AN ACT
Relating to bottled water; amending RCW 69.04.008 and 69.07.010; reenacting and
amending RCW 43.20.050; adding new sections to chapter 69.07 RCW; and adding a
new section to chapter 70.119A RCW.
BE IT ENACTED BY THE LEGISLATURE
OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. As
used in sections 6 and 7 of this act:
(1)
"Artesian water" means bottled water from a well tapping a confined
aquifer in which the water level stands above the water table. "Artesian
water" shall meet the requirements of "natural water."
(2)
"Bottled water" means water that is placed in a sealed container or
package and is offered for sale for human consumption or other consumer uses.
(3)
"Carbonated water" or "sparkling water" means bottled water
containing carbon dioxide.
(4)
"Department" means the department of agriculture.
(5)
"Distilled water" means bottled water that has been produced by a
process of distillation and meets the definition of purified water in the most
recent edition of the United States Pharmacopeia.
(6)
"Drinking water" means bottled water obtained from an approved source
that has at minimum undergone treatment consisting of filtration, activated
carbon or particulate, and ozonization or an equivalent disinfection process,
or that meets the requirements of the federal safe drinking water act of 1974
as amended and complies with all department of health rules regarding drinking
water.
(7)
"Mineral water" means bottled water that contains not less than five
hundred parts per million total dissolved solids. "Natural mineral
water" shall meet the requirements of "natural water."
(8)
"Natural water" means bottled spring, mineral, artesian, or well
water that is derived from an underground formation and may be derived from a
public water system as defined in RCW 70.119A.020 only if that supply has a
single source such as an actual spring, artesian well, or pumped well, and has
not undergone any treatment that changes its original chemical makeup except
ozonization or an equivalent disinfection process.
(9)
"Plant operator" means a person who owns or operates a bottled water
plant.
(10)
"Purified water" means bottled water produced by distillation,
deionization, reverse osmosis, or other suitable process and that meets the
definition of purified water in the most recent edition of the United States
Pharmacopeia. Water that meets this definition and is vaporized, then
condensed, may be labeled "distilled water."
(11)
"Spring water" means water derived from an underground formation from
which water flows naturally to the surface of the earth. "Spring
water" shall meet the requirements of "natural water."
(12)
"Water dealer" means a person who imports bottled water or causes
bulk water to be transported for bottling for human consumption or other
consumer uses.
(13)
"Well water" means water from a hole bored, drilled, or otherwise
constructed in the ground that taps the water of an aquifer. "Well
water" shall meet the requirements of "natural water."
Sec.
2. RCW
69.04.008 and 1945 c 257 s 9 are each amended to read as follows:
The
term "food" means (1) articles used for food or drink for ((man))
people or other animals, (2) bottled water, (3) chewing gum, and
(((3))) (4) articles used for components of any such article.
Sec.
3. RCW
69.07.010 and 1991 c 137 s 2 are each amended to read as follows:
For
the purposes of this chapter:
(1)
"Department" means the department of agriculture of the state of
Washington;
(2)
"Director" means the director of the department;
(3)
"Food" means any substance used for food or drink by any person,
including ice, bottled water, and any ingredient used for components of
any such substance regardless of the quantity of such component;
(4)
"Sale" means selling, offering for sale, holding for sale, preparing
for sale, trading, bartering, offering a gift as an inducement for sale of, and
advertising for sale in any media;
(5)
"Food processing" means the handling or processing of any food in any
manner in preparation for sale for human consumption: PROVIDED, That it shall
not include fresh fruit or vegetables merely washed or trimmed while being
prepared or packaged for sale in their natural state;
(6)
"Food processing plant" includes but is not limited to any premises,
plant, establishment, building, room, area, facilities and the appurtenances
thereto, in whole or in part, where food is prepared, handled or processed in
any manner for distribution or sale for resale by retail outlets, restaurants,
and any such other facility selling or distributing to the ultimate consumer:
PROVIDED, That, as set forth herein, establishments processing foods in any
manner for resale shall be considered a food processing plant as to such
processing;
(7)
"Food service establishment" shall mean any fixed or mobile
restaurant, coffee shop, cafeteria, short order cafe, luncheonette, grill,
tearoom, sandwich shop, soda fountain, tavern, bar, cocktail lounge, night
club, roadside stand, industrial-feeding establishment, retail grocery, retail
food market, retail meat market, retail bakery, private, public, or nonprofit
organization routinely serving food, catering kitchen, commissary or similar
place in which food or drink is prepared for sale or for service on the
premises or elsewhere, and any other eating or drinking establishment or
operation where food is served or provided for the public with or without
charge.
For
the purpose of this chapter any custom cannery or processing plant where raw
food products, food, or food products are processed for the owner thereof, or
the food processing facilities are made available to the owners or persons in
control of raw food products or food or food products for processing in any
manner, shall be considered to be food processing plants;
(8)
"Person" means an individual, partnership, corporation, or
association.
Sec.
4. RCW
43.20.050 and 1989 1st ex.s. c 9 s 210 and 1989 c 207 s 1 are each reenacted
and amended to read as follows:
(1)
The state board of health shall provide a forum for the development of health
policy in Washington state. It is authorized to recommend to the secretary
means for obtaining appropriate citizen and professional involvement in all
health policy formulation and other matters related to the powers and duties of
the department. It is further empowered to hold hearings and explore ways to
improve the health status of the citizenry.
(a) At
least every five years, the state board shall convene regional forums to gather
citizen input on health issues.
(b)
Every two years, in coordination with the development of the state biennial
budget, the state board shall prepare the state health report that outlines the
health priorities of the ensuing biennium. The report shall:
(i)
Consider the citizen input gathered at the health forums;
(ii)
Be developed with the assistance of local health departments;
(iii)
Be based on the best available information collected and reviewed according to
RCW 43.70.050 and recommendations from the council;
(iv)
Be developed with the input of state health care agencies. At least the
following directors of state agencies shall provide timely recommendations to
the state board on suggested health priorities for the ensuing biennium: The
secretary of social and health services, the health care authority
administrator, the insurance commissioner, the administrator of the basic
health plan, the superintendent of public instruction, the director of labor
and industries, the director of ecology, and the director of agriculture;
(v) Be
used by state health care agency administrators in preparing proposed agency
budgets and executive request legislation;
(vi)
Be submitted by the state board to the governor by June 1 of each even-numbered
year for adoption by the governor. The governor, no later than September 1 of
that year, shall approve, modify, or disapprove the state health report.
(c) In
fulfilling its responsibilities under this subsection, the state board shall
create ad hoc committees or other such committees of limited duration as necessary.
Membership should include legislators, providers, consumers, bioethicists,
medical economics experts, legal experts, purchasers, and insurers, as
necessary.
(2) In
order to protect public health, the state board of health shall:
(a)
Adopt rules ((and regulations)) necessary to assure safe and reliable
public drinking water and to protect the public health. Such rules ((and
regulations)) shall establish requirements regarding:
(i)
The design and construction of public water system facilities, including proper
sizing of pipes and storage for the number and type of customers;
(ii)
Drinking water quality standards, monitoring requirements, and laboratory
certification requirements;
(iii)
Public water system management and reporting requirements;
(iv)
Public water system planning and emergency response requirements;
(v)
Public water system operation and maintenance requirements; ((and))
(vi)
Water quality, reliability, and management of existing but inadequate public
water systems; and
(vii)
Quality standards for the source or supply, or both source and supply, of water
for bottled water plants.
(b)
Adopt rules ((and regulations)) and standards for prevention, control,
and abatement of health hazards and nuisances related to the disposal of wastes,
solid and liquid, including but not limited to sewage, garbage, refuse, and
other environmental contaminants; adopt standards and procedures governing the
design, construction, and operation of sewage, garbage, refuse and other solid
waste collection, treatment, and disposal facilities;
(c)
Adopt rules ((and regulations)) controlling public health related to
environmental conditions including but not limited to heating, lighting,
ventilation, sanitary facilities, cleanliness and space in all types of public
facilities including but not limited to food service establishments, schools,
institutions, recreational facilities and transient accommodations and in
places of work;
(d)
Adopt rules ((and regulations)) for the imposition and use of isolation
and quarantine;
(e)
Adopt rules ((and regulations)) for the prevention and control of
infectious and noninfectious diseases, including food and vector borne illness,
and rules ((and regulations)) governing the receipt and conveyance of
remains of deceased persons, and such other sanitary matters as admit of and
may best be controlled by universal rule; and
(f)
Adopt rules for accessing existing data bases for the purposes of performing
health related research.
(3)
The state board may delegate any of its rule-adopting authority to the
secretary and rescind such delegated authority.
(4)
All local boards of health, health authorities and officials, officers of state
institutions, police officers, sheriffs, constables, and all other officers and
employees of the state, or any county, city, or township thereof, shall enforce
all rules ((and regulations)) adopted by the state board of health. In
the event of failure or refusal on the part of any member of such boards or any
other official or person mentioned in this section to so act, he shall be
subject to a fine of not less than fifty dollars, upon first conviction, and
not less than one hundred dollars upon second conviction.
(5)
The state board may advise the secretary on health policy issues pertaining to the
department of health and the state.
NEW
SECTION. Sec. 5. A new
section is added to chapter 70.119A RCW to read as follows:
In
such cases where a bottled water plant operator or water dealer knows or has
reason to believe that a contaminant is present in the source water because of
spill, release of a hazardous substance, or otherwise, and the contaminant's
presence would create a potential health hazard to consumers, the plant
operator or water dealer must report such an occurrence to the state's
department of health.
NEW
SECTION. Sec. 6. All
bottled water must conform to applicable federal and state labeling laws and be
labeled in compliance with the following standards:
(1)
Mineral water may be labeled "mineral water." Bottled water to which
minerals are added shall be labeled so as to disclose that minerals are added,
and may not be labeled "natural mineral water."
(2)
Spring water may be labeled "spring water" or "natural spring
water."
(3)
Water containing carbon dioxide that emerges from the source and is bottled
directly with its entrapped gas or from which the gas is mechanically separated
and later reintroduced at a level not higher than naturally occurring in the
water may bear on its label the words "naturally carbonated" or
"naturally sparkling."
(4)
Bottled water that contains carbon dioxide other than that naturally occurring
in the source of the product shall be labeled with the words
"carbonated," "carbonation added," or "sparkling"
if the carbonation is obtained from a natural or manufactured source.
(5)
Well water may be labeled "well water" or "natural well
water."
(6)
Artesian water may be labeled "artesian water" or "natural
artesian water."
(7)
Purified water may be labeled "purified water" and the method of
preparation shall be stated on the label, except that purified water produced
by distillation may be labeled as "distilled water."
(8)
Drinking water may be labeled "drinking water."
(9)
The use of the word "spring," or any derivative of "spring"
other than in a trademark, trade name, or company name, to describe water that
is not spring water is prohibited.
(10) A
product meeting more than one of the definitions in section 1 of this act may
be identified by any of the applicable product types defined in section 1 of
this act, except where otherwise specifically prohibited.
(11)
Supplemental printed information and graphics may appear on the label but shall
not imply properties of the product or preparation methods that are not
factual.
NEW
SECTION. Sec. 7. Bottled
soft drinks, soda, or seltzer products commonly recognized as soft drinks and
identified on the product identity panel with a common or usual name other than
one of those specified in section 1 of this act are exempt from the
requirements of section 6 of this act. Water that is not in compliance with
the requirements of section 6 of this act may not be identified, labeled, or
advertised as "artesian water," "bottled water,"
"distilled water," "natural water," "purified
water," "spring water," or "well water."
NEW
SECTION. Sec. 8. Sections
1, 6, and 7 of this act are each added to chapter 69.07 RCW.
NEW
SECTION. Sec. 9. If
any provision of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of the provision to
other persons or circumstances is not affected.
