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PART 3WHOLESOMENESS

Wholesomeness

5.—(1) Water supplied by a water undertaker that is intended for human consumption including water supplied for —

(a)such domestic purposes as consist of or include, drinking, cooking, food preparation or washing; or

(b)food production purposes,

must be wholesome.

(2) Subject to paragraphs (5) and (6), water under paragraph (1) is to be regarded as wholesome if the requirements of paragraph (3) are satisfied.

(3) The requirements of this paragraph are—

(a)that the water does not contain—

(i)any micro-organism (other than a parameter listed in Schedule 1) or parasite; or

(ii)any substance (other than a parameter listed in Schedule 1),

which, in numbers or concentrations would constitute a potential risk to human health;

(b)that the water does not contain any substance (whether or not a parameter) at a concentration or value which, in conjunction with any other substance it contains (whether or not a parameter) would constitute a potential risk to human health;

(c)that the water does not contain concentrations or values of the parameters listed in Tables A and B in Schedule 1 in excess of the prescribed concentrations or values; and

(d)that the water satisfies the formula “[nitrate]/50 + [nitrite]/3 <= 1”, where the square brackets signify the concentrations in mg/1 for nitrate (NO3) and nitrite (NO2).

(4) The point at which the requirements of paragraph (3), in so far as they relate to the parameters set out in Part 1 of Table A and in Table B in Schedule 1 are to be complied with is—

(a)in the case of water supplied from a tanker, the point at which the water emerges from the tanker;

(b)in the case of water supplied in bottles or containers, the point at which the water emerges from any bottle or container collected from a local distribution point;

(c)in the case of water used in a food-production undertaking, at the point where the water is used in the undertaking; or

(d)in any other case the point at which the water emerges from the consumer’s tap that is normally used for human consumption.

(5) Water supplied for regulation 5(1) purposes must not be regarded as wholesome for the purposes of Chapter III if, on transfer from a treatment works for supply for those purposes—

(a)it contains a concentration of the coliform bacteria or Escherichia coli (E. coli) parameter (items 1 and 2 in Part II of Table A in Schedule 1) in excess of the prescribed concentrations; or

(b)it contains a concentration of nitrite in excess of 0.1 mg NO2/1.

(6) Subject to paragraph (7), water supplied for regulation 5(1) purposes must not be regarded as wholesome for the purposes of Chapter III if, on transfer from a service reservoir for supply for those purposes, it contains a concentration of the coliform bacteria or Escherichia coli (E. coli) parameter in excess of the prescribed concentrations.

(7) Water transferred from a service reservoir for supply for regulation 5(1) purposes is to be regarded as unwholesome if more than 5% of samples taken, in a year in which the reservoir in question is in use, exceed the prescribed concentration for the coliform bacteria parameter.