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The Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) (Scotland) Regulations 2003

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Citation, commencement and extent

1.—(1) These Regulations may be cited as the Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) (Scotland) Regulations 2003.

(2) Regulations 1 to 10, 12 to 14 and 16 of these Regulations shall come into force on 31st March 2003 and regulations 11, 15 and 17 of these Regulations shall come into force on 25th December 2003.

(3) These Regulations extend to Scotland only.

Amendments to the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999

2.  The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999(1) shall be amended in accordance with regulations 3 to 17 of these Regulations.

3.  In regulation 2 (interpretation)–

(a)in paragraph (1)–

(i)in the definition of “bottle”, for the words “human consumption”, wherever they appear, there shall be substituted the words “drinking by humans”;

(ii)after the definition of “Directive 80/778”, there shall be inserted–

“Directive 98/83” means Council Directive 98/83/EC relating to the quality of water intended for human consumption(2);; and

(iii)for the definition of “drinking water” there shall be substituted–

“drinking water” means water intended for sale for drinking by humans other than–

(a)

natural mineral water; or

(b)

water bottled in a bottle marked or labelled “spring water” in accordance with regulation 11;;

(b)for paragraph (2), there shall be substituted–

(2) Other expressions used both in these Regulations and in Council Directive 80/777 or 80/778 have the same meanings in these Regulations as they bear in the Directive concerned.; and

(c)after paragraph (4) there shall be added–

(5) Any reference in these Regulations to the marking or labelling of a bottle relates both to the case where the marking or labelling occurs before any water is bottled and also to the case where it occurs after bottling..

4.  In paragraph (c) of regulation 3 (exemptions), for “human consumption” there shall be substituted “drinking by humans”.

5.  In regulation 4 (recognition as natural mineral water)–

(a)in paragraph (2)–

(i)in sub-paragraph (a) the word “or” shall be deleted;

(ii)in sub-paragraph (b) there shall be inserted at the end the word “or”; and

(iii)after sub-paragraph (b) there shall be inserted–

(c)that the content of the water is not in accordance with paragraph 2(c) in Part I or, as the case may be, paragraph 2(c) in Part II of Schedule 1,;

(b)for paragraph (5) there shall be substituted–

(5) Upon the grant or withdrawal pursuant to this regulation, by the relevant authority in Scotland, of recognition for the purposes of Article 1, the authority concerned shall immediately inform the Agency of such grant or withdrawal.; and

(c)after paragraph (7) there shall be inserted–

(7A) On obtaining information of any change to the trade description of a natural mineral water, or to the name of the spring from which a natural mineral water has been extracted, the relevant authority in Scotland shall immediately inform the Agency of that change..

6.  In regulation 5 (prohibition on sale) after “any water” there shall be inserted “bottled in a bottle”.

7.  In regulation 10 (labelling of natural mineral water)–

(a)in paragraph (1), after “cause a natural mineral water to be” there shall be inserted “bottled in a bottle”;

(b)in paragraph (3), after “Natural mineral water shall be” there shall be inserted “bottled in a bottle”; and

(c)for paragraph (5) there shall be substituted–

(5) No person shall sell any natural mineral water which–

(a)is bottled in a bottle marked or labelled in contravention of paragraph (1) above;

(b)has undergone any of the treatments referred to in paragraph (3)(a) above, unless the bottle in which it is bottled is marked or labelled with the appropriate indication in accordance with that paragraph;

(c)is bottled in a bottle not marked or labelled with the mandatory information referred to in paragraph (4) above; or

(d)is bottled in a bottle marked or labelled with a trade description which is different from the trade description with which any other natural mineral water originating from the same spring is marked or labelled..

8.  For regulation 11 (spring water) there shall be substituted–

Spring Water

11.(1) No person shall cause any water to be bottled in a bottle marked or labelled with the description “spring water” unless–

(a)that water has been extracted from a spring;

(b)subject to paragraph (4) below, that water would, if it were a natural mineral water, meet the exploitation and bottling requirements;

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

(d)subject to paragraph (6) below, that water satisfies the requirements of Schedule 3; and

(e)the bottling occurs at source.

(2) No person shall cause any bottle to be marked or labelled with the description “spring water” unless the water contained in it–

(a)subject to paragraph (6) below, is bottled as specified in paragraph (1) above;

(b)(if it has not undergone any treatment) is intended for consumption in its natural state; and

(c)(where the bottle is marked or labelled with any trade description) would, if it were a natural mineral water, comply with the requirements of Article 8.

(3) No person shall cause any water to be bottled in a bottle marked or labelled with the description “spring water” unless the bottle is also marked or labelled with–

(a)the name of the place where the spring in question is exploited; and

(b)the name of the spring.

(4) Any water bottled in a bottle marked or labelled with the description “spring water”, which is transported from the spring to the bottling plant in a container which is not for distribution to the ultimate consumer, shall not, for that reason alone, 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.

(5) No person shall sell any water which–

(a)subject to paragraph (6) below, is bottled otherwise than as specified in paragraph (1) above; or

(b)subject to paragraph (6) below, is bottled in a bottle marked or labelled in contravention of paragraphs (2) or (3) above.

(6) For the purposes of paragraphs (2)(a) and (5) above, where the water concerned has been bottled in an EEA State other than the United Kingdom, but does not satisfy the requirements of Schedule 3, it shall be deemed to satisfy those requirements if, at the date of bottling–

(a)it satisfies the requirements prescribed in that State corresponding to those in Schedule 3; and

(b)those requirements are in accordance with–

(i)(where the bottling occurs before 25th December 2003) whichever of Directives 80/778 and 98/83 is applicable in that State; or

(ii)(where the bottling occurs on or after that date) Directive 98/83..

9.  For regulation 12 (bottled drinking water), there shall be substituted–

12.(1) Subject to paragraph (3) below, no person shall cause any drinking water to be bottled, or sell any bottled drinking water, unless it satisfies the requirements of paragraph (2) below and Schedule 3.

(2) No person shall cause any drinking water which does not satisfy the provisions of section 1 of Annex 1 to be bottled in a bottle 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).

(3) For the purposes of paragraph (1) above, where the water concerned has been bottled in an EEA State other than the United Kingdom, but does not satisfy the requirements of Schedule 3, it shall be deemed to satisfy those requirements if, at the date of bottling–

(a)it satisfies the requirements prescribed in that State corresponding to those in Schedule 3; and

(b)those requirements are in accordance with–

(i)(where the bottling occurs before 25th December 2003) whichever of Directives 80/778 and 98/83 is applicable in that State; or

(ii)(where the bottling occurs on or after that date) Directive 98/83..

10.  In regulation 13 (enforcement)–

(a)for paragraph (1) there shall be substituted–

(1) Subject to paragraphs (2) and (3) below, each food authority shall–

(a)enforce and execute these Regulations within its area; and

(b)with effect from 25th December 2003, for the purposes of carrying out that function, take within its area, in relation to products to which these Regulations and Directive 98/83 apply, the steps required of member States and competent authorities by Article 7.1 to 7.4 and 7.6 of that Directive.;

(b)in paragraph (2)(a)(i), for “4(b)”, there shall be substituted “4(a)”; and

(c)paragraph (3) shall be omitted.

11.  For regulation 16 (analysis) there shall be substituted–

16.  Methods of analysis which accord with Article 7.5 of Directive 98/83 shall be used for the purposes of determining whether water satisfies the provisions of Schedule 3..

12.  In regulation 17 (offences and penalties), for “11(1) or (3), 12” there shall be substituted “11(1), (2), (3) or (5), 12(1) or (2)”.

13.  In regulation 18 (defences)–

(a)for paragraph (1)(b) there shall be substituted–

(b)if the water was intended for export to an EEA State, that–

(i)in the case of water bottled in a bottle marked or labelled with the term “spring water”–

(A)where the export was to take place before 25th December 2003, the legislation complies with the provisions of Directive 80/777 and whichever of Directives 80/778 and 98/83 is applicable in the State concerned; and

(B)where the export was to take place on or after that date, the legislation complies with the provisions of Directives 80/777 and 98/83; and

(ii)in the case of bottled drinking water–

(A)where the export was to take place before 25th December 2003, the legislation complies with the provisions of whichever of Directives 80/778 and 98/83 is applicable in the State concerned; and

(B)where the export was to take place on or after that date, the legislation complies with the provisions of Directive 98/83.;

(b)in paragraph (2)(a), after “or” there shall be inserted “the bottle in which it was bottled was marked or”; and

(c)in paragraph (3), before “marked or labelled”, wherever they appear, there shall be inserted “bottled in a bottle”.

14.  In paragraph (3) of regulation 19 (application of other provisions) for “it” there shall be substituted “the bottle in which it is bottled”.

15.  In paragraph 2(c) in each of Parts I and II of Schedule 1 (recognition of natural mineral waters), after “numbers 1 to 9” there shall be inserted “and 12”.

16.  In Schedule 2 (particulars of anions, cations, non ionised compounds and trace elements) in the second column opposite to the entry in the first column relating to the anion Fluoride F·, for “μg/1” there shall be substituted “mg/1”.

17.  For Schedule 3 (requirements for spring water and drinking water including prescribed concentrations or values of parameters), there shall be substituted the Schedule set out in the Schedule to these Regulations.

MARY MULLIGAN

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

6th March 2003

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