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PART IIISpring water and bottled drinking water

Spring water

11.—(1) No person shall cause any water to be marked or labelled with the description “spring water” unless—

(a)that water is extracted from a spring;

(b)subject to paragraph (2), that water would, if it were natural mineral water, meet the exploitation and bottling requirements;

(c)that water would, if it were natural mineral water, be capable of being bottled or sold, as appropriate, without contravening the provisions of regulation 8;

(d)that water is or has been bottled at source and, if it has not undergone any treatment, is intended for consumption in its natural state;

(e)that water is marked or labelled with the name of the place where the spring is exploited and the name of the spring;

(f)where that water is marked or labelled with any trade description, the water would, if it were natural mineral water, comply with the requirements of Article 8; and

(g)that water satisfies the requirements of Schedule 3.

(2) Water marked or labelled with the description “spring water” which is transported from the spring to the bottling plant in containers other than those for distribution to the ultimate consumer shall not, for that reason, be taken to have failed to meet the exploitation and bottling requirements if, on or before 23rd November 1996, the water from that spring was so transported to the bottling plant.

(3) No person shall sell any water which is marked or labelled in contravention of paragraph (1).

Bottled drinking water

12.—(1) No person shall bottle any water or sell any bottled drinking water unless it satisfies the requirements of Schedule 3.

(2) No person shall cause any water which does not satisfy the provisions of Section 1 of Annex 1, and which is bottled, to be marked or labelled with any designation, proprietary name, trade mark, brand name, illustration or other sign, whether emblematic or not, the use of which is forbidden by Article 9.1(b).