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

PART 1 E+W+S Introductory

Title, application and commencement E+W+S

1.  These Regulations may be cited as the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007, apply in relation to England only and come into force on 31st October 2007.

Interpretation E+W+S

2.—(1) In these Regulations —

“the Act” means the Food Safety Act 1990;

[F1 “advertisement” means a representation in any form in connection with a trade or business in order to promote the supply of goods and “advertise” is to be construed accordingly;]

F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 “authorised activated alumina treatment” means—

(a)

a treatment of natural mineral water and spring water with activated alumina in order to remove fluoride, that has been authorised in accordance with Schedule 1A; or

(b)

in the case of natural mineral water or spring water brought into England from another part of the United Kingdom or from another EEA state, a treatment which complies with Articles 1 to 3 of Regulation 115/2010;]

“authorised ozone-enriched air oxidation technique” means—

(a)

a treatment with ozone-enriched air authorised and carried out in accordance with Schedule 1; or

(b)

in the case of water brought into England from other parts of the United Kingdom or from another EEA State a treatment which complies with Article 5 of Directive 2003/40 as implemented in that part of the United Kingdom or that EEA State;

“bottle”, the noun, means a closed container of any kind in which water is sold for drinking by humans or from which water sold for drinking by humans is derived, and “bottle”, the verb, and cognate expressions, shall be construed accordingly;

F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“Directive 98/83” means Council Directive 98/83/EC relating to the quality of water intended for human consumption M1 ;

“Directive 2003/40” means Commission Directive 2003/40/EC establishing the list, concentration limits and labelling requirements for the constituents of natural mineral waters and the conditions for using ozone-enriched air for the treatment of natural mineral waters and spring waters M2 ;

[F5 “Directive 2009/54” means Directive 2009/54/EC of the European Parliament and of the Council on the exploitation and marketing of natural mineral waters (Recast);]

“drinking water” means water which is 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;

“effervescent natural mineral water” means natural mineral water which, at source or after bottling, gives off carbon dioxide spontaneously and in a clearly visible manner under normal conditions of temperature and pressure;

[F6 “natural mineral water” means water which—

(a)

is microbiologically wholesome;

(b)

originates in an underground water table or deposit and emerges from a spring tapped at one or more natural or bore exits;

(c)

can be clearly distinguished from ordinary drinking water on account of the following characteristics having been preserved intact because of the underground origin of the water, which origin shall have been protected from all risk of pollution—

(i)

its nature, which is characterised by its mineral content, trace elements or other constituents and, where appropriate, by certain effects, and

(ii)

its original purity; and

(d)

is for the time being recognised pursuant to and in accordance with regulation 4;]

“parameter” means a property, element, organism or substance listed in the second column of any Table in Part 2 of Schedule 2;

“prescribed concentration or value”, in relation to any parameter, means the concentration or value specified in relation to that parameter in any Table in Part 2 of Schedule 2 as measured by reference to the unit of measurement so specified;

[F7 “Regulation 115/2010” means Commission Regulation (EU) No. 115/2010 laying down the conditions for use of activated alumina for the removal of fluoride from natural mineral waters and spring waters;]

“relevant authority” means the council of a district or London Borough; and

“sell” includes possess for sale and offer, expose or advertise for sale, and “sale” shall be construed accordingly.

(2) Other expressions used both in these Regulations and in [F8 Directive 2009/54] or Directive 98/83 have the same meaning in these Regulations as they bear in the Directive concerned.

(3) Any reference in these Regulations to a numbered Article or Annex is, save where the contrary intention appears, a reference to the Article or Annex so numbered in [F9 Directive 2009/54].

(4) Any reference in these Regulations to the marking or labelling of a bottle includes both marking or labelling done before any water is bottled and marking or labelling done after bottling.

Textual Amendments

F1 Words in reg. 2(1) substituted (13.12.2014) by The Food Information Regulations 2014 (S.I. 2014/1855), Sch. 7 para. 52

F2 Words in reg. 2(1) omitted (6.4.2011) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2011 (S.I. 2011/451), regs. 1, 2(2) (with regs. 3, 4)

F3 Words in reg. 2(1) inserted (9.4.2010) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2010 (S.I. 2010/433), regs. 1, 3(a)

F4 Words in reg. 2(1) repealed (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2009 (S.I. 2009/1598), regs. 1, 3(a)

F5 Words in reg. 2(1) inserted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2009 (S.I. 2009/1598), regs. 1, 3(b)

F6 Words in reg. 2(1) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2009 (S.I. 2009/1598), regs. 1, 3(c)

F7 Words in reg. 2(1) inserted (9.4.2010) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2010 (S.I. 2010/433), regs. 1, 3(b)

F8 Words in reg. 2(2) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2009 (S.I. 2009/1598), regs. 1, 4(1)(2)

F9 Words in reg. 2(3) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2009 (S.I. 2009/1598), regs. 1, 4(1)(2)

Marginal Citations

M1 OJ No. L330, 5.12.98, p.32.

M2 OJ No. L126, 22.5.2003, p.34.

Exemptions E+W+S

3.—(1) These Regulations do not apply to any water which —

(a) has a product licence issued under the provisions of the Medicines Act 1968 M3 , or a marketing authorisation within the meaning of the Medicines for Human Use (Marketing Authorisations etc.) Regulations 1994 M4 , or a marketing authorisation within the meaning of [F10 the Veterinary Medicines Regulations 2009];

(b) is a natural mineral water which is used at source for curative purposes in thermal or hydromineral establishments;

(c) is not intended for sale for drinking by humans; or

(d) is a natural mineral water intended for export to a country other than an EEA State.

(2) These Regulations do not apply to packaged ice portions intended for use in cooling food.

Textual Amendments

F10 Words in reg. 3(1)(a) substituted (6.4.2011) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2011 (S.I. 2011/451), regs. 1, 2(3) (with regs. 3, 4)

Marginal Citations

M3 1968 c. 67.

M4 S.I. 1994/3144; to which there are amendments not relevant to these Regulations.

[F11 Additional language E+W+S

3A.   Nothing in these Regulations prevents a bottle being marked or labelled with any other language in addition to English.]

Textual Amendments

F11 Reg. 3A inserted (6.4.2011) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2011 (S.I. 2011/451), regs. 1, 2(4) (with regs. 3, 4)