In this article, we detail the main structural responsibilities, the mandatory monitoring schedule, and the penalties applicable to the sector.
Mineral water exploitation in Brazil possesses regulatory particularities that combine the management of mineral resources with food safety standards. The activity is regulated by the Mineral Waters Code (Decree-Law No. 7,841/1945) and technically detailed by ANM Resolution No. 193/2024, which establishes the obligations of exploitation titleholders and the inspection parameters applied by the National Mining Agency (ANM) and the Health Regulatory Agency (Anvisa).
1. Catchment and Conveyance Infrastructure
The infrastructure that conveys water from the source or tubular well to the bottling line must follow technical specifications to prevent any alteration in the original characteristics of the resource:
- Permitted Materials: All internal parts of equipment, utensils, supply conduits, and reservoirs that have direct contact with water must be made of polished food-grade stainless steel or another material expressly authorized by ANVISA.
- Conduit Arrangement: Supply conduits must be independent, identified by name and flow direction, and free of ramifications or connections to other supply networks. They must be installed above the ground, at a minimum height of 30 cm, to facilitate visual inspection. Where the aerial model is unfeasible, the use of underground channels structured for maintenance is permitted.
- Reservoir Specifications: They must be watertight, installed above the ground, and mandatorily equipped with level sensors, an overflow with a check valve, a microbiological air filter, a bottom-emptying device, a stainless steel faucet for sample collection, and a CIP (clean in place) system for internal sanitization.
2. Mandatory Monitoring Schedule
Exploitation quality control requires internal and official analysis routines. These monitoring records must be maintained at the industrial complex, available for inspection, for a minimum period of 2 years.
Internal Monitoring Frequency
| Frequency | Object of Monitoring | Mandatory Parameters |
| Daily | Water sampled at the source | Physico-chemical parameters: pH, electrical conductivity, and temperature. |
| Daily | Water from public water sources | Microbiological parameters: Total coliforms and Escherichia coli. |
| Weekly | Water sampled at the source | Microbiological parameters: Total coliforms and Escherichia coli. |
| Weekly | Measuring equipment | Cumulative volume readings on flow meters. |
| Weekly | Catchment infrastructure | Catchment inspection report with records of any maintenance. |
| Per Batch | Bottled final product | Complete microbiological analysis (ANVISA RDC No. 724/2022 standards). |
Official Analyses (Five-Year Frequency)
During the exploitation phase, the miner must conduct a complete official analysis of each source under exploitation every 5 years, a timeframe aligned with the validity of state environmental licenses.
- The official analysis comprises the in situ study (collection, field measurements, rainfall data, and identified photographic records of the source).
- Monitoring covers classificatory ions, physico-chemical properties, microbiological properties, and testing for chemical substances that represent a health risk, such as pesticides and organic compounds.
- At least one analysis every 10 years must be processed at the official reference laboratory of the Geological Survey of Brazil (LAMIN/SGB).
3. Rules for Bottling and Packaging Sanitization
Bottling must occur in a dedicated and isolated room with a positive pressure system and filtered air. The process does not allow chemical treatments that alter the original classification of the water, with only carbonation using food-grade carbon dioxide being permitted. Any maintenance service in the bottling room requires the immediate interruption of operations and subsequent sanitization of the environment.
Washing Cycle for Returnable Carboys
Sanitization machinery for returnable packaging (which has a maximum useful life of 3 years) must operate in a sequential, continuous, and automatic manner, without manual assistance from the operator. The process requires high-pressure jetting and internal brushing divided into 4 stages:
- Stage 1: Washing at 60°C with a caustic soda solution or similar product regularized by ANVISA.
- Stage 2: Rinsing with water originating from the recirculation of the final rinse.
- Stage 3: Disinfection with a chlorinated solution or similar sanitizing agent.
- Stage 4: Final rinse conducted exclusively with the mineral water from the specific source to be bottled.
The use of disinfectant products in the final rinse or directly in the water to be commercialized is prohibited.
4. Inspection, Sanctions, and Penalties
The conduct of exploration, exploitation, and catchment works must be under the technical responsibility of a Geologist or Mining Engineer licensed by CREA, with the due issuance of the corresponding Technical Responsibility Note (ART).
Non-compliance with technical standards subjects the miner to the penalties provided for in ANM Resolution No. 122/2022, structured according to the nature of the infraction:
- Documentary and Cadastral Infractions (Group III): Starting production without presenting compliance reports for the installations with the Plan of Economic Exploitation (PAE), failing to previously communicate industrial expansion projects, or omitting mandatory information at the public water source.
- Operational and Sanitary Infractions (Groups V and VII): Operating with conduits or reservoirs outside of material specifications, allowing leaks in the adduction system, applying unauthorized sanitization products, failing to comply with washing stages, or omitting daily and weekly monitoring records.
Technical or hygienic irregularities that may compromise the development of the source or endanger the quality of the final product constitute a legal ground for the closing of the installations, seizure of product stock, and application of cumulative fines, according to the Mineral Waters Code.
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