "well water." They also bring mineral water under existing quality standards for bottled water.

The following may be used to answer questions: Bottled water, like all other foods regulated by FDA, must be processed, packaged, shipped and stored in a safe and sanitary manner and be truthfully and accurately labeled. Bottled water products must also meet specific FDA quality standards for contaminants. The~e are set in response to requirements that the Environmental Protection Agency has established for tap water.

The new regulation sets standard definitions for different types of bottled waters, helping to resolve possible confusion about what terms like "spring" and "ground" water really mean. For example, "spring water" is now defined as water collected as it flows naturally to the surface, or when pumped through a bore hole from the spring source. Water that comes from the bore hole must be the same as that which comes from the spring's natural orifice. The regulation allows labeling to describe how the water came to the surface, for example, "naturally flowed to the surface, not extracted."

The regulation also requires mineral water to meet the bottled water quality standards. It must come from a protected underground source and contain at least 250 parts per million in total dissolved solids. Mineral water had previously been exempt from standards that apply to other bottled waters.

Besides defining several terms, the regulation addresses various other labeling concerns. For example, water bottled from municipal water supplies must be clearly labeled as such, unless it is processed sufficiently to be labeled as "distilled or "purified water.

The regulation also requires accurate labeling of bottled waters marketed for infants. If a product is labeled "sterile" it must be processed to meet FDA's requirements for commercial sterility. Otherwise, the labeling must indicate that it is not sterile and should be used in preparation of infant formula only as directed by a physician or according to infant formula preparation instructions.

The regulation does not pertain to soft drinks and similar beverages that do not highlight a water ingredient. Such beverages must be safe and truthfully labeled, like all other foods. However, if the water ingredient is highlighted in any way, that water must meet bottled water standards.

A proposal on this subject was published on Jan. 5, 1993. The comment period was extended twice - once to allow a trade group to conduct a survey on the meaning of "spring water" and later to allow comment on two surveys that were submitted to FDA. FDA received more than 430 comments, most of which were supportive of the proposal.

The rule becomes effective six months after being published in the Federal Register.