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 applicable drinking 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 standards should 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 more information. 2. Bottled water may be used on a short term, emergency basis as an alternative to water supplied 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 a permanent 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.

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 bottled water 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 noncommunity 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 place of 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 regulations were changed.