Out-of-State Bottled Water
Definition and Bottle Size Requirements/Regulations
Bottled Water System — A public water system (PWS) which provides water for bottling in sealed bottles or other sealed containers. The term includes, but is not limited to, the sources of water and treatment, storage, bottling, manufacturing, and distribution facilities. The term does not include a public water system which only provides a source of water supply for a bottled water system and also excludes an entity providing only transportation, distribution, or sale of bottled water in sealed bottles or other sealed containers.
To sell bottled water products in Pennsylvania, a bottled water system must first obtain a permit from the DEP if that bottled water system sells bottles in sizes of
one half gallon or larger. If the bottled water system is subject to the permit requirements of
Title 25 Pa. Code § 109.1005, all of the bottled water products the system produces will need to be covered under that permit, regardless of the volume or size of the container.
Additionally, products that the DEP does not considered bottled water (e.g., carbonated waters, flavored waters, soft drinks, etc.) cannot include the Permit ID#.
Applicants requesting to sell elevated pH water shall guarantee that no water over a pH of 10.2 will be sold in Pennsylvania.
Chemicals added to the bottled water product must be NSF 60 certified or pharmaceutical grade. These certifications must be included in the permit application.
For a detailed explanation of the rules and regulations for bottled water systems, please see the
Public Water Supply Manual, Part III: Design Standards for Bottled Water, Bulk Water Hauling, Water Vending Machines, and Retail Water Facilities (383-2126-303).
Permit Submission Requirements (Can be found in
Module 16B)
All application packages for an Out of State bottled water system permit
must contain, at a minimum:
-
Module 16B: Out of State Bottled Water (3900 PM BSDW0077B)
-
Public Water Supply Permit Application (3900 PM BSDW0002)
- Permit fee (amount varies) payable to the “Commonwealth of Pennsylvania”
- Operations and Maintenance plan which addresses each item in
Section 109.1008(b) of the DEP’s Safe Drinking Water Regulations.
- An Emergency Response Plan which outlines the recall procedures and process for notifying DEP under
Sections 109.701(a)(iii) and
109.1008(e)
- Proof of compliance with the standards of the Food and Drug Administration contained in
21 CFR Part 129. Third party certification from a nationally recognized organization such as NSF International is acceptable.
- The sample results from an analysis (conducted by a laboratory accredited by DEP) showing the quality of the
manufactured water for each bottled water product to be sold in Pennsylvania for all contaminants outlined in the Pennsylvania Maximum Contaminant Levels List.
- Complete and include
Attachment A: Primary and Secondary Contaminants MCLs and MRDLs: Manufactured Water for all contaminants.
- Also include the actual results from the lab the PWS used to complete
Attachment A.
- Documentation (e.g. email, letter, etc.) that the monitoring requirements of
Sections 109.1003(a)(1)(i),
109.1003(c), and
109.1303(a) can be completed by a Pennsylvania accredited laboratory within the required timeframes.
- Copies of each label which will be affixed to each bottled water product as described in
Section 109.1007 of the Safe Drinking Water Regulations.
- Proof of PWS approval by the agency having jurisdiction over drinking water in the state the bottled water is being manufactured state.
The DEP accepts Out-Of-State Bottled Water Applications via public upload including electronic payments. The fee must be paid online at the time of submission through the
Public Upload site.
Users will first be asked whether they are resubmitting a form that was previously submitted to the DEP and requires an update. For all new submissions, select “No” and click Continue.
The applicant’s information should be provided under the “Submitter Information” header.
For Out-Of-State Bottled Water, users should select “Safe Drinking Water SDW” from the drop-down menu next to “Filter Submission Types by Program (optional)” then select “Out-Of-State Bottled Water Permit Application”.
If your system has a PWSID No., please enter it in the “Permit#/Project#” box.
Provide the EIN No. for the facility the water system serves in “Applicant EIN” box.
Enter the address of the facility as listed on the application under the “Project Address” header.
Select “Add County/Municipality/Region” and select the County and Municipality in which the project is located from the drop-down menus. Check the box next to Primary to indicate if this is the primary County and Municipality for the project.
The Region/District office will automatically populate based on the County when out-of-state is selected. The submittal will be sent to the central offices(s) listed.
For additional information, please send an email to
RA-EPOSBWBSDWPermits@pa.gov.