1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Approved source” has the meaning stated in Health-General Article, §21-336(a), Annotated Code of Maryland.
   2. (2) “Approving authority” means the agency designated in the laws of another state or country to license or permit a source water, public water supply system, or bottled water plant if that source water, public water supply system, or bottled water plant is located outside the State.
   3. (3) “Aquifer” means a formation of soil, sand, rock, gravel, limestone, sandstone, or other geologic material that contains ground water available for collection.
   4. (4) “Artesian water” means the product that meets the standard of identity as set forth in 21 CFR §165.110(a)(2)(i).
   5. (5) “Borehole” means a well tapped into an aquifer for the purpose of removing water from the aquifer for bottling or dispensing.

   6. (6) Bottled Water.

      1. (a) “Bottled water” means:

         1. (i) Any water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water; and
         2. (ii) The product that meets the standards of identity set forth at 21 CFR §165.110(a).

      2. (b) “Bottled water” does not include:

         1. (i) Soft drinks; and
         2. (ii) A beverage labeled as club soda or seltzer water.

   7. (7) “Bottled water plant” means a food processing plant that:

      1. (a) Manufactures, packages, or labels bottled water; or
      2. (b) Stores water before bottling.

   8. (8) “Certified laboratory” means a laboratory certified by:

      1. (a) A state's laboratory certification program in accordance with the United States Environmental Protection Agency's primacy conditions under the Agency's Public Water System Supervision Program;
      2. (b) The National Environmental Laboratory Accreditation Program; or
      3. (c) The United States Environmental Protection Agency.

   9. (9) “Community water system” means a public water supply system that:

      1. (a) Services at least 15 service connections used by year-round residents; or
      2. (b) Regularly serves at least 25 residents throughout the year.
   10. (10) “Contaminant” means a physical, chemical, biological, or radiological substance or matter in water.
   11. (11) “Department” means the Maryland Department of Health or the Department's designee.
   12. (12) “Drinking water” means water that is intended for human consumption.
   13. (13) “Finished product water” means drinking water in the form in which it is provided to the consumer.
   14. (14) “Ground water” means water from a subsurface saturated zone that is under a pressure equal to or greater than atmospheric pressure.

   15. (15) “Ground water under the direct influence of surface water” means ground water with:

       1. (a) Significant occurrence of insects and other macroorganisms, algae, or other large diameter pathogens such as Giardia lamblia or Cryptosporidium; or
       2. (b) Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH that closely correlate to climatological or surface water conditions.
   16. (16) “Mineral water” means the product that meets the standard of identity set forth in 21 CFR §165.110(a)(2)(iii).
   17. (17) “Person-in-charge” means a licensee or other individual responsible for the operation of a bottled water plant.

   18. (18) Public Water Supply System.

       1. (a) “Public water supply system” means a system providing piped water to the public for human consumption, if the system:

          1. (i) Has at least 15 service connections; or
          2. (ii) Regularly serves an average of 25 individuals daily at least 60 days out of the year.

       2. (b) “Public water supply system” includes a collection, treatment, storage, and distribution facility that is:

          1. (i) Under the control of the operator of the system and used primarily in conjunction with the system; and
          2. (ii) A collection or pretreatment storage facility not under the control of the operator of the system that is used primarily in connection with the system.
       3. (c) “Public water supply system” does not include a special irrigation district.
   19. (19) “Source water” means the water that is processed into finished product water.
   20. (20) “Spring” means a source of water issuing naturally from the ground, a rock formation, or a fracture onto the land or into a body of water.
   21. (21) “Spring water” means the product that meets the standard of identity set forth in 21 CFR §165.110(a)(2)(vi).
   22. (22) “Statement of acceptability” means the approval issued by the approving authority in a state or country in which the water is collected that demonstrates that a source water quality and a method of handling the water pose no threat to the public health.
   23. (23) “Type of water” means a product that meets one of the standards of identity set forth in 21 CFR §165.110(a)(2).
   24. (24) “Waiver of filtration and disinfection” means written approval from the Department that allows a person to bottle water without filtering and disinfecting the water to exclude and kill microorganisms.

   25. (25) “Well” means a hole made in the ground to:

       1. (a) Explore for ground water;
       2. (b) Obtain or monitor ground water; or
       3. (c) Inject water into an underground formation from which ground water can be produced.

Authority: Health-General Article, §§18-102, 21-211, 21-234, 21-304, 21-305, 21-306, 21-334, 21-336, and 21-336.1, Annotated Code of Maryland

Effective date: March 23, 2009 (36:6 Md. R. 491)