For the purposes of this part, the following terms are defined:

1. (1) "Approved laboratory" means a laboratory approved by the Department of Health;

2. (2)

   1. (A) "Approved source" means any source of water, whether it be a spring, artesian well, drilled well, municipal water system, or other source, and any water treatment devices or systems that have been inspected and found to be in compliance with:

      1. (i) The applicable portions of the Rules Pertaining to Public Water Systems, 20 CAR pt. 140; and
      2. (ii) Any other relevant rules and laws of the State of Arkansas.
   2. (B) The presence in the plant of current certificates or notifications of approval from the Department of Health constitutes evidence that the source has been approved;

3. (3)

   1. (A) "Artesian water" means bottled water from a well tapping a confined aquifer in which the water level stands above the water table.
   2. (B) "Artesian water" shall meet the requirements of "natural water";
4. (4) "Bottled drinking water" means all water which is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water;
5. (5) "Bottled water plant" or "plant" means any place or establishment in which bottled water is prepared for sale;
6. (6) "Carbonated water" or "sparkling water" means bottled water containing carbon dioxide;
7. (7) "Distilled water" means bottled water which 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;
8. (8) "Drinking water" means bottled water obtained from an approved source that has, at minimum, undergone treatment consisting of filtration (activated carbon or particulate) and ozonation or an equivalent disinfection process;

9. (9)

   1. (A) "Fluoridated water" means bottled water containing fluoride.
   2. (B) The label shall specify whether the fluoride is naturally occurring or added.

   3. (C) Any water which meets the definition of this paragraph shall:

      1. (i) Contain not less than eight-tenths milligrams (0.8 mg) per liter fluoride ion; and
      2. (ii) Otherwise comply with the United States Food and Drug Administration quality standards in 21 C.F.R. § 103.35(d)(2);
10. (10) "Lot" means a collection of primary containers or unit packages of the same size, type, and style produced under conditions as nearly uniform as possible and designated by a common container code or marking;

11. (11)

    1. (A) "Mineral water" means bottled water coming from an approved source tapped at one (1) or more boreholes or natural springs, originating from a geologically and physically protected underground water source.
    2. (B) Mineral water shall be clearly distinguishable from other types of water by its specific content of minerals and trace elements which, in the original state at the point of emergence, remain constant.
    3. (C) The total dissolved solids (TDS) of natural mineral water shall appear on a label of the bottle and be stated in milligrams per liter;
12. (12) "Multiservice containers" means containers intended for use more than one (1) time;

13. (13) "Natural water" means bottled spring, mineral, artesian, or well water which is:

    1. (A) Derived from an underground formation; and
    2. (B) Not derived from a municipal system or public water supply;

14. (14) "Nontoxic materials" means materials for product water contact surfaces utilized in the transporting, processing, storing, and packaging of bottled drinking water, which are free of substances which may:

    1. (A) Render the water injurious to health; or
    2. (B) Adversely affect the flavor, color, odor, or bacteriological quality of the water;

15. (15) "Operations water" means water which is delivered under pressure to a plant for:

    1. (A) Container washing;
    2. (B) Hand washing;
    3. (C) Plant and equipment cleanup; and
    4. (D) Other sanitary purposes;
16. (16) "Plant operator" means any person who owns or operates a bottled water plant;
17. (17) "Primary container" means the immediate container in which the product water is packaged;
18. (18) "Product water" means processed water used by a plant for bottled drinking water;

19. (19)

    1. (A) "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 Pharmacopoeia.
    2. (B) Water which meets the definition of this paragraph and is vaporized, then condensed, may be labeled "distilled water";
20. (20) "Shipping case" means a container in which one (1) or more primary containers of the product are held;
21. (21) "Single-service container" means a container intended for one-time use only;

22. (22)

    1. (A) "Spring water" means water derived from an underground formation from which water flows naturally to the surface of the earth.
    2. (B) "Spring water" shall meet the requirements of "natural water";
23. (23) "Unit package" means a standard commercial package of bottled drinking water, which may consist of one (1) or more containers;
24. (24) "Water dealer" means any person who imports bottled water or causes bulk water to be transported for bottling for human consumption or other consumer uses; and

25. (25)

    1. (A) "Well water" means water from a hole bored, drilled, or otherwise constructed in the ground which taps the water of an aquifer.
    2. (B) Well water shall meet the requirements of natural water.