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Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 1999

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Regulation 4

SCHEDULE 1Recognition of natural mineral waters

PART INatural mineral waters extracted from the ground in Northern Ireland

1.  A person seeking to have water which is extracted from the ground in Northern Ireland recognised as a natural mineral water for the purposes of Article 1 shall make application in writing to the district council within whose district the water is extracted, giving the particulars set out in paragraph 2.

2.  The particulars to be given are—

(a)the particulars in paragraph 1.1 of Section II of Annex I;

(b)any other information showing that the requirements in paragraph 1.2 and 1.3 of the said Section II are established by analysis in accordance with that Section; and

(c)such evidence as is satisfactory to show that the water contains no substance named in column 2 (parameters) of Table B in Schedule 3 opposite any of item numbers 1 to 9 in column 1 of the said Table in an amount, expressed in the unit of measurement specified opposite that substance in column 3 of that Table, which exceeds the maximum concentration specified opposite that substance in column 4 of that Table.

3.  In so far as particulars of any of the anions, cations, non-ionised compounds or trace elements specified in column 1 of Schedule 2 are required to be given pursuant to paragraph 2, the concentration of each such anion, cation, non-ionised compound or trace element shall, in those particulars, be expressed in the unit of measurement specified opposite it in column 2 of that Schedule.

4.  Where such particulars have been so given, the district council shall assess them and shall, for the purposes of Article 1, recognise the water to which those particulars relate if it is satisfied that—

(a)the water is natural mineral water which complies with paragraph 3 of Section I of Annex I; and

(b)the characteristics of the water have been assessed in accordance with—

(i)the points set out in paragraph (a) of the first unlettered sub-paragraph of paragraph 2 of Section I of Annex I;

(ii)the requirements and criteria listed in Section II of Annex I; and

(iii)recognised scientific methods.

5.  The district council shall, on recognising a natural mineral water for the purposes of Article 1 in accordance with paragraph 4, publish an announcement of such recognition, and the grounds on which it has been granted, in the Belfast Gazette.

PART IINatural mineral waters extracted from the ground in a country other than an EEA State

1.  A person seeking to have a water which is extracted from the ground in a country other than an EEA State recognised as a natural mineral water for the purposes of Article 1 shall make application in writing to the Department, giving the particulars set out in paragraph 2.

2.  The particulars to be given are—

(a)the particulars in paragraph 1.1 of Section II of Annex I;

(b)any other information showing that the requirements in paragraph 1.2 and 1.3 of the said Section II are established in accordance with that Section; and

(c)such evidence as is satisfactory to show that the water contains no substance named in column 2 (parameters) of Table B in Schedule 3 opposite any of item numbers 1 to 9 in column 1 of the said Table in an amount, expressed in the unit of measurement specified opposite that substance in column 3 of that Table, which exceeds the maximum concentration specified opposite that substance in column 4 of that Table.

3.  In so far as particulars of any of the anions, cations, non-ionised compounds or trace elements specified in column 1 of Schedule 2 are required to be given pursuant to paragraph 2 the concentration of each such anion, cation, non-ionised compound or trace element shall, in those particulars, be expressed in the unit of measurement specified opposite it in column 2 of that Schedule.

4.  The Department shall not recognise such a water unless the responsible authority of the country in which the water is extracted has certified that—

(a)it is satisfied—

(i)that the requirements in paragraph 1.2 and 1.3 of Section II of Annex I are established by analysis in accordance with that Section; and

(ii)with the evidence given pursuant to sub-paragraph (c) of paragraph 2; and

(b)periodic checks are made to ascertain that—

(i)the water is natural mineral water which complies with paragraph 3 of Section I of Annex I;

(ii)the characteristics of the water are assessed in accordance with—

(aa)the points set out in paragraph (a) of the first unlettered sub-paragraph of paragraph 2 of Section 1 of Annex I;

(bb)the requirements and criteria listed in Section II of Annex I; and

(cc)recognised scientific methods; and

(iii)the provisions of paragraphs 2 and 3 of Annex II are being applied by the person exploiting the spring.

5.  Recognition of such a water shall lapse after a period of five years unless the responsible authority of the country in which the water is extracted has renewed the certification required by paragraph 4.

6.  The Department shall, on recognising a water in accordance with this Part, publish an announcement of such recognition in the Belfast Gazette.

Regulation 4(9)

SCHEDULE 2Particulars of anions, cations, non-ionised compounds and trace elements

AnionsUnit of measurement
Borate BO3mg/1
Carbonate CO32−mg/1
Chloride CImg/1
Fluoride Fμg/1
Hydrogen Carbonate HCO3mg/1
Nitrate NO3mg/1
Nitrite NO2mg/1
Phosphate PO43−mg/1
Silicate SiO2mg/1
Sulphate S42−mg/1
Sulphide S2mg/1
CationsUnit of measurement
Aluminium A1mg/1
Ammonium NH4+mg/1
Calcium Camg/1
Magnesium Mgmg/1
Potassium Kmg/1
Sodium Namg/1
Non-ionised compoundsUnit of measurement
Total organic carbon Cmg/1
Free carbon dioxide CO2mg/1
Silica SiO2mg/1
Trace elementsUnit of measurement
Barium Baμg/1
Bromine (total) Brμg/1
Cobalt Coμg/1
Copper Cuμg/1
Iodine (total) Iμg/1
Iron Feμg/1
Lithium Liμg/1
Manganese Mnμg/1
Molybdenum Moμg/1
Strontium Srμg/1
Zinc Znμg/1

Regulations 11, 12 and 16

SCHEDULE 3Requirements for spring water and drinking water including prescribed concentrations or values of parameters

PART IRequirements for spring water and drinking water

1.  Water satisfies the requirements of this Schedule if—

(a)the water does not contain any property, element, organism, or substance—

(i)(other than a parameter) at a concentration or value which would be injurious to health;

(ii)(whether or not a parameter) at a concentration or value which in conjunction with any other property, element, organism or substance it contains (whether or not a parameter) would be injurious to health;

(b)the water does not contain—

(i)concentrations or values of any of the parameters listed in Tables A to D in Part II in excess of the prescribed concentrations or values;

(ii)concentrations of trihalomethanes (being the aggregate of the concentrations of trichloromethane, dichlorobromomethane, dibromochloromethane and tribromomethane) in excess of 100 181 g/1; and

(c)in the case of water prepared from water which has been softened or desalinated, its hardness is not below a minimum concentration of 60 mg Ca/1 and its alkalinity is not below a minimum concentration of 30 mg HCO3/1.

2.  The concentrations or values of the parameters listed in Tables A to D in Part II shall be read in conjunction with the notes thereto.

PART IIPrescribed Concentrations or Values

TABLE A

Column 1Column 2Column 3Column 4
ItemParametersUnits of MeasurementConcentration or Value (maximum unless otherwise stated)
(i)

Note (i) If silver is used in a water treatment process, 80 may be substituted for 10.

1.Colourmg/1 Pt/Co scale20
2.Turbidity (including suspended solids)Formazin turbidity units4
3.Odour (including hydrogen sulphide)Dilution number3 at 25°C
4.Taste Dilution number3 at 25°C
5.Temperature°C25
6.SulphateMg SO4/1250
7.MagnesiumMg mg/150
8SodiumMg Na/1150
9.PotassiumMg K/112
10.Dry residuesmg/11500 (after drying at 180°C)
11.NitrateMg NO3/150
12.NitriteMg NO2/10.1
13.Ammonium (ammonia and ammonium ions)Mg NH4/10.5
14.Kjeldahl nitrogenMg N/11
15.Oxidizability (permanganate value)Mg O2/15
16.Total organic carbonMg C/1No significant increase over that normally observed
17.Dissolved or emulsified hydrocarbons (after extraction with petroleum ether); mineral oilsμg/110
18.Phenolsμg C6H5OH/10.5
19.Surfactantsμg/1 (as lauryl sulphate)200
20.Aluminiumμg A1/1200
21.Ironμg Fe/1200
22.Manganeseμg Mn/150
23.Copperμg Cu/13000
24.Zincμg Zn/15000
25.Phosphorusμg P/12200
26.Fluorideμg F/11500
27.Silverμg Ag/110(i)

TABLE B

Column 1Column 2Column 3Column 4
ItemParametersUnits of MeasurementMaximum concentration
(i)

Notes (i) The sum of the detected concentrations of individual substances.

(ii)

Notes (ii) The sum of the detected concentrations of fluoranthene, benzo 3,4 fluoranthene, benzo 11.12 fluoranthene, benzo 3.4 pyrene, benzo 1.12 perylene and indeno (1, 2, 3-cd) pyrene.

1.Arsenicμg As/150
2.Cadmiumμg Cd/15
3.Cyanideμg CN/150
4.Chromiumμg Cr/150
5.Mercuryμg Hg/11
6.Nickelμg Ni/150
7.Seleniumμg Se/110
8.Antimonyμg Sb/110
9.Leadμg Pb/110
10.Pesticides and related products:

(a)individual substances

μg/10.1

(b)total substances(i)

μg/10.5
11.Polycyclic aromatic Hydrocarbons(ii)μg/10.2

TABLE C

Column 1Column 2Column 3Column 4
ItemParametersUnits of MeasurementMaximum Concentration
(i)

Notes (i) Analysis by multiple tube method.

(ii)

Notes (ii) The total viable colony count should be measured within 12 hours of bottling with the sample water being kept at a constant temperature during that 12-hour period. Any increase in the total viable colony count of the water between 12 hours after bottling and the time of sale shall not be greater than that normally expected.

1.Total coliformsnumber/100 ml0
2.Faecal coliformsnumber/100 ml0
3.Faecal streptococcinumber/100 ml0
4.Sulphite-reducing clostridianumber/20 ml≥1(i)
5.Colony countsnumber/1 ml at 22°C100(ii)
number/1 ml at 37°C20(ii)

TABLE D

Column 1Column 2Column 3Column 4
ItemParametersUnits of MeasurementMaximum Concentration or Value
1.ConductivityμS/cm1500 at 20°C
2.Chloridemg C1/1400
3.Calciummg Ca/1250
4.Substances extractable in chloroformmg/1 dry residue1
5.Boronμg B/12000
6.Bariumμg Ba/11000
7.Benzo 3.4 pyreneng/110
8.Tetrachloromethaneμg/13
9.Trichloroetheneμg/130
10.Tetrachloroetheneμg/110

Regulation 21

SCHEDULE 4Revocations

Column 1Column 2Column 3
Provisions revokedReferencesExtent of revocation
Natural Mineral Waters Regulations (Northern Ireland) 1985S.R. 1985 No. 120The whole Regulations
The Food Safety (Northern Ireland) Order 1991 (Consequential Modifications) Order (Northern Ireland) 1991S.R. 1991 No. 203Article 8
The Food Safety (Exports) Regulations (Northern Ireland) 1991S.R. 1991 No. 344In the Schedule the reference in column 2 to the Natural Mineral Waters Regulations (Northern Ireland) 1985 and the entries corresponding thereto in columns 1 and 3
The Food (Forces Exemptions) (Revocations) Regulations (Northern Ireland) 1992 (Northern Ireland) 1992S.R. 1992 No. 464In the Schedule the reference in column 2 to the Natural Mineral Waters Regulations (Northern Ireland) 1985 and the entries corresponding thereto in columns 1 and 3
The Drinking Water in Containers Regulations (Northern Ireland) 1994S.R. 1994 No. 185The whole Regulations

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