(a) Water dispensing device requirements are as follows.
  (1) Any device from which any operator or consumer dispenses servings of water in bulk shall comply with Title 21, Code of Federal Regulations (CFR), §129.40, Equipment and Procedures, and §165.110, Requirements for Specific Standardized Beverages. Except §129.40, the provision pertaining to the cleaning, sanitizing, filling, and capping or sealing of containers shall not apply to containers furnished by the consumer.
  (2) Water dispensing devices shall:
    (A) be designed and constructed to permit thorough cleaning, sanitization, and maintenance of all exterior and interior surfaces and component parts;
    (B) have all parts and surfaces that come into contact with the water constructed of corrosion-resistant, and nonabsorbent material acceptable to the department and capable of withstanding repeated cleaning and sanitizing treatment;
    (C) be designed so all treatment of the water by distillation, ion-exchange, filtration, ultraviolet light, reverse osmosis, mineral addition, or any other acceptable process is done in an effective manner;
    (D) have an effective system of collection and handling of drip, spillage, and overflow of water;
    (E) have a backflow prevention device approved by the department or local authority for all connections with the water supply;
    (F) disinfect water by ultraviolet light or other method approved by the department immediately prior to delivery into the customer's container;
    (G) comply with the American Water Works Association (AWWA) specifications for granular activated carbon if used in the treatment of potable water (AWWA B604-74);
    (H) be maintained in a clean and sanitary condition; and
    (I) be free from dirt and vermin.
(b) Vending machines, in addition to requirements in subsection (a) of this section, shall:
  (1) have a recessed or guarded corrosion-resistant dispensing spout;
  (2) be equipped with monitoring devices designed to shut down operation of the machine when the disinfection unit fails to function;
  (3) be equipped with a self-closing, tight-fitting door on the vending compartment;
  (4) be located in an area that can be maintained in clean condition and in a manner that avoids insect and rodent harborage; and
  (5) display in a position clearly visible to customers, the following information:
    (A) the name and address of the operator;
    (B) a statement to the effect that the water is obtained from an approved source; and
    (C) a local or toll-free telephone number that may be called for further information, service, or complaints.
(c) Service, sampling and records shall meet the following requirements.
  (1) All parts and surfaces of the water dispensing device shall be maintained in clean condition by the vended water operator. The dispensing chamber and dispensing nozzle shall be cleaned and sanitized each time the device is serviced; whereas, all surfaces in contact with the vended water shall be maintained as a deposit free, visibly clean system. A record of cleaning and maintenance operations shall be kept by the operator for each water dispensing device for a period of two years and be available for inspection upon request.
  (2) The vended water from each water dispensing device shall have a bacteriological analysis conducted a minimum of once every 90 calendar days and if required by the department, shall also be analyzed for other physical, chemical, or microbiological parameters.
    (A) Sample results reported as coliform positive or unsuitable for analysis shall be submitted by facsimile to the department within 24 hours of receipt of the sample results from a laboratory acceptable to the department. The person shall submit the results to the Foods Group, Policy/Standards/Quality Assurance Unit by facsimile at (512) 834-6681, or by e-mail at Feedback.MFD@dshs.state.tx.us.
    (B) The person operating a water dispensing device shall maintain the original of all sample results for a period of two years. The drinking water analyses shall be performed by a laboratory acceptable to the department. A copy of the analysis shall be available for review and copying during inspections.
  (3) Each person operating a water dispensing device shall maintain a written maintenance program. The written maintenance program shall include written servicing instructions for the operator; technical manuals for the machine and water treatment appurtenances involved; and records of service. The written maintenance program shall be available for inspection by the department.
  (4) The vended water operator shall clean and perform servicing of the water vending machine a minimum of once per month.
    (A) More frequent cleaning and servicing may be required to maintain sanitation or as required by the manufacturer of the equipment.
    (B) Sampling results of positive coliform or unsuitable for analysis are indications that servicing of machine may be required at a higher frequency than once per month as detailed in paragraph (5) of this subsection.
  (5) Methods of testing for maximum contaminant levels (MCLs) for microbiological contaminants in water dispensed from water dispensing devices shall be performed as follows:
    (A) if any sample collected from a water dispensing device is determined to be unsatisfactory for any reason (i.e. coliform positive or unsuitable for analysis), the operator shall notify the department in accordance with paragraph (2)(A) of this subsection; and
    (B) the water dispensing device shall be cleaned, sanitized and resampled immediately. Until the sample results are known the device shall remain out of service; and
    (C) if after being cleaned and sanitized, the vended water is determined to be unsatisfactory, the machine shall remain out of service until the source of the contamination has been located and corrected and a negative sample obtained. The negative sample result shall be maintained in accordance with paragraph (2)(B) of this subsection.

Source Note: The provisions of this §229.86 adopted to be effective July 3, 2003, 28 TexReg 4908; amended to be effective June 4, 2006, 31 TexReg 4432