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(continued)
(k) "User Connection" is the point of connection of a user's piping to the water supplier's facilities.
(l) "Water Supplier" is the person who owns or operates the public water system.
(m) "Water User" is any person obtaining water from a public water supply.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s T17-7583. Purpose.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s 7584. Responsibility and Scope of Program.
The water supplier shall protect the public water supply from contamination by implementation of a cross-connection control program. The program, or any portion thereof, may be implemented directly by the water supplier or by means of a contract with the local health agency, or with another agency approved by the health agency. The water supplier's cross-connection control program shall for the purpose of addressing the requirements of Sections 7585 through 7605 include, but not be limited to, the following elements:
(a) The adoption of operating rules or ordinances to implement the cross-connection program.
(b) The conducting of surveys to identify water user premises where cross-connections are likely to occur,
(c) The provisions of backflow protection by the water user at the user's connection or within the user's premises or both,
(d) The provision of at least one person trained in cross-connection control to carry out the cross-connection program,
(e) The establishment of a procedure or system for testing backflow preventers, and
(f) The maintenance of records of locations, tests, and repairs of backflow preventers.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s 7585. Evaluation of Hazard.
The water supplier shall evaluate the degree of potential health hazard to the public water supply which may be created as a result of conditions existing on a user's premises. The water supplier, however, shall not be responsible for abatement of cross-connections which may exist within a user's premises. As a minimum, the evaluation should consider: the existence of cross-connections, the nature of materials handled on the property, the probability of a backflow occurring, the degree of piping system complexity and the potential for piping system modification. Special consideration shall be given to the premises of the following types of water users:
(a) Premises where substances harmful to health are handled under pressure in a manner which could permit their entry into the public water system. This includes chemical or biological process waters and water from public water supplies which have deteriorated in sanitary quality.
(b) Premises having an auxiliary water supply, unless the auxiliary supply is accepted as an additional source by the water supplier and is approved by the health agency.
(c) Premises that have internal cross-connections that are not abated to the satisfaction of the water supplier or the health agency
(d) Premises where cross-connections are likely to occur and entry is restricted so that cross-connection inspections cannot be made with sufficient frequency or at sufficiently short notice to assure that cross-connections do not exist.
(e) Premises having a repeated history of cross-connections being established or re-established.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s 7586. User Supervisor.
The health agency and water supplier may, at their discretion, require an industrial water user to designate a user supervisor when the water user's premises has a multipiping system that convey various types of fluids, some of which may be hazardous and where changes in the piping system are frequently made. The user supervisor shall be responsible for the avoidance of cross-connections during the installation, operation and maintenance of the water user's pipelines and equipment.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s T17-7588. Cross-Connection.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s T17-7589. Approved Water Supply.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s T17-7590. Auxiliary Supply.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s T17-7591. Approved Check Valve.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s T17-7592. Approved Double Check Valve Assembly.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s T17-7593. Air-Gap Separation.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s T17-7594. Approved Reduced Pressure Principle Backflow Prevention Device.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s 7601. Approval of Backflow Preventers.
Backflow preventers required by this Chapter shall have passed laboratory and field evaluation tests performed by a recognized testing organization which has demonstrated their competency to perform such tests to the Department.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s 7602. Construction of Backflow Preventers.
(a) Air-gap Separation. An Air-gap separation (AG) shall be at least double the diameter of the supply pipe, measured vertically from the flood rim of the receiving vessel to the supply pipe; however, in no case shall this separation be less than one inch.
(b) Double Check Valve Assembly. A required double check valve assembly (DC) shall, as a minimum, conform to the AWWA Standard C506-78 (R83) adopted on January 28, 1978 for Double Check Valve Type Backflow Preventive Devices which is herein incorporated by reference.
(c) Reduced Pressure Principle Backflow Prevention Device. A required reduced pressure principle backflow prevention device (RP) shall, as a minimum, conform to the AWWA Standard C506-78 (R83) adopted on January 28, 1978 for Reduced Pressure Principle Type Backflow Prevention Devices which is herein incorporated by reference.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s 7603. Location of Backflow Preventers.
(a) Air-gap Separation. An air-gap separation shall be located as close as practical to the user's connection and all piping between the user's connection and the receiving tank shall be entirely visible unless otherwise approved in writing by the water supplier and the health agency.
(b) Double Check Valve Assembly. A double check valve assembly shall be located as close as practical to the user's connection and shall be installed above grade, if possible, and in a manner where it is readily accessible for testing and maintenance.
(c) Reduced Pressure Principle Backflow Prevention Device. A reduced pressure principle backflow prevention device shall be located as close as practical to the user's connection and shall be installed a minimum of twelve inches (12 ") above grade and not more than thirty-six inches (36 ") above grade measured from the bottom of the device and with a minimum of twelve inches (12 ") side clearance.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s 7604. Type of Protection Required.
The type of protection that shall be provided to prevent backflow into the public water supply shall be commensurate with the degree of hazard that exists on the consumer's premises. The type of protective device that may be required (listed in an increasing level of protection) includes: Double Check Valve Assembly-(DC), Reduced Pressure Principle Backflow Prevention Device-(RP), and an Air-gap Separation-(AG). The water user may choose a higher level of protection than required by the water supplier. The minimum types of backflow protection required to protect the public water supply, at the water user's connection to premises with various degrees of hazard are given in Table 1. Situations which are not covered in Table 1 shall be evaluated on a case-by-case basis and the appropriate backflow protection shall be determined by the water supplier or health agency.
TABLE 1 TYPE OF BACKFLOW PROTECTION REQUIRED
Minimum
Type
of
Backflow
Degree of Hazard Prevention
(a) Sewage and Hazardous Substances
(1) Premises where there are waste water pumping and/or AG
treatment plants and there is no interconnection
with the potable water system. This does not include a
single-family residence that has a sewage lift pump. A RP may
be provided in lieu of an AG if approved by the health
agency and water supplier.
(2) Premises where hazardous substances are handled in any manner AG
in which the substances may enter the potable water system.
This does not include a single-family residence that has a sewage
lift pump. A RP may be provided in lieu of an AG if approved by the
health agency and water supplier.
(3) Premises where there are irrigation systems into which RP
fertilizers,
herbicides, or pesticides are, or can be, injected.
(b) Auxiliary Water Supplies
(1) Premises where there is an unapproved auxiliary water supply AG
which is interconnected with the public water system. A RP or DC
may be provided in lieu of an AG if approved by the health agency
and
water supplier.
(2) Premises where there is an unapproved auxiliary water supply RP
and
there are no interconnections with the public water system. A DC
may
be provided in lieu of a RP if approved by the health agency and
water supplier.
(c) Recycled Water
(1) Premises where the public water system is used to AG
supplement the recycled water supply.
(2) Premises where recycled water is used, other than as allowed in RP
paragraph (3), and there is no interconnection with the potable
water
system.
(3) Residences using recycled water for landscape irrigation as DC
part of an approved dual plumbed use area established pursuant to
sections 60313 through 60316 unless the recycled water supplier
obtains approval of the local public water supplier, or the
Department
if the water supplier is also the supplier of the recycled water,
to utilize
an alternative backflow protection plan that includes an annual
inspection and annual shutdown test of the recycled water and
potable
water systems pursuant to subsection 60316(a).
(d) Fire Protection Systems
(1) Premises where the fire system is directly supplied from the DC
public water system and there is an unapproved auxiliary water
supply
on or to the premises (not interconnected).
(2) Premises where the fire system is supplied from the public AG
water
system and interconnected with an unapproved auxiliary water
supply.
A RP may be provided in lieu of an AG if approved by the health
agency
and water supplier.
(3) Premises where the fire system is supplied from the public DC
water
system and where either elevated storage tanks or fire pumps which
take
suction from private reservoirs or tanks are used.
(4) Buildings where the fire system is supplied from the public DC
water
system and where recycled water is used in a separate piping system
within the same building.
(e) Dockside Watering Points and Marine Facilities
(1) Pier hydrants for supplying water to vessels for any purpose. RP
(2) Premises where there are marine facilities. RP
(f) Premises where entry is restricted so that inspections for RP
cross-connections cannot be made with sufficient frequency or at
sufficiently short notice to assure that they do not exist.
(g) Premises where there is a repeated history of cross-connections RP
being established or re-established.
Note: Authority cited: Section 116375, Health and Safety Code; and Section 13521, Water Code. Reference: Section 116375, Health and Safety Code; and Sections 13520, 13521 and 13554(a)(3), Water Code.
s 7605. Testing and Maintenance of Backflow Preventers.
(a) The water supplier shall assure that adequate maintenance and periodic testing are provided by the water user to ensure their proper operation.
(b) Backflow preventers shall be tested by persons who have demonstrated their competency in testing of these devices to the water supplier or health agency.
(c) Backflow preventers shall be tested at least annually or more frequently if determined to be necessary by the health agency or water supplier. When devices are found to be defective, they shall be repaired or replaced in accordance with the provisions of this Chapter.
(d) Backflow preventers shall be tested immediately after they are installed, relocated or repaired and not placed in service unless they are functioning as required.
(e) The water supplier shall notify the water user when testing of backflow preventers is needed. The notice shall contain the date when the test must be completed.
(f) Reports of testing and maintenance shall be maintained by the water supplier for a minimum of three years.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s T17-7603. Where Protection Is Required.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s T17-7604. Type of Protection.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s T17-7615. Separate Drinking Water Systems.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s T17-7616. Fire System.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 208, Health and Safety Code.
s T17-7617. Process Waters.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 208, Health and Safety Code.
s T17-7618. Sewage Treatment Plants and Pumping Stations.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 208, Health and Safety Code.
s T17-7619. Plumbing Connections.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s T17-7620. Pier and Dock Hydrants.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s T17-7621. Marking Safe and Unsafe Water Lines.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s T17-7622. Water Supervisor.
Note: Authority cited: Sections 208 and 4026, Health and Safety Code. Reference: Section 4026, Health and Safety Code.
s 7623. Intent of Regulations.
Note: Authority cited: Sections 208 and 4051, Health and Safety Code. Reference: Sections 4012-4015, 4051, 4463 and 4470.1, Health and Safety Code.
s 7624. Application of Regulations.
Note: Authority cited: Sections 208 and 4051, Health and Safety Code. Reference: Sections 4012-4015, 4051, 4463 and 4470.1, Health and Safety Code.
s 7625. Definitions.
(a) "Domestic water supply reservoir" as used herein means a reservoir used to impound or store water intended solely or primarily for domestic purposes.
(b) "Distribution reservoir" as used herein means a reservoir, directly connected with the distribution system of the domestic water supply project, used primarily to care for fluctuations in demand which occur over short periods of from several hours to several days, or as local storage in case of emergency such as a break in a main supply line or failure of pumping plant.
Note: Authority cited: Sections 208 and 4051, Health and Safety Code. Reference: Sections 4012-4015, 4050, 4051, 4463 and 4470.1, Health and Safety Code.
s 7626. Application for Permit.
(a) Recreational use on and around a domestic water supply reservoir is prohibited unless specifically authorized in a water supply permit.
(b) Within 30 calendar days of receipt of an application for a permit or petition for permit modification pursuant to Section 4011 or 4019, Health and Safety Code, the Department shall inform the applicant in writing that it is either complete and accepted for filing or that it is deficient and what specific information or documentation is required to complete the application. An application is considered complete if it is in compliance with the requirements of Section 4012, Health and Safety Code. For proposed water system improvements, new water systems or a "project" as defined in Section 15378, Title 14, California Administrative Code where environmental documentation is required, a copy of such documentation shall be included in the application.
(c) Within 90 calendar days from the date of filing of a completed application, the Department shall inform the applicant in writing of its decision regarding an application.
(d) The Department's time periods for processing an application from the receipt of the initial application to the final decision regarding issuance or denial of a water permit based on the Department's actual performance during the two years preceding the proposal of this section, were as follows:
(1) The median time was -7.5 months
(2) The minimum time was -1.5 months
(3) The maximum time was -85.5 months
Note: Authority cited: Sections 208, 4011, 4012, 4019 and 4051, Health and Safety Code; and Section 15376, Government Code. Reference: Sections 4012, 4019, 4050, 4051, 4463 and 4470.1, Health and Safety Code; Section 15376, Government Code; and Sections 21000-21176, Public Resources Code.
s 7627. Data to Accompany Application.
(a) The application for a permit to allow recreational use shall be accompanied by detailed information, including but not limited to, the following:
(1) Maps showing the reservoir area, including location of water works facilities, area to be open for recreational use and location of sanitary facilities to be provided for the public.
(2) Data on the size of the reservoir, length of time of water storage in the reservoir, topography of the reservoir site, prevalence of wind-induced currents and other factors that may affect the quality of the stored water and movement of possible contaminants to the water intake.
(3) Data on the size of the protective zone to be provided between the area of recreational use and point of water withdrawal for the water supply.
(4) A statement describing the type of recreational use proposed and the maximum number of persons, cars, vehicles and boats allowed in the area.
(5) A description of the water supplier's program, personnel and financing to control the recreational use, including maintenance and operations of recreational and sanitary facilities, and supervision of the people permitted in the area.
Note: Authority cited: Sections 208 and 4051, Health and Safety Code. Reference: Sections 4012, 4019, 4050, 4051, 4463 and 4470.1, Health and Safety Code.
s 7628. Guides to Evaluating Application.
Note: Authority cited: Sections 208 and 4051, Health and Safety Code. Reference: Sections 4012-4015, 4051, 4463 and 4470.1, Health and Safety Code.
s 7629. Reservoirs for Which Permits May Be Granted.
When the department finds that the intended recreational use will not render the water supply as delivered to the consumers impure, unwholesome or unpotable, permit for such use will be issued. Subject to the department findings the following types of domestic water supply reservoirs may be used for recreational purposes:
(1) Reservoirs from which water is continuously and reliably treated by filtration and chlorination; provided that for smaller water systems, under special circumstances satisfactory to the State Department of Public Health, approved dual chlorination may be acceptable;
(2) Reservoirs from which water is withdrawn by open channels or other conduits and subsequently stored again in reservoirs falling in the category of Section 7629(1) before reaching a distribution reservoir, or before entering the distribution system or a consumer's premises.
s 7630. Kinds of Recreational Use Allowed or Prohibited.
All regulations in this group with section numbers preceded by T17- contain building standards which appear in the California Administrative Code, Title 24, Part 6, Division T17 and, to the extent that they are building standards, are included here for convenience and continuity.
Note: Authority cited: Sections 208 and 4051, Health and Safety Code. Reference: Sections 4012-4015, 4051, 4463 and 4470.1, Health and Safety Code.
Note: Authority cited: Sections 208 and 4025, Health and Safety Code. Reference: Sections 4010-4035, Health and Safety Code.
Introduction
s 7706. Shellfish Bed Certificate Issuable by the State Board of Public Health.
Any person, firm, or corporation engaged in the cultivating or harvesting of oysters, clams, or mussels for sale to the public for human consumption shall possess a valid certificate issued by the State Board of Public Health.
Note: Authority cited: Section 208, Health and Safety Code.
s 7707. Shellfish Plant Certificate Issuable by the State Board of Public Health.
Any person, firm, or corporation operating a plant engaged in culling, shucking, packing or repacking fresh oysters, clams or mussels for sale to the public for human consumption shall hold a valid certificate issued by the State Board of Public Health.
s 7708. Authority of State Board of Public Health to Revoke or Suspend Certificate.
Each certificate so issued shall be revocable or subject to suspension by the State Board of Public Health if for any reason the safety of the shellfish as an article of food is not assured or if the standards set forth herewith are not maintained at all times.
s 7709. Expiration and Renewal of Certificates.
A certificate issued under these regulations shall be valid for a period not to exceed one year and shall expire on February 15th of each year. An application for renewal of a certificate shall be made by January 1st of each year if an applicant desires to continue to hold a certificate. No certificate can be transferred.
s 7710. Definition.
For purpose of these regulations, the term "shellfish" is hereby declared to mean and include all varieties of oysters, clams, and mussels.
s 7711. Types of Certificates.
Shellfish certificates issued hereunder shall be of the following classifications:
A. Shellfish beds and shellfish stock derived therefrom for human consumption.
B. Shellfish culling, shucking, packing, and repacking plants and shucked shellfish produced therefrom for human consumption.
C. A "limited" certificate may be granted as provided under Section 7744.
s 7712. Application for Certificate.
The applicant for a certificate to operate in either of the classifications described above shall file with the State Department of Public Health a written request accompanied by a detailed description of the shellfish beds or shellfish handling plants and a map showing the location of the beds or facilities. With the application shall be filed a description of the proposed source or sources of shell or shucked stock. He shall also file with the State Department of Public Health an agreement to comply with each and all of these regulations.
s 7713. No Shellfish Grown in the State of California to Be Sold or Distributed Unless Certified.
No shellfish grown in the State of California shall be sold or distributed except from growing areas that have been approved and have been granted a valid certificate by the State Board of Public Health under these regulations. Shellfish shall not be sold or distributed from growing areas in other states unless each lot of shellfish obtained therefrom bears a certificate number designating a certificate of cleanliness and safety issued by the State Department of Health of the state in which the shipment originates acceptable to the California State Department of Public Health.
s 7714. No Shucked Shellfish to Be Sold or Distributed Unless Certified.
No shucked shellfish shall be sold or distributed except where such shellfish have been handled in plants for which a certificate has been issued by the State Board of Public Health under these regulations. Shucked shellfish from other states shall not be sold or distributed unless each lot of shucked shellfish obtained therefrom bears a certificate number designating a certificate of cleanliness and safety issued by the State Department of Health of the state in which the shipment originates acceptable to the California State Department of Public Health.
s 7719. Safety of Shellfish for Human Consumption.
No shellfish shall be sold or distributed for human consumption unless it is safe as an article of food and is free from filth.
s 7720. Persons Infected With Communicable Diseases.
Persons who are infected with or are carriers of organisms of typhoid fever, dysentery, septic sore throat, or certain other communicable diseases which might be transmitted through shellfish or who have infected wounds or open lesions on exposed portions of the body shall not be employed in the growing beds or shucking, packing, or repacking plant. If the owner or manager has reason to suspect that any employee has contracted such a communicable disease, he shall immediately exclude said employee from the growing beds or plant.
s 7725. Record of Operations.
A daily record of shellfish received and shipped shall be kept showing kinds of shellfish, designation of the beds from which derived, name of grower, name of shipper, and name of consignee. These records shall be available for inspection by the State Department of Public Health or its agents during all reasonable hours. Upon request these records shall be submitted to the State Department of Public Health.
s 7730. Cleanliness of Shellfish Growing Areas.
Shellfish beds shall be located in growing areas not adversely affected by sewage, other wastes, or human and recreational activity. All operation of the beds shall be such as not to adversely affect the cleanliness of the growing area.
s 7731. Boat Sanitation.
All boats, scows, and appurtenances thereto used in the taking of shellfish or used in the transportation of shellfish from the beds to plants or used in the water over the shellfish beds shall be kept in such a state of cleanliness and repair that shellfish growing on the bed and handled and stored thereon shall not be subject to contamination. Decks, holds, or bins used for storage and/or transporting of shellfish on boats shall not be washed with polluted water. Persons in boats over the shellfish beds shall not discharge human wastes to the waters. Adequate facilities shall be provided for disposal of human wastes from persons working on the shellfish beds.
s 7732. Shellfish from Uncertified Areas Brought into Certified Beds.
Shellfish growing in uncertified areas may not be brought into a bed for which a certificate has been issued unless special approval is first granted by the State Department of Public Health. Such approval shall be in writing and granted only on condition that the method of transplanting and timing of arrival of the shellfish will insure that the transplanted shellfish remain in the approved growing area at least 30 days before harvesting for sale for human consumption. This translating area must be in separate portions of the bed and one in which no other shellfish are held.
s 7733. Water Quality.
Shell stock shall not be cleaned, stored, floated, or conditioned in water, the standard of which is not as rigid as that required at certified shellfish beds.
s T17-7738. Culling Plants.
Culling plants shall be located in areas free from insanitary conditions and faulty sewage disposal. They shall be provided with an ample supply of water under adequate pressure from a source approved by the State Department of Public Health for the purpose of hosing down floor and benches and cleaning the shellfish. Floors and premises shall be kept in a clean and sanitary condition.
s 7739. Storage.
Shellstock in storage shall be adequately protected from contamination at all times. Dry shellstock shall not be stored on floors. Storage areas must be kept clean at all times. Containers shall be clean and in good condition.
s 7740. Cleanliness of Shellstock.
Only shellstock that is reasonably clean and reasonably free of mud shall be shipped or marketed. Oysters, clams, or mussels which are dead or do not have tight shells shall not be shipped or marketed.
s 7741. Shipping.
Shellstock shall be handled and shipped under such temperature as will keep them alive. Each lot of shellstock shall be shipped in clean containers such as bags, boxes, or barrels so as to prevent spoilage or contamination during shipping. Each lot shall be plainly marked with the name and address of the shipper, the certificate number of the bed from which the oysters, clams, or mussels were obtained, and the date of harvest.
s 7742. Shucking and Packing Plants and Equipment.
Shellfish shall be shucked and packed in such a manner that they are not subject to contamination. Shellstock shall be free of mud when they are shucked. Only live shellfish shall be shucked. Shucked shellfish shall not remain on the shucking table for more than one hour unless refrigerated at .50 degrees Fahrenheit or less.
s 7743. Washing.
All shucked shellfish shall be properly washed and shall be free of sand, mud and other foreign material. Methods and equipment used for washing the shucked shellfish shall be adequate to accomplish this pur pose and shall be approved by the State Health Department. All water used for washing the shellfish shall meet the requirements of Section T17-7753 of these regulations.
s T17-7744. Plant Arrangement.
Unless shellfish are shucked directly into packing containers with no further processing, the shucking and packing processes shall be done in separate rooms. There shall be installed in the partition between the two rooms a delivery window through which the shucked stock is passed to the packing room. Provision shall be made for storing the employees' outer garments, aprons, gloves, etc., in a separate room.
[FNa1] In special instances where shucking is done on a small scale for local retail sales, shucking and packing may be permitted in a single room if approved by the State Department of Public Health. This single room and all operations shall conform to all requirements of these regulations except that of separate shucking and packing rooms. "Limited" certificates shall be issued in these instances and all containers of shucked shellfish shall be clearly labeled or marked with the words "limited certificate" and the appropriate certificate number.
[FNa1] Not a building standard.
s 7745. Floors.
The floors of all rooms in which shellfish are stored, shucked, washed, packed, or otherwise processed shall be constructed of concrete or other equally impervious material, graded to drain quickly, free from cracks or uneven surfaces that might interfere with proper cleaning or drainage, and maintained in a clean and satisfactory condition.
s T17-7746. Walls and Ceilings.
Walls and ceilings shall be maintained in a smooth, clean, washable, light-colored condition. They shall be impervious to moisture and shall be kept in good repair. Walls contiguous to benches shall, to a height of two feet above the bench top, be of smooth concrete, metal or equally nonabsorbent material.
s T17-7747. Screening.
The plant shall have all openings effectively screened with not less than 16- mesh screening, unless other effective means are provided to prevent the entrance of flies and other insects.
s T17-7748. Light.
Ample light to work by shall be provided in all working rooms. A light intensity of not less than 10 foot-candles shall be maintained on all working surfaces when workers are at their working positions.
s T17-7749. Ventilation.
Adequate ventilation shall be provided to prevent condensation on ceilings or other surfaces.
s T17-7750. Toilet Facilities.
Every shellfish culling, shucking, packing, or repacking plant shall be provided with clean and adequate toilet facilities conveniently located. [FNa1] No toilet room shall be used for the storage of garments, food products, containers, or equipment. Construction and maintenance of toilets shall comply with all local and state regulations.
[FNa1] Not a building standard.
s T17-7751. Handwashing Facilities.
An adequate number of lavatories shall be provided at locations conveniently to toilet rooms and shellfish handling operations, including running hot and cold water, soap, and individual disposal towels. The use of a common towel is prohibited.
All employees shall wash their hands thoroughly with running water and soap on beginning work and after each visit to the toilet. Signs to this effect shall be posted in conspicuous places in the plant and in the toilet rooms.
s T17-7752. Sewers and Drains.
Sewage and other liquid wastes shall be discharged into public sewers wherever possible. Where private sewage or waste disposal systems must be utilized they shall be constructed in accordance with state and local regulations pertaining thereto. Plant waste systems shall be properly trapped and vented. Waste liquids shall be disposed of in a manner that will not adversely affect the quality of the water in which shellfish are grown or stored. Waste lines from washing machines shall have suitable protection against the possibility of sewage or wastes entering these machines.
s 7753. Water Supply.
Shucking, packing, or repacking plants shall be provided with an ample supply of water under adequate pressure from a source approved by the State Department of Public Health. The supply shall be accessible to all parts of the plant, adequate in quantity, and of a safe sanitary quality. No cross-connections with unapproved supplies or other possible sources of contamination shall be permitted.
s 7754. Benches and Stands.
All benches and stands shall be of smooth concrete, metal, or other nonabsorbent material, free from cracks or crevices, and so constructed that drainage is complete and rapid. Shucking blocks shall be removable unless an integral part of the bench and shall be of solid one-piece construction.
s 7755. Construction of Utensils and Equipment.
All shucking pails, opening knives, blowers, skimmers, tanks, tubs, trays, measures, colanders, paddles, or other equipment or utensils which may come in contact with shucked shellfish shall be made of not readily corrodible, smooth, impervious material and shall be constructed in such a manner as to eliminate grooves, seams, and cracks where foreign particles, dirt, and slime might collect. Perforations in the skimmers, colanders, and blower trays shall be smooth to facilitate cleaning. Skimmers, ladles, and colanders of wire-mesh construction are not permitted. The top rim of every tank, tub, and tray shall be at least 30 inches above the floor.
s 7756. Aprons and Finger Cots.
All persons who handle shucked shellfish shall wear clean aprons and coats of washable and waterproof material. If finger cots or similar shields for protecting the palm of the hand are worn, they shall be of clean, washable and waterproof material.
s 7757. Refrigeration.
Unless shellfish are delivered to the consumer immediately upon completion of shucking, refrigeration facilities shall be provided capable of cooling the shucked shellfish to a temperature below 50 degrees Fahrenheit within two hours after the shellfish are shucked, and keeping them at this temperature until delivered to the consumer. If shucked shellfish are frozen, they shall be kept in a frozen condition until delivered to the consumer. The refrigerator or icebox shall have an impervious lining. The floor shall be graded to drain quickly. An accurate thermometer shall be kept in the refrigerator or icebox. Refrigerators shall be kept clean and sanitary at all times.
s 7758. Ice.
Ice used for the processing of shucked shellfish shall be obtained from an approved source and shall be stored and handled in a sanitary manner. No ice shall be allowed to come in contact with shucked shellfish.
s 7759. Cleaning.
The floors, walls, and, if necessary, ceilings in the plant shall be cleaned at the end of each day's operations and flushed with water. All equipment, utensils, benches, etc., which come in contact with shucked shellfish shall be thoroughly scoured at the end of each day's operations. The premises shall be kept clean and free of litter and rubbish. Equipment and articles not required in the processing of the shellfish shall be excluded from the plant.
s 7760. Sterilization of Equipment.
All utensils, equipment, or working surfaces coming in contact with shucked shellfish after being thoroughly cleansed shall be sterilized by methods approved by the State Department of Public Health. Sterilized equipment shall be protected from recontamination between usages.
s 7761. Packing and Shipping.
Shucked shellfish shall be packed and shipped either in single-service containers made of clean impervious materials or in properly designed, returnable containers [FNa1] which have received adequate cleansing and bactericidal treatment. All containers shall be stored in a manner that will protect them from contamination. Containers holding one gallon or more must be positively sealed or so sealed that tampering with the container can easily be detected. Each can, container, or package shall bear the name of the shipper, certificate number of the shucking, packing, or repacking plant, and date packed. The date may be in code if the code is registered with the State Department of Public Health.
[FNa1] Returnable containers will be accepted only for interplant shipment of shucked shellfish.
Note: Authority cited: Sections 202, 205(d) and 208, Health and Safety Code. Reference: Sections 26542; 28312-28315 and 28440, Health and Safety Code.
s 7762. Repacking Shucked Stock.
Repacking of shucked shellfish shall only be done if contamination of the shellfish will not occur. Repacking of shucked stock shall be in conformance with all sections of these regulations dealing with shucking and packing of shellfish.
Note: Authority cited for Group 6: Sections 102 and 208, Health and Safety Code. Reference: Sections 24100 through 24109, Health and Safety Code.
s 7861. General.
(a) Each water bottler shall:
(1) Exercise due care and diligence to protect water sources under his control;
(2) Provide and effectively operate and maintain water treatment, bottling, capping, bottle washing and product storage facilities;
(3) Maintain adequate water quality monitoring;
(4) Take whatever investigative or corrective action is necessary to assure that a pure, wholesome and potable water is supplied to consumers.
(b) Each water vending machine operator shall:
(1) Operate and maintain all water vending machines under his control in a sanitary manner;
(2) Maintain adequate water quality monitoring;
(3) Take whatever investigative or corrective action is necessary to assure that a pure, wholesome and potable water is supplied to consumers.
Note: Authority cited: Sections 102, 208 and 4041, Health and Safety Code. Reference: Sections 4040-4043, inclusive, Health and Safety Code.
s 7862. Definitions.
(a) "Department" means the California Department of Health.
(b) "Approved" means approved in writing by the Department.
(c) "Bottler" means a person, firm, partnership, or corporation, or other business organization owning and/or operating a water bottling plant.
(d) "Vended Water" means water dispensed by way of a water vending machine.
(e) "Water-vending machine" means any self-service device which upon insertion of a coin, coins, or token, or upon receipt of payment by other means, dispenses unit servings of water in bulk into a customer's container, without the necessity of refilling the machine between each operation.
(f) "Mineral Water" means bottled drinking water containing more than 500 milligrams per liter of total dissolved solids and/or one or more chemical constituents in excess of the concentrations listed in the Federal Bottled Water Quality Standards, 21 CFR, Section 103.35 (d).
Note: Authority cited: Sections 102, 208 and 4041, Health and Safety Code. Reference: Sections 4040-4043, Health and Safety Code.
s 7863. Bottled and Vending Machine Water Quality.
(a) Quality standards for bottled water withdrawn from sealed bottles, and water from vending machines at point of discharge to customer's container, shall conform to Federal Water Quality Standards for Bottled Water, 21 CFR, Section 103.35 except:
(1) Mineral water shall be exempt from chemical quality standards of 21 CFR, Section 103.35 (d);
(2) Bottled fluoridated water shall contain 1.0_____+ 0.1 milligrams per liter fluoride ion.
Note: Authority cited: Sections 208 and 4041, Health and Safety Code. Reference: Section 4041, Health and Safety Code.
s 7864. Water Bottling Plants.
(a) Bottlers shall comply with the following Good Manufacturing Practices:
(1) Federal standards relating to Processing and Bottling of Bottled Drinking Water, 21 CFR, Section 129.
(2) Federal Standards Relating to Human Foods; Current Good Manufacturing Practice in manufacture, processing, packing or holding, 21 CFR, Section 110.
(3) Regulations for Sanitation in Food Plants, 17 CAC 12235-12285.
(b) Prior to bottling, bottled water shall be subject to effective treatment by ozonation, ultraviolet or other treatment approved by the Department.
Note: Authority cited: Sections 102, 208 and 4041, Health and Safety Code. Reference: Sections 4040-4043 Health and Safety Code.
s 7865. Water Vending Machines.
(a) Products from each water vending machine shall be sampled by the vending machine operator once every six months or coliform organisms.
(b) Prior to discharge to the customer's container, water vended by machine shall be subject to effective treatment by ultraviolet or other treatment approved by the Department.
Note: Authority cited: Sections 102, 208 and 4041, Health and Safety Code. Reference: Sections 4040-4043, Health and Safety Code.
s 7866. Cleaning and Sanitizing of Containers.
(a) Bottler shall utilize at least one of the following cleaning/sanitizing processes for multi-use bottles or containers:
(1) Any of the federal sanitizing procedures listed in 21 CFR, Section 129.80 (d).
(2) Exposing all interior surfaces to not less than two and one-half percent caustic solution at a minimum temperature of 120F for not less than one minute where high velocity jets are used or for not less than three minutes where soaker type bottle washers are used.
A final rinsing of the bottle inside, using operations or product water shall be used to remove traces of any caustic sanitizing agent.
(3) Any other method approved in writing by the Department.
Note: Authority cited: Sections 102, 208 and 4041, Health and Safety Code. Reference: Sections 4040-4043, Health and Safety Code.
s 7867. Water Dispensers.
(a) Dispensers for bottled water, furnished by the water bottler or distributor, shall be delivered to the consumer's premise in a clean, sanitary condition, protected from dust, dirt or other contamination.
(b) Ollas or other water-holding dispensers, both refrigerated and nonrefrigerated, shall be checked for cleanliness each time the dispenser is serviced by the bottler or distributor's representative and when necessary returned to the bottler or distributor for cleaning and sanitizing before reuse.
(c) Only methods and procedures approved by the Department shall be used to clean and sanitize water dispensers.
Note: Authority cited: Sections 102, 208 and 4041, Health and Safety Code. Reference: Sections 4040-4043, Health and Safety Code.
s 7868. Labels and Advertising.
(a) Mineral water shall be plainly labeled "Mineral Water," and the label shall show amounts of any mineral substance which exceed bottled water standards, 21 CFR, Section 103.35, and the source of the water.
Note: Authority cited: Sections 102, 208 and 4041, Health and Safety Code. Reference: Sections 4040-4043, Health and Safety Code.
s 7869. Applications.
Application for a license by an out-of-state bottler or by a distributor of water bottled out of state shall be submitted with sufficient information to demonstrate that the water is pure, wholesome and potable. This information shall be included in a report prepared by the agency having authority over bottled water in the state where the water is bottled. If no agency has specific authority over bottled water, the report shall be prepared by a registered civil engineer with recognized experience and competence in the field of water sanitation and/or food production. The applicant may contract with the Department for out-of-state inspections and preparation of the report necessary to support issuance of the license. The report shall include, but not be limited to, the following:
(a) Where applicable, a copy of the out-of-state laws and regulations on bottled water and the license issued.
(b) A report on compliance or noncompliance with all water quality and sampling and water bottling requirements specified in this chapter.
(c) A statement from the out-of-state regulatory agency and the applicant that they will inform the Department of contamination or illness associated with the bottled water shipped into the State.
(d) Information on type and quantity of bottled water shipped into the State and how the bottled water is packaged, transported and stored upon arrival before distribution in the State.
Note: Authority cited: Sections 102, 208 and 4041, Health and Safety Code. Reference: Sections 4040-4043, Health and Safety Code.
s 7870. Licenses.
a) Water Bottling Plants.
The owners or operators of each water bottling plant shall make application for license on forms provided by the Department. The application and license fee shall be submitted for a calendar year. License fees payable are due on or before January 1 and shall be in accordance with Table 1. For new bottling operations, the fee shall be $500.00 for the first calendar year's operation. For water bottled out of state, license fees shall be in accordance with Table 1. Average weekly production shall be determined by dividing the number of gallons shipped into California during the previous year by 52.
TABLE 1
WATER BOTTLING PLANT LICENSE FEE SCHEDULE
Last Year's Average Current
Weekly Production Annual
Bottled Water (in Gallons) License Fee
2,500 or less............. $100
2,501 to 10,000........... $200
10,001 to 25,000.......... $300
25,001 to 50,000.......... $400
Over 50,000............... $500
(b) Water Vending Machines.
Each water vending machine owner or operator shall make application and obtain a license for each machine operated under his control. The annual license fee for each approved machine shall be $5 per calendar year. A decal or seal provided by the Department indicating a license fee has been paid shall be affixed in a prominent place to each vending machine in service.
(c) Water Vending Machine Approval.
Each model of a water vending machine shall be approved by the Department. For newly designed machines or existing machines with modifications, adequate data shall be submitted regarding ability of the machine to comply with the standards of design and to continuously and reliably deliver water complying with water quality standards prescribed in Section 7863. The evaluation fee for each model of a new machine and existing machines with modifications affecting the quality of the water produced shall be in accordance with Table 2. The Department may accept, without payment of a fee, the evaluation of a new or modified model by a recognized independent laboratory.
TABLE 2
WATER VENDING MACHINE EVALUATION FEE SCHEDULE
New machine.................................. $500
Existing machine with major modifications.... $200
Existing machine with minor modifications.... $50
Note: Authority cited: Sections 102, 208 and 4041, Health and Safety Code. Reference: Sections 4040-4043, Health and Safety Code.
s 7871. Doors and Windows.
s 7872. Toilet -Handwashing Facilities.
s 7873.Plant Maintenance. (continued)