21 C.F.R. § 129.40
Equipment and procedures
(a) Suitability. (1) All plant equipment and utensils shall be suitable for their intended use. This includes all collection and storage tanks, piping, fittings, connections, bottle washers, fillers, cappers, and other equipment which may be used to store, handle, process, package, or transport product water.
(2) All product water contact surfaces shall be constructed of nontoxic and nonabsorbant material which can be adequately cleaned and sanitized and is in compliance with section 409 of the act.
(b) Design. Storage tanks shall be of the type that can be closed to exclude all foreign matter and shall be adequately vented.
Notes of Decisions
Cited in 1
case, 2010–2010 · leading case: Michiana Dairy Processors, LLC v. All Star Beverage, Inc., 744 F. Supp. 2d 790 (N.D. Ind. 2010).
Michiana Dairy Processors, LLC v. All Star Beverage, Inc., 744 F. Supp. 2d 790 (N.D. Ind. 2010). “21 C.F.R. § 129.40 . Any processes for the treatment of water (including distillation, reverse osmosis, ion exchanging, ultraviolet treatment), cannot adulterate the bottled product.”
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