WILLIAM DONALD SCHAEFER, Governor                            Ch. 316

(1) BE OBTAINED FROM AN APPROVED SOURCE; AND

(2) UNDERGO:

(I) OZONATION OR AN EQUIVALENT DISINFECTION PROCESS
APPROVED BY THE DEPARTMENT; AND

(II) WHEN REQUIRED BY THE DEPARTMENT, FILTRATION OR ANY
OTHER TREATMENT THAT IS NECESSARY FOR THE WATER TO COMPLY WITH THE
STANDARDS ADOPTED BY THE DEPARTMENT UNDER § 21-336(E)(1)(II) OF THIS
SUBTITLE.

(B) THE DEPARTMENT MAY GRANT TO A BOTTLER A WAIVER OF THE
FILTRATION AND GERMICIDAL DISINFECTION TREATMENT REQUIRED UNDER §
21 336 OF THIS SUBTITLE SUBSECTION (A) OF THIS SECTION IF THE DEPARTMENT IS
SATISFIED THAT THE FILTRATION AND GERMICIDAL DISINFECTION TREATMENT
ARE NOT NECESSARY TO ASSURE THAT A BOTTLED WATER PRODUCT WILL
CONSISTENTLY COMPLY WITH THE MICROBIOLOGICAL STANDARDS UNDER THIS
SUBTITLE.

(B) (C) (1) BASED ON THE BOTTLER'S DEMONSTRATION OF LONG-TERM
BASELINE MICROBIOLOGICAL DATA THAT MONITORS THE SOURCE AND THE
PRODUCT, THE NATURE AND EXTENT OF SOURCE MONITORING, AND SOURCE
PROTECTION AND BOTTLING SANITATION PROCEDURES INSTITUTED BY THE
BOTTLER, A WAIVER MAY BE GRANTED IF:

(I)       THE PRODUCT AND SOURCE ARE IN COMPLIANCE WITH THE
CODEX ALIMENTARIUS STANDARD FOR NATURAL MINERAL WATER, CAC/RS 108, AS
AMENDED, AND THE REQUIREMENTS UNDER § 21-336 (A)(2) AND (E) OF THIS
SUBTITLE;

(II)     THE PRODUCT AND SOURCE ARE IN COMPLIANCE WITH THE
CODE OF HYGIENIC PRACTICE OF THE CODEX ALIMENTARIUS, ALINORM 83/13A, AS
AMENDED, FOR THE COLLECTION, PROCESSING, AND MARKETING OF NATURAL
MINERAL WATER; AND

(III)    THE BOTTLER HAS SUBMITTED A BASIC HYDROGEOLOGICAL
SURVEY OF THE SOURCE, A HYDROGEOLOGICAL ASSESSMENT THAT
DEMONSTRATES THAT THE SOURCE IS NOT UNDER THE DIRECT INFLUENCE OF
SURFACE WATER, AND AN ANNUAL SANITARY SURVEY, BOTH ALL OF WHICH HAVE
BEEN PREPARED BY A PROFESSIONALLY QUALIFIED HYDROGEOLOGIST AND
WHICH DEMONSTRATE THE INTEGRITY OF THE SOURCE.

(2) THE ANNUAL SANITARY SURVEY REQUIRED UNDER PARAGRAPH
(1)(III) OF THIS SUBSECTION SHALL INCLUDE:

(I) WATERSHED SURVEILLANCE THAT INCLUDES AN INSPECTION
OF THOSE PORTIONS OF THE DRAINAGE AREA NECESSARY TO IDENTIFY AND
EVALUATE ACTUAL AND PROBABLE SOURCES OF CONTAMINATION;

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