[Code of Federal Regulations]
[Title 21, Volume 2]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 21CFR129.80]

[Page 286-287]
 
                        TITLE 21--FOOD AND DRUGS
 
CHAPTER I--FOOD AND DRUG ADMINISTRATION, DEPARTMENT OF HEALTH AND HUMAN 
                          SERVICES (CONTINUED)
 
PART 129_PROCESSING AND BOTTLING OF BOTTLED DRINKING WATER--Table of Contents
 
                Subpart E_Production and Process Controls
 
Sec.  129.80  Processes and controls.


    (a) Treatment of product water. All treatment of product water by 
distillation, ion-exchanging, filtration, ultraviolet treatment, reverse 
osmosis, carbonation, mineral addition, or any other process shall be 
done in a manner so as to be effective in accomplishing its intended 
purpose and in accordance with section 409 of the Federal Food, Drug, 
and Cosmetic Act. All such processes shall be performed in and by 
equipment and with substances which will not adulterate the bottled 
product. A record of the type and date of physical inspections of such 
equipment, conditions found, and the performance and effectiveness of 
such equipment shall be maintained by the plant. Product water samples 
shall be taken after processing and prior to bottling by the plant and 
analyzed as often as is necessary to assure uniformity and effectiveness 
of the processes performed by the plant. The methods of analysis shall 
be those approved by the government agency or agencies having 
jurisdiction.
    (b) Containers. (1) Multiservice primary containers shall be 
adequately cleaned, sanitized, and inspected just prior to being filled, 
capped, and sealed. Containers found to be unsanitary or defective by 
the inspection shall be reprocessed or discarded. All multiservice 
primary containers shall be washed, rinsed, and sanitized by mechanical 
washers or by any other method giving adequate sanitary results. 
Mechanical washers shall be inspected as often as is necessary to assure 
adequate performance. Records of physical maintenance, inspections and 
conditions found, and performance of the mechanical washer shall be 
maintained by the plant.
    (2) Multiservice shipping cases shall be maintained in such 
condition as to assure they will not contaminate the primary container 
or the product water. Adequate dry or wet cleaning procedures shall be 
performed as often as necessary to maintain the cases in satisfactory 
condition.
    (c) Cleaning and sanitizing solutions. Cleaning and sanitizing 
solutions utilized by the plant shall be sampled and tested by the plant 
as often as is necessary to assure adequate performance in the cleaning 
and sanitizing operations. Records of these tests shall be maintained by 
the plant.
    (d) Sanitizing operations. Sanitizing operations, including those 
performed by chemical means or by any other means such as circulation of 
live steam or hot water, shall be adequate to effect sanitization of the 
intended product water-contact surfaces and any other critical area. The 
plant should maintain a record of the intensity of the sanitizing agent 
and the time duration that the agent was in contact with the surface 
being sanitized. The following times and intensities shall be considered 
a minimum:
    (1) Steam in enclosed system: At least 170 [deg]F for at least 15 
minutes or at least 200 [deg]F for at least 5 minutes.
    (2) Hot water in enclosed system: At least 170 [deg]F for at least 
15 minutes or at least 200 [deg]F for at least 5 minutes.
    (3) Chemical sanitizers shall be equivalent in bactericidal action 
to a 2-minute exposure of 50 parts per million of available chlorine at 
57 [deg]F when used as an immersion or circulating solution. Chemical 
sanitizers applied as a spray or fog shall have as a minimum 100 parts 
per million of available chlorine at 57 [deg]F or its equivalent in 
bactericidal action.
    (4) 0.1 part per million ozone water solution in an enclosed system 
for at least 5 minutes.
    (5) When containers are sanitized using a substance other than one 
provided for in Sec.  178.1010 of this chapter, such substance shall be 
removed from the surface of the container by a rinsing procedure. The 
final rinse, prior to filling the container with product water, shall be 
performed with a disinfected water rinse free of pathogenic bacteria or 
by an additional sanitizing

[[Page 287]]

procedure equivalent in bactericidal action to that required in 
paragraph (d)(3) of this section.
    (e) Unit package production code. Each unit package from a batch or 
segment of a continuous production run of bottled drinking water shall 
be identified by a production code. The production code shall identify a 
particular batch or segment of a continuous production run and the day 
produced. The plant shall record and maintain information as to the kind 
of product, volume produced, date produced, lot code used, and the 
distribution of the finished product to wholesale and retail outlets.
    (f) Filling, capping, or sealing. During the process of filling, 
capping or sealing either single-service or multiservice containers, the 
performance of the filler, capper or sealer shall be monitored and the 
filled containers visually or electronically inspected to assure they 
are sound, properly capped or sealed, and coded and labeled. Containers 
which are not satisfactory shall be reprocessed or rejected. Only 
nontoxic containers and closures shall be used. All containers and 
closures shall be sampled and inspected to ascertain that they are free 
from contamination. At least once each 3 months, a bacteriological swab 
and/or rinse count should be made from at least four containers and 
closures selected just prior to filling and sealing. No more than one of 
the four samples may exceed more than one bacteria per milliliter of 
capacity or one colony per square centimeter of surface area. All 
samples shall be free of coliform organisms. The procedure and apparatus 
for these bacteriological tests shall be in conformance with those 
recognized by the government agency or agencies having jurisdiction. 
Tests shall be performed either by qualified plant personnel or a 
competent commercial laboratory.
    (g) Compliance procedures. A quality standard for bottled drinking 
water is established in Sec.  165.110(b) of this chapter. To assure that 
the plant's production of bottled drinking water complies with the 
applicable standards, laws, and regulations of the government agency or 
agencies having jurisdiction, the plant will analyze product samples as 
follows:
    (1) For bacteriological purposes, take and analyze at least once a 
week a representative sample from a batch or segment of a continuous 
production run for each type of bottled drinking water produced during a 
day's production. The representative sample shall consist of primary 
containers of product or unit packages of product.
    (2) For chemical, physical, and radiological purposes, take and 
analyze at least annually a representative sample from a batch or 
segment of a continuous production run for each type of bottled drinking 
water produced during a day's production. The representtive sample(s) 
consists of primary containers of product of unit packages of product.
    (3) Analyze such samples by methods approved by the government 
agency or agencies having jurisdiction. The plant shall maintain records 
of date of sampling, type of product sampled, production code, and 
results of the analysis.
    (h) Record retention. All records required by Sec. Sec.  129.1, 
129.20, 129.35, 129.37, 129.40, and 129.80 shall be maintained at the 
plant for not less than 2 years. Plants shall also retain, on file at 
the plant, current certificates or notifications of approval issued by 
the government agency or agencies approving the plant's source and 
supply of product water and operations water. All required documents 
shall be available for official review at reasonable times.

[42 FR 14355, Mar. 15, 1977, as amended at 44 FR 12175, Mar, 6, 1979; 60 
FR 57124, Nov. 13, 1995]