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PART 5Monitoring and sampling

CHAPTER 2Water bottled and labelled as “spring water” and bottled drinking water

Monitoring of water bottled and labelled as “spring water” and bottled drinking water

24.—(1) In the case of water bottled and labelled as “spring water” and bottled drinking water, each district council must carry out regular monitoring of the quality of the water to check that—

(a)it satisfies the requirements of Directive 98/83 and in particular complies with the parametric values set in accordance with Schedule 7; and

(b)where disinfection forms part of the preparation or distribution of bottled drinking water, the disinfection treatment applied is efficient and any contamination from disinfection by-products is kept as low as possible without compromising the disinfection.

(2) In order to comply with paragraph (1), each district council must carry out—

(a)monitoring in accordance with Schedule 8 to check whether the water complies with the relevant parametric values specified in Parts 2 and 3 of Schedule 7; and

(b)monitoring in accordance with Schedule 9 to check whether the water complies with the relevant parametric values specified in Part 4 of Schedule 7.

(3) Each district council must carry out additional monitoring, on a case-by-case basis, in relation to any property, element, substance or organism other than a parameter specified in Schedule 7, if the district council has reason to suspect that it may be present in the water concerned in an amount or number which constitutes a potential danger to human health.

Samples and analysis

25.—(1) For the purpose of monitoring water bottled and labelled as “spring water” and bottled drinking water, each district council must carry out—

(a)sampling and analysis in accordance with Schedule 10 to check compliance with the parametric values specified in Parts 2 and 3 of Schedule 7; and

(b)sampling and analysis in accordance with Schedule 11 to check compliance with the parametric value for indicative dose specified in Part 4 of Schedule 7.

(2) Each district council must take samples at the point at which the water is bottled.

Remedial action

26.—(1) If a district council determines that water bottled and labelled as “spring water” or bottled drinking water does not comply with the parametric concentrations or values specified in Schedule 7, the district council must—

(a)immediately investigate the non-compliance in order to identify the cause;

(b)assess whether the non-compliance poses a risk to human health which requires action;

(c)require the business operator to take remedial action as soon as possible to restore the quality of the water where that is necessary to protect human health;

(d)in respect of any parameter specified in Parts 2 and 3 of Schedule 7, notify the general public of the remedial action taken, unless the district council considers that non-compliance with the parametric value is trivial; and

(e)in respect of any parameter specified in Part 4 of Schedule 7, notify the general public of the risks and remedial action taken and advise the general public on any additional precautionary measures that may be needed for the protection of human health in respect of radioactive substances.

(2) If water bottled and labelled as “spring water” or bottled drinking water constitutes a potential danger to human health, irrespective of whether it meets the relevant parametric values in Schedule 7, the district council must—

(a)prohibit or restrict the supply of that water in its area or take such other action as is necessary to protect human health; and

(b)inform the general public promptly of that fact and provide advice where necessary.

(3) In performing the function in paragraph (2), the district council must have regard to any risks to human health which would be caused by an interruption of the supply or a restriction in the use of water intended for human consumption.