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TITLE 25HEALTH SERVICES
PART 1DEPARTMENT OF STATE HEALTH SERVICES
CHAPTER 229FOOD AND DRUG
SUBCHAPTER FPRODUCTION, PROCESSING, AND DISTRIBUTION OF BOTTLED AND VENDED DRINKING WATER
RULE §229.85Labeling and Advertising

(a) Claims of medicinal and health-giving properties shall not be placed on labels and references shall not be made to bacterial purity or to laboratory examinations which may have been made by department laboratories.

(b) The label must state the source of all artesian water, spring water, mineral water, well water, or drinking water sold. Source refers to the point of origin. Examples: Brook Hollow Spring Water from Buck Hollow, Arkansas; drinking water obtained from Austin municipal water supply, Austin, Texas; well water from Bandera, Texas. Except that water processed by distillation, deionization, reverse osmosis, or other suitable process that alters the water's physical properties enabling it to meet the definition of purified as defined in §229.81(c)(11) of this title (relating to General Provisions) is not required to state the source. This exception only applies if all the water used in the finished product is processed to meet the definition of purified.

(c) Other label statements.

  (1) If the Total Dissolved Solids (TDS) content of Mineral water is below 500 ppm, or if it is greater than 1,500 ppm, the statement "low mineral content" or the statement "high mineral content," respectively, shall appear on the principal display panel following the statement of identity in type size at least one-half the size of the statement of identity but in no case less that one-sixteenth of an inch. If the TDS of mineral water is between 500 and 1,500 ppm, no additional statement need appear.

  (2) When the label or labeling of a bottled water product states or implies (e.g., through label statements or vignettes with reference to infants) that the bottled water is for use in feeding infants, and the product is not commercially sterile, the product label shall bear conspicuously and on the principal display panel the statement "Not sterile. Use as directed by physician or by labeling directions for use of infant formula."


Source Note: The provisions of this §229.85 adopted to be effective September 12, 1988, 13 TexReg 4336; amended to be effective November 19, 1996, 21 TexReg 11371; amended to be effective July 3, 2003, 28 TexReg 4908; amended to be effective June 4, 2006, 31 TexReg 4432

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