La. Admin. Code tit. 49 § I-405

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-405 - Permits [Formerly 49:2.1220]

A. Each person desiring to operate a water vending machine in Louisiana shall, prior to such operation, apply to the State Health Officer for a perm it.

B. Any application for a permit shall be on a form as prescribed by the State Health Officer and shall contain the following:

1. name and principal address of the applicant;

2. address of the proposed water vending machine location. A separate application for permit must be filed for each water vending machine location.

3. signature of a responsible officer of the firm and his/her title;

4. any additional information needed for the orderly maintenance of records and data processing requirements;

5. the model number or name of the water vending machine;

6. evidence with respect to each model of machine intended to be used, that:

a. said model complies with the construction standards of the National Sanitation Foundation (NSF) and/or the National Automated Merchandising Association (NAM A). Such standards are available from the National Sanitation Foundation, 3475 Plymouth Rd., Ann Arbor, Michigan 48105 and/or the National Automated Merchandising Association, 7 S. Dearborn St. Chicago, Illinois 60603;

b. all exterior and interior surfaces and component parts of said machine are designed and constructed to permit easy cleaning and maintenance;

c. all parts and surfaces of said machine with which the water comes into contact are non-toxic, corrosion resistant, non-absorbent material capable of withstanding repeated cleaning and sanitizing treatment.

d. said machine has a recessed or guarded corrosion resistant dispensing spout;

e. all treatment of the vended water by distillation, ion-exchange filtration, ultraviolet light, reverse osmosis, mineral addition or any other process is done in a manner so as to accomplish its intended purpose of purifying water;

f all vending machines are located in an area that can be maintained in clean condition and in a manner that avoids insect and rodent harborage.

g. the source of water supply is from a community water supply approved by the State Health Officer as defined in the State Sanitary Code, Sect. 8.1;

h. all machines have a system of collection and handling of drip, spillage and overflow of water;

i. all connections with the public water supply have a backflow prevention device approved by the State Health Officer;

j. all vending machines display, in a position clearly visible to customers, the following information: the name, license number and address of the operator, the fact that the water is obtained from a public water supply, a statement describing the treatment process; if no treatment process is utilized, then a statement to that fact, chemical names and concentrations of any preservatives or additives and a local telephone number than may be called for further information, service or complaints;

k. prior to delivery into the customer's container, water vended by the machine is disinfected by ultraviolet light or other method approved by the Health Officer;

l. all water vending machines are equipped with monitoring devices designed to shut down operation of the machine when the disinfection unit fails to function;

m. all vending machines are equipped with a self-closing, tight-fitting door on the vending compartment;

n. no vended water is described on a machine or elsewhere as "spring water" or "purified water" unless such water conforms to the definition contained in this Part.

o. activated carbon, if used, complies with the American Water Works Association (A WW A) specifications for granular, activated carbon used in the treatment of potable water (A WWA B 604-74);

p. all vending machines are maintained in a clean and sanitary condition, free from dirt and vermin.

C. Evidence that the person applying for permit has:

1. a competent and responsible staff approved by the State Health Officer for the local supervision of the operation of the machines. Competent staff shall be construed to mean a person or persons with at least one year's experience concerning the proper operation of the type of water vending machine they will operate. (Or similar training or experience in this or related operations);

2. an acceptable maintenance program for the routine servicing of water vending machines. The program shall include written servicing instructions for the operator, technical manuals of the machine and of the water treatment appurtences involved and regularly scheduled service visits;

D. Issuance of Permit. The state health officer, after a reasonable period of time, shall either grant or deny an applicant a permit.

E. Permit revocation and cancellation. Each permit issued in accordance with the provisions of this Part, shall be for a period of one year and shall remain if force and effect for that period unless terminated, revoked or cancelled upon due notice and hearing.

F Fees. Each person applying for a permit to operate a water vending machine within Louisiana shall pay an initial and an annual permit fee of $100 (Reference LSA R.S. 40:701.1, Act No. 125 of 2000).

G Each water vending machine permitted for use in Louisiana shall display, in the upper right hand corner of the front panel, a permit decal furnished by the State Health Officer.

La. Admin. Code tit. 49, § I-405

Adopted by the Department of Health and Human Resources, Office of Preventive and Public Health Services, September 1968, amended LR 10:10 (January 1984).

AUTHORITY NOTE: Promulgated in accordance with Louisiana Revised Statutes of 1950, Title 40, as amended.