N.H. Code Admin. R. He-P 2103.13 - Labeling of Beverages and Bottled Water

Current through Register Vol. 41, No. 39, September 30, 2021

(a) All labeling shall be in compliance with the applicable requirements of the federal food labeling regulations, 21 CFR Part 101, and federal bottled water regulations 21 CFR Part 165.110.
(b) The label shall state the name of the product in accordance with 21 CFR 165.110 and He-P 2103.14.
(c) When bottled water comes from a community or municipal water system, except when it has been treated by deionization, distillation, or reverse osmosis, or meets the definitions of purified or sterile water, and is labeled as such, the water shall be labeled as follows:
(1) The statement "from a community water system" or, alternatively, "from a municipal source", as appropriate, shall be on the label's principal display panel; and
(2) This statement shall immediately and conspicuously precede or follow the name of the water without intervening written, printed, or graphic matter, in type size at least one-half the size of the statement of identity but in no case less than one-sixteenth of an inch.
(d) Water labeled as sodium free, low sodium, or very low sodium shall be in compliance with labeling requirements for sodium in 21 CFR 101.61.
(e) Spring water, as defined in He-P 2101.01(ad) , shall be labeled as follows:
(1) The term "spring", "springs", or "spring water" shall not be used as a product name or a brand name on a label unless the water source meets the definition of spring water in He-P 2101.01(ad) ; and
(2) If the word "spring" appears in the company name and the water source does not meet the definition of spring water, the word(s) designating the type of water source shall be no smaller than one-half the size of the word "spring" in the company name.
(f) Mineral water, as defined in He-P 2101.01(p) , shall be labeled as follows:
(1) The label for mineral water which contains total dissolved solids of less than 500 ppm shall include the statement "low mineral content";
(2) The label for mineral water which contains total dissolved solids of 1,500 ppm or higher shall include the statement "high mineral content"; and
(3) Statements of low or high mineral content shall appear on the label's 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 than one-sixteenth of an inch.
(g) If the word "natural" appears in the company name on the label and the finished product has been subject to treatment such that it does not meet the definition of natural water in He-P 2101.01(r) , the word(s) designating the type of water, such as distilled, deionized, demineralized, or drinking water, shall be no smaller than one-half the size of the word "natural" in the company name.
(h) The words in the product name on the label shall be in letters of the same style, size, and color on a background of contrasting color.
(i) Supplemental printed information and graphics on the label concerning recognized uses of the water when appearing on the label shall not infer properties of the product or preparation methods which are not factual.
(j) When the label or labeling of a bottled water product states or implies through label statements or vignettes that the bottled water is for use in feeding infants, and the product does not meet the definition of "sterile water" in He-P 2101.01(ae) , the product label shall bear the statement "not sterile" conspicuously and on the principal display panel.
(k) Bottled water which has on its principal display panel, or primary label, a statement of identity such as spring water, purified water, or drinking water and contains added ingredients, including minerals, caffeine, flavorings, or any other additional ingredients, shall be clearly labeled as containing additional ingredients.

Notes

N.H. Code Admin. R. He-P 2103.13
Derived From Volume XXXVIII Number 50, Filed December 13, 2018, Proposed by #12680, Effective 11/27/2018, Expires 11/27/2028.

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