A.  A bottled water product may be granted a waiver from filtration and germicidal treatment by the department.  A waiver shall be based on the bottler’s demonstration to the department’s satisfaction that, based on review of long term baseline microbiological monitoring data of the source and product, and consideration of the nature and extent of source monitoring, source protection, and bottling sanitation procedures instituted by the bottler, filtration and germicidal treatment are not necessary to assure that the product will consistently comply with the microbiological standards herein.  A waiver may be granted and maintained only upon a demonstration of all of the following:

(1)  That said bottled water product and source are in compliance with the Codex Alimentarius standard (CAC/AS 108) for natural mineral water, as amended, and the requirements of La. Rev. Stat. 40:733.  

(2)  That said bottled water product and source are in compliance with the code of hygienic practice for the collecting, processing, and marketing of natural mineral water of the Codex Alimentarius, Alinorm 83/13A, as amended.  

(3)  That the bottler has submitted a basic hydrogeological survey of the source and an annual sanitary survey, both prepared by a professionally qualified hydrogeologist, demonstrating the integrity of the source, which sanitary survey shall include:

(a)  Watershed surveillance consisting of an inspection of portions of the drainage area necessary to identify and evaluate actual and probable sources of contamination.  

(b)  Evaluation of source construction and protection and where appropriate, intake structures, and transmission facilities.  

(c)  Evaluation of finished water storage facilities.  

(4)  That continued compliance of the bottled water product and source with the Codex Alimentarius standards is demonstrated by an official testing performed once every two months by the authorities having jurisdiction, and by a weekly microbiological testing as described in the code of hygienic practices for the collecting, processing, and marketing of natural mineral water of the Codex Alimentarius, Alinorm 85/13A, and by an annual inspection by an independent organization acceptable to the department demonstrating compliance with the code of hygienic practices for the collecting, processing, and marketing of natural mineral water of the Codex Alimentarius, Alinorm 85/13A.  

(5)  That said bottled water product is bottled in an enclosed filling room/chamber that is under positive pressure of filtered purified air, and using facilities and good manufacturing practices that comply with the requirements of 21 C.F.R. part 129.  

B.  This exemption to the requirement for filtration and germicidal treatment for said bottled water product shall be renewed every year by the submission of an annual report establishing compliance with the microbiological standards described in 21 C.F.R. § 103.35 and the requirements of this Section pertaining to said water and source.  Bottled water that is not in compliance with any of such requirements shall be subject to the requirement for filtration and germicidal treatment.  

C.  This exemption applies only to the requirement for filtration and germicidal treatment.  All bottled water shall comply with all other provisions of this Part.  

Acts 1991, No. 623, §1.