1. (a) Any device from which any operator or consumer dispenses unit servings of water in bulk must comply with Title 21, Code of Federal Regulations, §129.40, Equipment and Procedures and §165.110, Requirements for Specific Standardized Beverages. Section 129.40 the provision pertaining to the cleaning, sanitizing, filling, and capping or sealing of containers shall not apply to containers furnished by the consumer.

2. (b) Vending machine requirements are as follows.

   1. (1) Water dispensed from a vending machine must comply with Title 21, Code of Federal Regulations, §165.110, Requirements for Specific Standardized Beverages.

   2. (2) Vending machines shall:

      1. (A) be designed and constructed to permit easy cleaning, sanitization, and maintenance of all exterior and interior surfaces and component parts;
      2. (B) have all parts and surfaces which come into contact with the water constructed of approved, corrosion-resistant, and nonabsorbent material capable of withstanding repeated cleaning and sanitizing treatment;
      3. (C) have a recessed or guarded corrosion-resistant dispensing spout;
      4. (D) be designed so all treatment of the vended water by distillation, ion-exchange, filtration, ultraviolet light, reverse osmosis, mineral addition, or any other acceptable process is done in an effective manner;
      5. (E) have an effective system of collection and handling of drip, spillage, and overflow of water;
      6. (F) have a backflow prevention device approved by the department or local authority for all connections with the water supply;
      7. (G) disinfect vended water by ultraviolet light or other method approved by the department immediately prior to delivery into the customer's container;
      8. (H) be equipped with monitoring devices designed to shut down operation of the machine when the disinfection unit fails to function;
      9. (I) be equipped with a self-closing, tightfitting door on the vending compartment;
      10. (J) comply with the American Water Works Association (AWWA) specifications for granular activated carbon if used in the treatment of potable water (AWWA B604-74);
      11. (K) be maintained in a clean and sanitary condition and be free from dirt and vermin;
      12. (L) be located in an area that can be maintained in clean condition and in a manner that avoids insect and rodent harborage; and
      13. (M) display in a position clearly visible to customers, the following information: the name and address of the operator; a statement to the effect that the water is obtained from an approved water source and a local or toll free telephone number that may be called for further information, service, or complaints.

3. (c) Service, sampling and records should meet the following requirements.

   1. (1) All parts and surfaces of the water vending machine shall be maintained in clean condition by the water vending machine operator. The vending chamber and vending nozzle shall be cleaned and sanitized each time the machine is serviced; whereas, all surfaces in contact with the vended water shall be maintained as a deposit free, visibly clean system. A record of cleaning and maintenance operations shall be kept by the operator for each water vending machine for a period of two years and be available for inspection upon request.
   2. (2) The vended water from each water vending machine shall be analyzed a minimum of once every month for bacteriological purposes and if required by the department, shall also be analyzed for other physical, chemical, or microbiological parameters. All records shall be maintained for a period of two years. The analysis shall be performed by a laboratory acceptable to the department to perform drinking water analyses, and a copy of the analysis shall be available for inspection.
   3. (3) Each person operating a water vending machine shall maintain a written maintenance program. The written maintenance program shall include written servicing instructions for the operator; technical manuals for the machine and water treatment appurtenances involved; and records of service visits. The written maintenance program shall be available for inspection by the department.
   4. (4) The water vending machine operator shall clean and perform servicing of the water vending machine a minimum of once per month, or more frequently as required by the manufacturer of the water vending equipment.

   5. (5) Methods of testing for maximum contaminant levels (MCLs) for microbiological contaminants in water dispensed from vending machines shall be performed as follows.

      1. (A) If a sample submitted during a month is total coliform positive, the operator shall service the vending machine including the cleaning and sanitizing of all product storage and contact surfaces. The operator shall submit one sample per day, to a laboratory acceptable to the department, during a four consecutive-day period for bacteriologic testing.
      2. (B) If a sample submitted during a month is invalidated or reported as unsuitable for analysis, the operator must submit one sample per day, to a laboratory acceptable to the department, during a two consecutive-day period for bacteriologic testing.

Source Note:The provisions of this §229.86 adopted to be effective September 12, 1988, 13 TexReg 4336; amended to be effective November 19, 1996, 21 TexReg 11371.