SENATE, No. 145

SECTION 1. Chapter 94 of the General Laws is hereby amended by striking out sections 10A, 10B and 10C, as appearing in the 2004 Official Edition, and inserting in place thereof the following three sections:-

Section 10A. No person shall engage in the business of manufacturing or bottling water for human consumption without a permit to do so from the department of public health, and no person shall sell or exchange, deliver, advertise, or offer for sale or exchange, or attempt to deliver, or have in his possession with intent to do so, any such water unless the manufacturer and bottler thereof is the holder of a permit issued under the authority of section 10B and then in full force. The superior court shall have jurisdiction to enjoin any violation of this section or to take such other action as equity and justice may require.

Section 10B. The department of public health may grant permits to any person engaged in the business of manufacturing or bottling of water, and said department may grant permits to the owners of plants for the manufacture or bottling of such water located without the commonwealth to sell such water within the commonwealth. Such permits shall apply only to one such plant and shall be valid throughout the commonwealth. Each permit shall expire two years from the date of issue. The fee for each permit and for each biennial renewal thereof shall be determined annually by the commissioner of administration under the provision of section 3B of chapter seven.

Section 10C. Subject to the requirements of chapter 30A, the department may refuse to issue or renew, suspend or revoke a permit described in section 10B if (1) any statement in the permit application or in any other documentation submitted to the department is determined to be false or misleading; (2) the applicant or permittee has been convicted of a crime relating to the manufacture, bottling, storage, distribution or sale of water, or relating to the processing, storage, distribution or sale of food; (3) the applicant or permittee has failed to comply with any applicable provision of this chapter or any applicable rule or regulation; or (4) the applicant or permittee refuses to admit representatives of the department at any reasonable time for purposes of inspection. The commissioner may, without a prior hearing, suspend a permit if he finds that such permittee is operating his business in a manner which is endangering or may cause imminent danger to the public health. In every case of suspension of a permit without a prior hearing, the permittee shall be promptly afforded an opportunity for such hearing.

SECTION 2. Chapter 94 is hereby further amended by striking out section 10D 1/2 and inserting in place thereof the following section:-

Section 10D 1/2. All persons permitted to manufacture, bottle or sell water for human consumption under section 10A or 10B shall, at least annually, cause to be tested by a laboratory certified as provided herein, the water contained in their finished products. If the water source or sources from which such products are derived is located within the commonwealth, the laboratory performing such tests shall be certified by the department of environmental protection to perform such tests for water quality purposes. If the water source or sources from which such products are derived is located without the commonwealth, the laboratory performing such tests shall be certified to perform such tests for water quality testing purposes by the appropriate agency within that state or jurisdiction wherein such laboratory is located. The testing for finished products shall include those physical, chemical, microbiological and radiological test parameters required by the department of environmental protection for the testing of public water supplies. The department of public health in consultation with the department of environmental protection may, from time to time, require by rule and regulation such additional tests as it deems necessary for the protection of the public health.

The department of public health shall require any person manufacturing, bottling or selling such products to test for physical, chemical and microbiological parameters at least annually, or more frequently as provided by regulations of the department. Said department shall require that radiological testing of the finished products be performed at least once every four years, or more frequently as provided by regulations of the department. Test results shall be submitted to the department annually, on a date specified by the department. Said department shall make available to the public, upon request, any test results so submitted upon payment of a reasonable fee.

SECTION 3. Section 10E of chapter 94 is hereby amended by striking out in lines 1 and 2, the words:- "and the local boards of health".

SECTION 4. Section 10E of chapter 94 is hereby further amended by inserting after the words "ten E 1/2." in line 3 the following sentence:-
Such rules and regulations may provide administrative penalties for the violation of any provision of sections 10A to 10E 1/2, inclusive, or of any rule or regulation promulgated hereunder, not to exceed $500 for any single violation. Each day that a violation continues shall constitute a separate violation.

SECTION 5. Chapter 94 is hereby further amended by striking out section 10E 1/2 and 10F and inserting in place thereof the following two sections:-

Section 10E 1/2. The department of public health shall establish rules and regulations for water standards and labeling requirements for finished bottled water products which meet, at a minimum, the labeling requirements and quality standards for such products set by the Federal Food and Drug Administration.
Section 10F. Whoever violates any provision of sections 10A to 10E 1/2, inclusive, or of any rule or regulation made thereunder, shall be punished for the first offense by a fine of not more than $500, and for a subsequent offense by a fine of not less than $500 nor more than $1000.