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The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2007

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22.—(1) The following provisions of the Order shall apply for the purposes of these Regulations and, any reference in those provisions to the Order or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations —

(a)Articles 2(4) and 3 (extended meaning of “sale” etc.);

(b)Article 4 (presumptions that food intended for human consumption);

(c)Article 19 (offences due to fault of another person);

(d)Article 20 (defence of due diligence) as it applies for the purposes of Articles 13 or 14;

(e)Article 21 (defence of publication in the course of business);

(f)Article 30(8) (which relates to documentary evidence);

(g)Article 34(1) (obstruction etc. of officers);

(h)Article 34(2), with the modification that the reference to “any such requirement as is mentioned in paragraph 1(b)” shall be deemed to be a reference to any such requirement as is mentioned in that paragraph as applied by sub-paragraph (g)

(i)Article 36(1) (punishment of offences) in so far as it relates to offences under Article 34(1) as applied by sub-paragraph (g);

(j)Article 36(2) and (3) insofar as they relate to offences under Article 34(2) as applied by sub-paragraph (h); and

(k)Article 43 (protection of public analyst acting in good faith).

(2) Regulation 38 (intelligibility) of the Food Labelling Regulations (Northern Ireland) 1996 shall apply to any name, description, indication, information or other wording with which water is required or permitted by these Regulations to be marked or labelled, as it applies to particulars required to be labelled under the Food Labelling Regulations (Northern Ireland) 1996.

(3) A person shall not sell any water to which these Regulations apply if the bottle in which it is bottled is not marked or labelled in accordance with regulation 38 of the Food Labelling Regulations (Northern Ireland) 1996 as applied by paragraph (2).

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