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The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) (Amendment) Regulations 2017

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Title, application and commencement

1.—(1) The title of these Regulations is the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) (Amendment) Regulations 2017.

(2) These Regulations apply in relation to Wales.

(3) These Regulations come into force on 27 October 2017.

Amendment of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015

2.  The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015(1) are amended in accordance with regulations 3 to 15.

3.  In regulation 2 (interpretation), in paragraph (1)—

(a)for the definition of “fluoride removal treatment”, substitute—

“fluoride removal treatment” (“triniaeth tynnu fflworid”) has the meaning given in regulation 27A;;

(b)for the definition of “ozone-enriched air treatment”, substitute—

“ozone-enriched air treatment” (“triniaeth aer a gyfoethogir ag osôn”) has the meaning given in regulation 27B;.

4.  In regulation 13 (sale of natural mineral water), for sub-paragraphs (a) to (d) of paragraph (2) substitute—

(a)has been extracted from a spring—

(i)in Wales, which has been exploited in contravention of regulation 8; or

(ii)otherwise than in Wales, which has been exploited otherwise than in compliance with the requirements as described at regulation 8(1)(a) and (c) and regulation 8(2), or if the responsible authority of the area in which the spring is exploited has not given permission for the spring to be so exploited;

(b)has been subjected—

(i)in Wales, to any treatment or addition in contravention of regulation 9; or

(ii)otherwise than in Wales, to—

(aa)a treatment which is not described at regulation 9(1)(a)(i), 9(1)(a)(ii), a fluoride removal treatment, or an ozone-enriched air oxidation treatment;

(bb)any addition other than an addition described in regulation 9(1)(b); or

(cc)any disinfection treatment, the addition of bacteriostatic elements, or any other treatment likely to change the viable colony count of the natural mineral water;

(c)is bottled—

(i)in Wales, in contravention of regulation 10; or

(ii)otherwise than in Wales, in contravention of the requirements as described in regulation 10;

(d)is labelled—

(i)in Wales, in contravention of regulation 11; or

(ii)otherwise than in Wales, in contravention of the requirements as described in regulation 11; or.

5.—(1) Regulation 15 (treatments and additions for water intended to be labelled and sold as “spring water” or “dŵr ffynnon”) is renumbered as paragraph (1) of that regulation.

(2) After paragraph (1) as so renumbered, insert—

(2) Paragraph (1) does not prevent the use of water intended to be labelled and sold as “spring water”, “dŵr ffynnon”, or its equivalent in any other language in the manufacture of soft drinks.

6.  In regulation 17 (advertising of water as “spring water” or “dŵr ffynnon”), after paragraph (2), insert—

(3) No person may advertise water intended to be labelled and sold as “spring water”, “dŵr ffynnon”, or its equivalent in any other language under—

(a)a designation, proprietary name, trade mark, brand name, illustration or other sign, whether emblematic or not, the use of which is liable to cause confusion of the water with a natural mineral water, or

(b)the description “mineral water”, “dŵr mwynol”, or its equivalent in any other language.

7.  In regulation 18 (sale of water as “spring water” or “dŵr ffynnon”) for sub-paragraphs (a) to (c) of paragraph (1) substitute—

(a)is bottled—

(i)in Wales, in contravention of regulation 14(1); or

(ii)otherwise than in Wales, in contravention of the requirements as described in regulation 14(1);

(b)has been subjected—

(i)in Wales, to any treatment or addition in contravention of regulation 15; or

(ii)otherwise than in Wales, to—

(aa)treatment which is not described at regulation 15(1)(a)(i), 15(1)(a)(ii), a fluoride removal treatment, or an ozone-enriched air oxidation treatment;

(bb)any addition other than an addition described in regulation 15(1)(b); or

(cc)any disinfection treatment, the addition of bacteriostatic elements, or any other treatment likely to change the viable colony count of the natural mineral water;

(c)is labelled—

(i)in Wales, in contravention of regulation 16; or

(ii)otherwise than in Wales, in contravention of the requirements as described in regulation 16; or.

8.  In regulation 24 (monitoring of water bottled and labelled as “spring water” or “dŵr ffynnon” and bottled drinking water), omit paragraph (2)(a).

9.  After regulation 27 (monitoring of certain treatments) insert—

Fluoride removal treatment

27A.  For the purposes of these Regulations, a fluoride removal treatment means—

(a)a treatment of natural mineral water or water intended to be bottled and labelled as “spring water”, “dŵr ffynnon”, or its equivalent in any other language, with activated alumina in order to remove fluoride which is authorised in accordance with regulations 9(1)(a)(iii) or 15(a)(iii) and Schedule 2;

(b)in the case of natural mineral water or water intended to be bottled and labelled as “spring water”, “dŵr ffynnon”, or its equivalent in any other language, brought into Wales from another part of the United Kingdom or from another EEA State, a treatment which has been authorised by the responsible authority in the area in which the water is extracted as complying with the requirements of Articles 1 to 3 of Regulation 115/2010 and which does not have a disinfectant action; or

(c)in the case of natural mineral water or water intended to be bottled and labelled as “spring water”, “dŵr ffynnon”, or its equivalent in any other language, brought into Wales from a country other than an EEA State, a treatment that has been authorised by the responsible authority in that country in accordance with procedures for authorising fluoride removal treatment in that country which have been determined by the Agency or responsible authority in another part of the United Kingdom or in another EEA State to be equivalent to the requirements of Articles 1 to 3 of Regulation 115/2010 and which does not have a disinfectant action.

10.  After new regulation 27A (fluoride removal treatment), insert—

Ozone-enriched air treatment

27B.  For the purposes of these Regulations, an ozone-enriched air treatment means—

(a)a treatment of natural mineral water or water intended to be bottled and labelled as “spring water”, “dŵr ffynnon”, or its equivalent in any other language, with ozone-enriched air which is authorised in accordance with regulations 9(1)(a)(iv) or 15(a)(iv) and Schedule 3;

(b)in the case of natural mineral water or water intended to be bottled and labelled as “spring water”, “dŵr ffynnon”, or its equivalent in any other language, brought into Wales from another part of the United Kingdom or from another EEA State, a treatment which has been authorised by the responsible authority in the area in which the water is extracted as complying with Article 5 of Directive 2003/40, as read with Article 7 of that Directive in respect of its application to spring water, as implemented in that part of the United Kingdom or that EEA State, and which does not have a disinfectant action; or

(c)in the case of natural mineral water or water intended to be bottled and labelled as “spring water”, “dŵr ffynnon”, or its equivalent in any other language, brought into Wales from a country other than an EEA State, a treatment that has been authorised by the responsible authority in that country in accordance with procedures for authorising ozone-enriched air treatment in that country which have been determined by the Agency or responsible authority in another part of the United Kingdom or in another EEA State to be equivalent to the requirements of Article 5 of Directive 2003/40, as read with Article 7 of that Directive in respect of its application to spring water, and which does not have a disinfectant action.

11.  In Schedule 2 (fluoride removal treatment), for the Welsh text of sub-paragraph (b) of paragraph 3, substitute “nad yw’r driniaeth yn cael effaith ddiheintio.”

12.  In Schedule 3 (ozone-enriched air treatment)—

(a)in sub-paragraph (b) of paragraph 1, for “3, 4 and 5” substitute “6, 7 and 8”;

(b)for the Welsh text of sub-paragraph (c) of paragraph 1, substitute “nad yw’r driniaeth yn cael effaith ddiheintio.”

13.  In Schedule 7 (requirements for water bottled and labelled as “spring water” or “dŵr ffynnon” and bottled drinking water including prescribed concentrations or values of parameters), in Part 3 (parametric values for indicator parameters), in Table C (indicator parameters), in the row relating to—

(a)item 5, parameter “Colour”—

(i)in column 3 (units of measurement), for “Mg/1 Pt/Co scale” substitute “Acceptable to consumers and no abnormal change”; and

(ii)in column 4 (maximum concentration or value), omit “20”;

(b)item 10, parameter “Odour”—

(i)in column 3 (units of measurement), for “Dilution number” substitute “Acceptable to consumers and no abnormal change”; and

(ii)in column 4 (maximum concentration or value), omit “3 at 25ºC”;

(c)item 14, parameter “Taste”—

(i)in column 3 (units of measurement), for “Dilution number” substitute “Acceptable to consumers and no abnormal change”; and

(ii)in column 4 (maximum concentration or value), omit “3 at 25ºC”.

14.  Omit Schedule 8 (monitoring for parameters other than radioactive substances in water bottled and labelled as “spring water” or “dŵr ffynnon” and bottled drinking water).

15.—(1) In Schedule 9 (monitoring for radioactive substances in water bottled and labelled as “spring water” or “dŵr ffynnon” and bottled drinking water), paragraph 13 (exemption from monitoring) is renumbered as sub-paragraph (1) of that paragraph.

(2) After sub-paragraph (1) so renumbered, insert—

(2) Subject to sub-paragraph (3), the exemption from monitoring under sub-paragraph (1) lapses after a period of 5 years, beginning on the date the food authority notifies its decision to the Agency in accordance with sub-paragraph (1)(b).

(3) The exemption from monitoring under sub-paragraph (1) lapses immediately if the level of radon, tritium or indicative dose exceeds the relevant parametric value specified in Part 4 of Schedule 7.

Rebecca Evans

Minister for Social Services and Public Health under authority of the Cabinet Secretary for Health, Well-being and Sport, one of the Welsh Ministers

17 September 2017

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