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FINAL REVISED POSITION STATEMENT Use of Bottled Water by Public Water

Systems (Revised July 16, 2004)

References: Section 410 of the Food, Drug, and Cosmetic Act; 40 CFR Section 141.101

ASDWA Position

It is the position of the Association of State Drinking Water Administrators (ASDWA) that

bottled water must meet all applicabledrinking water quality requirements established under

Section 1412 of the Safe Drinking Water Act as required by Section 410 of the Food, Drug, and

Cosmetic Act. It is further the position of ASDWA that such bottled water may be used under

certain limited circumstances by Public Water Systems.

1. Any bottled water not in compliance with primary drinking water quality standardsshould so indicate on its label. Bottled water should be labeled in such a way that

consumers can determine the source of supply; be aware of any exceedances of primary

drinking water quality standards; and know who to contact within the company for moreinformation.

2. Bottled water may be used on a short term, emergency basis as an alternative to watersupplied by a public drinking water system (PWS). Bottled water may also be used on a

longer term basis as determined by the state primacy agency, subject to applicable

Federal regulations and based on consideration of a variety of pertinent factors (see

background section). In either case, the bottled water should be provided by the PWS

and the PWS should ensure that it meets all applicable SDWA standards.

Rationale

In cases where the public water supply presents a unique risk, bottled water may be the most

appropriate short term solution for all or a portion of the water systems consumers. In such

cases, the public water system would notify the public, as required by the SDWA, of a violation

of a maximum contaminant level or other violation and take appropriate short term measures,

including, if appropriate, supplying bottled water. Thus, it is important that bottled water

provide equivalent public health protection to that of finished water from a public water supply

in compliance with all drinking water regulations.

Bottled water may also be an appropriate longer term solution for some water systems

(particularly small systems) in certain limited circumstances, as determined by the state primacy

agency and in conformance with 40 CFR Section 141.101 (which precludes bottled water as apermanent solution). State primacy agencies are best positioned to make these judgments, on a

case-by-case basis, in concert with the public water system. Bottled water should be regarded as

a tool in the toolbox of options that a state may consider in special circumstances and would

never be preferable to centrally-supplied water from a PWS that fully meets all Federal and state

regulatory requirements and is available at every tap.

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Background

The Food and Drug Administration is required to regulate the same contaminants in bottled

water that EPA regulates in public water supplies, unless the FDA makes a finding that such a

regulation is not necessary to protect public health. The standard of quality regulation for bottledwater is that it be "no less stringent" than the MCL established by a national primary drinking

water regulation, and the regulations must include appropriate monitoring requirements. (Section

410 of the Federal Food, Drug, and Cosmetic Act.)

Bottled water has some unique attributes that may make it particularly appropriate in certain

circumstances. Use of bottled water that meets all SDWA requirements could ensure that a

household or facility that may otherwise not have access to safe water has an approved drinking

water source in the house or facility. (e.g., day care facility that operates a non-transient non-

community water system and whose water source is high in nitrates). Bottled water dispensers

are relatively inexpensive, from the standpoint of both initial capital costs and maintenance

costs. Bottled water dispensers also eliminate the need for entry into a customers home or placeof business or the need to retrofit plumbing. Bottled water also obviates, or at least reduces, the

need for any additional sampling of water quality at the point of consumption.

Drawbacks to sustained use of bottled water are that, like point-of-use devices, only a single

source of potable water is provided in a household and bottled water does not protect against

adverse health effects from contaminants that present dermal exposure risks. Another

consideration is that bottled water needs to be regularly restocked, and any disruption in supply

would leave the consumer with no access to potable water. Further, handling of large bottled

water containers may not be feasible in some cases. Federal regulations (at 40 CFR 141.101)

presently preclude use of bottled water as a permanent solution for public water systems. Thus,

use of bottled water on a permanent basis would not be allowable unless Federal regulationswere changed.