(a) In-state bottled water plants.

1. (1) No bottled water plant shall be allowed to operate unless it has procured a food establishment permit from the Division of Environmental Health Protection of the Department of Health.

2. (2) Any bottled water plant may obtain a permit by:

   1. (A) Paying an annual permit fee as prescribed by law to the Department of Health; and
   2. (B) Meeting the requirements established by this part.

(b) Out-of-state bottled water plants.

1. (1) Any bottler of water that is not a resident of Arkansas shall obtain a permit from the division in order to sell its bottled water in Arkansas.

2. (2) The bottler shall submit to the department annually:

   1. (A) A bacteriological analysis conducted by a laboratory approved by the department;
   2. (B) A certificate of operation from the bottler's resident state; and
   3. (C) The appropriate permit fee as prescribed by law.
3. (3) The certificate of operation from the bottler's country or state of origin shall include evidence of compliance with the non-transient non-community portions of the National Drinking Water Regulations, 40 C.F.R. pt. 141.