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The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007

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This Scottish Statutory Instrument has been made in consequence of a defect in S.S.I. 2007/435 and is being issued free of charge to all known recipients of that instrument.

Scottish Statutory Instruments

2007 No. 483

FOOD

The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007

Made

29th October 2007

Laid before the Scottish Parliament

29th October 2007

Coming into force

30th October 2007

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 6(4), 16(1), 17(1), 26(1)(a) and (3), 31 and 48(1) of the Food Safety Act 1990(1) and all other powers enabling them to do so.

In accordance with section 48(4A) of the Food Safety Act 1990, the Scottish Ministers have had regard to relevant advice given by the Food Standards Agency(2).

There has been a consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(3).

Modifications etc. (not altering text)

PART 1SIntroductory

Citation, commencement and extentS

1.—(1) These Regulations may be cited as the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007 and shall come into force on 30th October 2007.

(2) These Regulations extend to Scotland only.

Commencement Information

I1Reg. 1 in force at 30.10.2007, see reg. 1(1)

InterpretationS

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 trader or business in order to promote the supply of goods and “advertise” is to be construed accordingly;]

“the Agency” means the [F2Food Standards Scotland];

[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; F4...

(b)

[F5in the case of natural mineral water or spring water brought into Scotland from England or Wales, a treatment which complies with Articles 1 to 3 of Regulation 115/2010;

(c)

in the case of natural mineral water or spring water brought into Scotland from Northern Ireland or from an EEA State, a treatment which complies with Articles 1 and 2 of Regulation 115/2010 as it has effect in EU law;

(d)

in the case of natural mineral water or spring water brought into Scotland from a country outside the United Kingdom and the EEA, a treatment which complies with Articles 1 and 2 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)

[F6in the case of water brought into Scotland from other parts of the United Kingdom, a treatment that complies with the relevant bottled water legislation in force in that part of the United Kingdom;]

“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 “bottled” shall be construed accordingly;

F7...

[F8“Directive 96/29” means Council Directive 96/29/Euratom laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation;]

“Directive 98/83” means Council Directive 98/83/EC relating to the quality of water intended for human consumption(4) as corrected by a Corrigendum dated 20th April 2001(5);

F9...

[F10“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);]

[F8“Directive 2013/51” means Council Directive 2013/51/Euratom laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption;]

“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;

“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;

“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 [F11on account of] the following characteristics having been preserved intact because of the underground origin of the water, which [F11origin 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 [F12appropriate], by certain effects;

(ii)

its original [F13purity]; and

(d)

is for the time being recognised in accordance with regulation 4;

“parameter” means a property, element, organism or substance listed in the second column of the Tables 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 the Tables in Part 2 of Schedule 2 as measured by reference to the unit of measurement so specified;

[F14“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;]

[F15“Regulation 1169/2011” means Regulation (EU) No. 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004(b);]

[F16“relevant bottled water legislation” means—

(a)

in relation to England, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007;

(b)

in relation to Northern Ireland, the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015;

(c)

in relation to Wales, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015;]

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

[F17“third country” means any country, other than the United Kingdom, and includes—

(a)

the Bailiwick of Guernsey;

(b)

the Bailiwick of Jersey;

(c)

the Isle of Man.]

(2) Other expressions used both in these Regulations and in Council Directives [F1896/29, 98/83, F19... 2009/54 and 2013/51] have the same meaning in these Regulations as they have in the Directive concerned.

(3) Any reference in these Regulations to a numbered Article or Annex is a reference to the Article or Annex so numbered in Directive [F202009/54].

(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 after bottling.

Textual Amendments

Commencement Information

I2Reg. 2 in force at 30.10.2007, see reg. 1(1)

ExemptionsS

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

(a)has a product licence issued under the Medicines Act 1968(6) or a marketing authorisation within the meaning of the Medicines for Human Use (Marketing Authorisations etc.) Regulations 1994(7) or a marketing authorisation to which [F21the Veterinary Medicines Regulations 2009] apply;

(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

[F22(d)is a natural mineral water intended for—

(i)movement into Northern Ireland;

(ii)export to a third country.]

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

Textual Amendments

Commencement Information

I3Reg. 3 in force at 30.10.2007, see reg. 1(1)

[F23Additional languageS

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

Textual Amendments

PART 2SNatural mineral water

Recognition as natural mineral waterS

4.—(1) Water is recognised as a natural mineral water where recognition is granted–

(a)in the case of water extracted from the ground in Scotland, by the food authority, in accordance with Part 1 of Schedule 3;

(b)in the case of water extracted from the ground in another part of the United Kingdom by a responsible authority of that part of the United Kingdom pursuant to [F24relevant bottled water legislation; and]

F25(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F26(d)in the case of water extracted from the ground in a third country—

(i)by the Agency, in accordance with Part 2 of schedule 3;

(ii)in accordance with equivalent recognition in Northern Ireland granted by the relevant Agency in accordance with regulation 4(2)(d)(i) of, and Part 2 of schedule 1 of the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015;

(iii)in accordance with equivalent recognition in England granted by the Secretary of State in accordance with regulation 4(1)(d)(i) of, and Part 2 of schedule 3 of the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007; or

(iv)in accordance with equivalent recognition in Wales granted by the relevant Agency in accordance with regulation 4(2)(d)(i) of, and Part 2 of schedule 1 of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015.]

(2) Where, in relation to any water that has been recognised under paragraph (1)(a) or (d)(i), it is found–

(a)that, by analysis in accordance with Part 3 of Schedule 3, the requirements of that Part are not met;

(b)that the requirements of Schedule 4 are not met; or

(c)that the content of the water is not in accordance with paragraph 2(c) in Part 1 or, as the case may be paragraph 2(c) in Part 2 of Schedule 3,

the food authority or, as the case may be, the Agency, may withdraw that recognition until those requirements are met.

(3) Where–

(a)the food authority declines to grant or withdraws recognition of a water; or

(b)the Agency declines to grant or withdraws recognition of a water,

the person who exploits or wishes to exploit the spring from which that water emerges, or, if different, the person who owns land on which that spring is situated, may apply to the Agency for a review of that decision.

(4) Where an application for review of a decision has been made under paragraph (3), the Agency shall make such inquiry into the matter as it considers appropriate, and, having considered the results of that inquiry and any relevant facts elicited by it, shall either–

(a)confirm the decision; or

(b)direct the food authority to grant or restore or itself restore, as appropriate, recognition of the water in question.

(5) A person who exploits a spring from which there is extracted water which is recognised as a natural mineral water in accordance with paragraph 1(a) or (d)(i) may apply to the Agency or food authority, as appropriate, to have that recognition withdrawn.

(6) Where a food authority–

(a)grants, restores or withdraws recognition, it shall immediately inform the Agency of that fact;

(b)is notified of any change to the trade description of a natural mineral water or to the name of a spring from which natural mineral water has been extracted, it shall immediately inform the Agency of that change;

(c)is directed by the Agency under paragraph (4)(b) to grant or restore recognition, it shall immediately comply with that direction.

(7) Any recognition of water as a natural water granted under the Natural Mineral Waters Regulations 1985(8) or the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999(9) and subsisting on the date that these Regulations come into force shall–

(a)in the case of water extracted from the ground in Scotland, be treated as if it were recognition granted by the food authority under paragraph (1)(a); and

(b)in the case of water extracted from the ground in a [F27third country], be treated as if it were recognition granted by the Agency under paragraph (1)(d)(i); and

F28(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Schedule 5 shall have effect for the purposes specified for it in Schedule 3.

Textual Amendments

Commencement Information

I4Reg. 4 in force at 30.10.2007, see reg. 1(1)

Exploitation of natural mineral water springsS

5.—(1) No person shall exploit any spring for the purpose of marketing the water from it as natural mineral water unless–

(a)the water extracted from that spring is natural mineral water;

(b)the food authority has given permission for that spring to be exploited; and

(c)the requirements of Schedule 4 are met.

(2) Where it is found during exploitation that natural mineral water is polluted and that bottling of the water would contravene paragraph 6, 7 or 8 of Schedule 4, no person shall exploit the spring from which the water is extracted until the cause of the pollution is eradicated and the bottling of the water would comply with these paragraphs.

Commencement Information

I5Reg. 5 in force at 30.10.2007, see reg. 1(1)

Treatments and additions for natural mineral waterS

6.—[F29(1) No person shall subject natural mineral water in its state at source to—

(a)any treatment other than—

(i)an authorised ozone-enriched air oxidation technique;

(ii)the separation of its unstable elements, such as iron and sulphur compounds, by filtration or decanting, whether or not preceded by oxygenation, in so far as the treatment does not alter the composition of the water as regards the essential constituents which give it its properties;

(iii)the total or partial elimination of free carbon dioxide by exclusively physical methods; or

(iv)an authorised activated alumina treatment; or

(b)any addition other than the introduction or the re-introduction of carbon dioxide to produce effervescent natural mineral water.]

(2) Paragraph (1) shall not prevent the utilisation of natural mineral water in the manufacture of soft drinks.

Textual Amendments

Commencement Information

I6Reg. 6 in force at 30.10.2007, see reg. 1(1)

Bottling of natural mineral waterS

7.—(1) No person shall bottle any natural mineral water which, at the time of bottling, contains any substance listed in Schedule 6 at a level which exceeds the maximum limit specified in relation to that substance in that Schedule.

(2) The methods used for detection of the substances listed in Schedule 6 shall conform to the performance characteristics for analysis specified in Schedule 7.

(3) No person shall bottle any natural mineral water which does not meet the requirements of Schedule 4.

(4) No person shall bottle any natural mineral water in any container other than a container which is fitted with closures designed to avoid any possibility of adulteration or contamination.

Commencement Information

I7Reg. 7 in force at 30.10.2007, see reg. 1(1)

Marking, labelling and advertisement of natural mineral watersS

8.—(1) No person shall cause a natural mineral water to be bottled in a bottle marked or labelled with any of the following–

(a)a trade description which includes the name of a locality, hamlet or place, unless that trade description refers to a natural mineral water the spring of which is exploited at the place indicated by that description and is not misleading as regards the place of exploitation of the spring;

(b)a trade description which is different from the name of the spring or the place of its exploitation, unless the place of exploitation or the name of the spring is also marked or labelled on the bottle, using letters at least one and a half times the height and width of the largest of the letters used for that trade description;

[F30(c)any indication, designation, trade mark, brand name, picture or other sign, whether figurative or not, the use of which suggests a characteristic, which the water does not possess, in particular as regards its origin, the date of authorisation to exploit it, the results of analyses or any similar references to guarantees of authenticity;]

(d)any indication, other than those specified in sub-paragraphs (f) and (g), attributing to the natural mineral water properties relating to the prevention, treatment or cure of a human illness;

(e)any indication listed in column 1 of the table in Schedule 8, except where the natural mineral water meets the criterion, if any, corresponding to that indication;

(f)the indication “may be diuretic” or “may be laxative” unless the natural mineral water has been assessed as possessing the property attributed by the indication in accordance with physico-chemical analysis and pharmacological, physiological or clinical examination, as appropriate;

(g)the indication “stimulates digestion” or “may facilitate the hepato-biliary functions” unless the natural mineral water has been assessed as possessing the property attributed by the indication in accordance with physico-chemical analysis and pharmacological, physiological and clinical examination; or

(h)a sales description other than–

(i)in the case of an effervescent natural mineral water, one of the following–

(aa)“naturally carbonated natural mineral water” to describe water whose content of carbon dioxide from the spring after decanting, if any, and bottling is the same as at source, taking into account where appropriate the reintroduction of a quantity of carbon dioxide from the same water table or deposit equivalent to that released in the course of those operations and subject to the usual technical tolerances;

(bb)“natural mineral water fortified with gas from the spring” to describe water whose content of carbon dioxide from the [F31same water table or the same deposit] after decanting, if any, and bottling is greater than that established at source;

(cc)“carbonated natural mineral water” to describe water to which has been added carbon dioxide of an origin other than the water table or deposit from which the water comes;

(ii)in the case of a natural mineral water other than an effervescent natural mineral water, “natural mineral water”.

(2) No person shall cause natural mineral water to be bottled unless the bottle is marked or labelled with–

(a)a statement of analytical composition which statement shall indicate the characteristic constituents of the water;

(b)the name of the place where the spring is exploited and the name of the spring;

(c)in any case where it has undergone the treatment of total or partial elimination of free carbon dioxide by exclusively physical methods, the indication “fully de-carbonated” or “partially de-carbonated” as appropriate;

(d)in any case where it has undergone an authorised ozone-enriched air oxidation technique, “water subjected to an authorised ozone-enriched air oxidation technique”, which shall appear in proximity to the analytical composition of characteristic constituents; and

(e)in any case where its fluoride concentration exceeds 1.5 mg/l–

(i)“contains more than 1.5 mg/l of fluoride: not suitable for regular consumption by infants and children under 7 years of age”, which shall appear in proximity to the trade name and in clearly visible characters, and

(ii)the actual fluoride content in relation to the physico-chemical composition, which shall be included within the mandatory information referred to in paragraph (2)(a).

(3) Where in accordance with paragraph (1)(b) a bottle containing a natural mineral water is required to be marked or labelled with the place of exploitation or the name of the spring–

(a)the same requirement shall also apply to any written advertisement for that natural mineral water; and

(b)in any other advertisement, at least equivalent importance shall be given to the place of exploitation or the name of the spring as is given to the trade description.

(4) No person shall advertise any natural mineral water under any [F32indication], designation, F33..., trade mark, brand name, [F34picture] or other sign, whether [F35figurative] or not, the use of which suggests a characteristic which the water does not possess, in particular as regards its origin, the date of authorisation to exploit it, the results of analyses or any similar references to guarantees of authenticity.

(5) No person shall advertise any natural mineral water in contravention of paragraph (3).

Textual Amendments

Commencement Information

I8Reg. 8 in force at 30.10.2007, see reg. 1(1)

Sale of natural mineral waterS

9.—(1) No person shall sell any water bottled in a bottle the marking or labelling of which uses the name “natural mineral water” in or as the name of the water unless that water is natural mineral water.

(2) No person shall sell any bottled natural mineral water–

(a)which contains–

(i)Parasites or pathogenic micro-organisms,

(ii)Escherichia coli or other coliforms and faecal streptococci in any 250ml sample examined,

(iii)Sporulated sulphite-reducing anaerobes in any 50ml sample examined, or

(iv)Pseudomonas aeruginosa in any 250ml sample examined;

(b)where the total colony count of that water at the source from which that water was taken does not comply with paragraph 7 of Schedule 4;

(c)where the revivable total colony count of that water is in excess of that which would result from the normal increase in the [F36bacterial count] which it had at source; and

(d)where that water contains any organoleptic defect.

(3) No person shall sell any bottled natural mineral water–

(a)which has been extracted from a spring which is exploited in contravention of regulation 5;

(b)has been subjected to any treatment or addition in contravention of regulation 6; or

(c)is marked or labelled in contravention of regulation 8.

(4) No person shall sell any natural mineral water from one and the same spring under more than one trade description.

Textual Amendments

Commencement Information

I9Reg. 9 in force at 30.10.2007, see reg. 1(1)

PART 3SSpring water

Bottling of spring water and exploitation of spring water springsS

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

(a)has been extracted from a spring;

(b)meets the requirements of Schedule 2; and

(c)meets the requirements of Schedule 4.

(2) No person shall cause any water which has been treated with ozone-enriched air to be bottled in a bottle marked or labelled spring water, unless that treatment is an authorised ozone-enriched air oxidation technique.

[F37(2A) No person shall cause any water which has been treated with activated alumina for removal of fluoride to be bottled in a bottle marked or labelled “spring water”, unless that treatment is an authorised activated alumina treatment.]

(3) Where it is found during exploitation that spring water is polluted and that bottling of the water would contravene paragraph 6, 7 or 8 of Schedule 4 no person shall exploit the spring from which the water is extracted until the cause of the pollution is eradicated and the bottling of the water would comply with those paragraphs.

Textual Amendments

Commencement Information

I10Reg. 10 in force at 30.10.2007, see reg. 1(1)

Marking, labelling and advertisement of spring waterS

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

(a)is bottled as specified in regulation 10; and

(b)is intended for consumption in its natural state.

(2) No person shall cause any bottle containing water and marked or labelled with the description “spring water” to be marked or labelled with–

(a)a trade description including the name of a locality, hamlet or place, unless that trade description refers to a water the spring of which is exploited at the place indicated by that description and is not misleading as regards the place of exploitation of the spring;

(b)a trade description that is different from the name of the spring or the place of its exploitation unless the place of exploitation or the name of the spring is also marked or labelled on the bottle, using letters at least one and a half times the height and width of the largest of the letters used for that trade description.

(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; and

(c)in any case where the water has undergone an authorised ozone-enriched air oxidation technique, “water subjected to an authorised ozone-enriched air oxidation technique” which shall appear in proximity to the particulars referred to in sub-paragraphs (a) and (b).

(4) Where, paragraph (2)(b) would apply in relation to the labelling of a spring water to require an indication of the place of exploitation or the name of the spring in addition to a trade description–

(a)the same requirement shall also apply to any written advertisement for that spring water; and

(b)in any other advertisement, at least equivalent importance shall be given to the place of exploitation or the name of the spring as is given to the trade description.

(5) No person shall advertise any spring water in contravention of paragraph (4).

Commencement Information

I11Reg. 11 in force at 30.10.2007, see reg. 1(1)

Sale of spring waterS

12.—(1) No person shall sell any water bottled in a bottle marked or labelled with the description “spring water”–

(a)which has not been bottled in accordance with regulation 10;

(b)which is not marked or labelled in accordance with regulation 11.

(2) No person shall sell water from one and the same spring, bottled in a bottle marked or labelled with the description “spring water”, under more than one trade description.

Commencement Information

I12Reg. 12 in force at 30.10.2007, see reg. 1(1)

PART 4SBottled drinking water

Bottling of drinking waterS

13.  No person shall cause any drinking water to be bottled unless it meets the requirements of Schedule 2.

Commencement Information

I13Reg. 13 in force at 30.10.2007, see reg. 1(1)

Marking, labelling and advertising of bottled drinking waterS

14.  No person shall–

(a)cause any drinking water which is not natural mineral water to be bottled in a bottle marked or labelled with–

(i)any 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

(ii)the description “mineral water”; or

(b)cause any bottled drinking water which is not natural mineral water to be advertised under–

(i)any 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

(ii)the description “mineral water”.

Commencement Information

I14Reg. 14 in force at 30.10.2007, see reg. 1(1)

Sale of bottled drinking waterS

15.  No person shall sell any bottled drinking water–

(a)which has been bottled other than as specified in regulation 13;

(b)which has been marked or labelled other than as specified in regulation 14.

Commencement Information

I15Reg. 15 in force at 30.10.2007, see reg. 1(1)

PART 5SMiscellaneous and supplemental

EnforcementS

16.—[F38(1)] Each food authority shall, within its area–

(a)enforce and execute these Regulations;

[F39(b)carry out periodic checks on any authorised activated alumina treatment in respect of which the authorisation was granted by it in accordance with Schedule 1A, to ensure that the requirements of that Schedule continue to be satisfied;]

(c)carry out periodic checks on any water which has been recognised as a natural mineral water to ensure that–

(i)the composition, temperature and other essential characteristics of the water remain stable within the limits of [F40natural] fluctuation,

(ii)without prejudice to item (i), the composition, temperature and other essential characteristics of the water are unaffected by any variations in the rate of flow,

(iii)the viable colony count at source (before the water is subjected to any treatment) is reasonably constant, taking into account the qualitative and quantitative composition of the water considered in the recognition of the water and whether it continues to satisfy the requirements of Part 1 of Schedule 3, and

(iv)the requirements of Schedule 4 are met in relation to the water.

(d)carry out periodic checks on any ozone-enriched air oxidation technique authorised by it pursuant to Schedule 1, to ensure that the requirements of that Schedule continue to be satisfied.

[F41(2) For the purposes of carrying out the function referred to in paragraph (1)(a) in relation to bottled drinking water and spring water each food authority shall—

(a)subject to paragraph (3), carry out regular monitoring of the quality of any such water to check whether—

(i)it satisfies the requirements of Directive 98/83;

[F42(ii)it complies with the prescribed concentrations or values in Part 2 of schedule 2 and the parametric values for radon, tritium and indicative dose in Part 3 of schedule 12; and]

F43(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(v)in the case where disinfection forms part of the preparation or distribution of the water concerned, the disinfection treatment applied is efficient and any contamination from disinfection by-products is kept as low as is possible without compromising the disinfection;

F43(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)carry out additional monitoring in relation to any property, element, substance or organism which is neither a parameter nor a property, element, substance or organism set out in [F44Part 2 of schedule 2 or Part 3 of schedule 12] if the food authority 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.

[F45(e)carry out additional monitoring in accordance with Parts 1 and 2 of Schedule 12 to check whether the water complies with the relevant parametric values specified in the table in Part 3 of that Schedule;

(f)for the purpose of monitoring spring water and bottled drinking water required by sub-paragraph (e), carry out sampling and analysis in accordance with Schedule 13 to check compliance with the parametric value for indicative dose specified in the table in Part 3 of Schedule 12;

(g)for the purpose of carrying out the sampling and analysis required by sub-paragraph (f), take samples at the point at which the water is put into the bottle; and

(h)if necessary, take the remedial measures specified in Part 1 of Schedule 12.]

(3) The checks and monitoring referred to in paragraph (2)(a), F46... (d) [F47and (e)] shall be carried out using samples representative of the quality of the water concerned consumed throughout the year in which the samples are taken.]

Textual Amendments

Commencement Information

I16Reg. 16 in force at 30.10.2007, see reg. 1(1)

Arrangements for samples taken for analysisS

17.—(1) An authorised officer who has procured a sample under section 29 of the Act and who considers that it should be analysed for the purposes of these Regulations shall deal with the sample in accordance with this regulation and for the purposes of this regulation “sample” includes one or more bottles of any water.

(2) The authorised officer shall forthwith divide the sample into three parts, each part to be marked and sealed or fastened up in such manner as its nature will permit, and shall–

(a)with respect to one part of the sample comply with paragraphs (3) to (6); and

(b)deal with the remaining parts in accordance with paragraph (7).

(3) If the sample was purchased by the authorised officer, the officer shall give the part of the sample to the person from whom it was purchased.

(4) If the sample is a sample of water brought into Scotland and was taken by the authorised officer before delivery to a person who intends to sell that water in Scotland, the officer shall give the part of the sample to that person.

(5) If neither paragraph (3) nor (4) applies, the authorised officer shall give the part of the sample to the person appearing to be the owner of the water from which the sample was taken.

(6) In every case to which paragraphs (3) to (5) apply the authorised officer shall inform the person to whom the part of the sample is given that the sample was purchased or taken, as appropriate, for the purpose of analysis by a public analyst.

(7) Of the remaining parts of the sample, the authorised officer shall, if an analysis is to be carried out, submit one for analysis in accordance with section 30 of the Act, and retain the other.

(8) Any part of a sample which under this regulation is to be given to any person may be given by delivering it to that person or to an agent of that person or by sending it by registered post or the recorded delivery service; but where after reasonable enquiry the authorised officer is unable to ascertain the name and address of the person to whom the part of the sample is to be given the officer may, in lieu of giving the part to that person, retain it.

(9) If it appears to the authorised officer that any water, of which he has procured a sample for the purpose of analysis by a public analyst, was exploited or bottled by a person (not being a person to whom one part of the sample is required to be given by this regulation) whose name and an address in Scotland is displayed on the bottle or any other container, the officer shall, unless the officer decides not to have an analysis made, within three days of procuring the sample, by a notice inform that person–

(a)that the sample has been procured by the officer; and

(b)where the sample was taken or, as the case may be, from whom it was purchased.

(10) Where a sample taken or purchased by an authorised officer has been analysed by a public analyst, any person to whom a part of the sample was given under this regulation shall be entitled, upon request to the relevant food authority, to be supplied with a copy of the certificate of analysis by that authority.

Commencement Information

I17Reg. 17 in force at 30.10.2007, see reg. 1(1)

Submission of samples to the Government ChemistS

18.—(1) Where a sample has been retained under regulation 17 and–

(a)a decision has been made to send a report to the procurator fiscal or proceedings have been commenced against a person for an offence under these Regulations; and

(b)the result of the analysis carried out in accordance with regulation 17(7) is to be adduced as evidence,

paragraphs (2) to (6) apply.

(2) The authorised officer–

(a)may of the officer’s own volition; and

(b)shall–

(i)if requested by the prosecutor;

(ii)if the court so orders on the application of the prosecutor or the accused; or

(iii)if requested by the accused (subject to paragraph (5)),

send the retained part of the sample to the Government Chemist for analysis.

(3) The Government Chemist shall analyse the part sent under paragraph (2) and where the analysis is carried out–

(a)under paragraph (2)(a) or (b)(i) or (iii), provide the authorised officer; or

(b)under paragraph (2)(ii), provide the prosecutor and the accused,

with a certificate of analysis.

(4) The authorised officer shall immediately on receipt supply the prosecutor and the accused with a copy of the Government Chemist’s certificate of analysis.

(5) Where a request is made under paragraph (2)(b)(iii) the authorised officer may give notice in writing to the accused requesting payment of a fee specified in the notice in respect of the functions mentioned in paragraph (3), and in the absence of agreement by the accused to pay the fee the authorised officer may refuse to comply with the request.

(6) In this regulation “accused” includes a person who is intended to be the subject of a report to the procurator fiscal.

Commencement Information

I18Reg. 18 in force at 30.10.2007, see reg. 1(1)

Methods of analysisS

19.  Methods of analysis which accord with Article 7.5 of Directive 98/83 shall be used for the purposes of determining whether or not water satisfies the provisions of Schedule 2.

Commencement Information

I19Reg. 19 in force at 30.10.2007, see reg. 1(1)

[F48Offences and penaltiesS

20.—(1) A person is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale if that person—

(a)contravenes regulation 5, 6(1), 7(1), (3) or (4), 8, 9, 10, 11, 12, 13, 14, 15 or 22(3);

(b)fails to comply with any provision of Regulation 115/2010 specified in paragraph (2); or

(c)carries out an authorised activated alumina treatment that has a disinfectant action.

(2) The provisions are—

(a)Article 1.2 (requirement that authorised activated alumina treatments be performed in accordance with the technical requirements set out in the Annex);

(b)the first sentence of Article 2 (requirement that the release of residues into natural mineral water or spring water as a result of any authorised activated alumina treatment be as low as technically feasible according to the best practices and not pose a risk to public health);

(c)the second sentence of Article 2 (requirement that, to ensure compliance with the first sentence of Article 2, operators implement and monitor the critical processing steps set out in the Annex);

(d)Article 3.1 (requirement that the application of an authorised activated alumina treatment be notified to the competent authorities at least three months prior to use); and

(e)Article 4 as read with the second paragraph of Article 5 (requirement that, subject to a transitional provision, the label on natural mineral water or spring water subjected to any authorised activated alumina treatment include specified information in proximity to the statement of the analytical composition).]

Textual Amendments

DefencesS

21.—(1) In any proceedings for an offence under these Regulations it shall be a defence for the accused to show that–

(a)the water was bottled and marked or labelled before these Regulations came into force; and

(b)no offence would have been committed under the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999(10) as they were in force immediately before the coming into force of these Regulations.

(2) In any proceedings for an offence under these Regulations where it is alleged that water does not meet the requirements in paragraph 1(d) of Part 1 of Schedule 2, it shall be a defence for the accused to show that–

(a)the water in question was bottled or sold in [F49a third country] other than the UK; and

(b)the water complied with the law in that [F50third country] State when it was bottled or sold.

Textual Amendments

Commencement Information

I20Reg. 21 in force at 30.10.2007, see reg. 1(1)

Application of other provisionsS

22.—(1) The following provisions of the Act shall apply for the purposes of these Regulations and any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations–

(a)section 2 (extended meaning of “sale” etc.);

(b)section 3 (presumption that food intended for human consumption);

(c)section 20 (offences due to fault of another person);

(d)section 21 (defence of due diligence) as it applies for the purposes of sections 14 or 15;

(e)section 22 (defence of publication in the course of business);

(f)section 30(8) (which relates to documentary evidence);

(g)section 33 (obstruction etc. of officers);

(h)section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2) as applied by sub-paragraph (g);

(i)section 36 (offences by bodies corporate);

(j)section 36A (offences by Scottish partnerships); and

(k)section 44 (protection of officers acting in good faith).

(2) Regulation 38 (intelligibility) of the Food Labelling Regulations 1996(11) shall apply to any name, description, information or other wording with which water is required or permitted by these Regulations to be marked or labelled, at it applies to particulars required to be labelled under the Food Labelling Regulations 1996.

(3) No person shall sell any water to which these Regulations apply if the bottle in which it is bottled is not marked or labelled in accordance with regulation 38 of the Food Labelling Regulations 1996 as applied by paragraph (2).

Commencement Information

I21Reg. 22 in force at 30.10.2007, see reg. 1(1)

RevocationsS

23.—(1) The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999 are revoked.

(2) The Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) (Scotland) Regulations 2003(12) and the Natural Mineral Water, Spring Water and Bottled Drinking Water Amendment (Scotland) Regulations 2004(13) are revoked.

(3) The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Regulations 2007(14) are revoked.

Commencement Information

I22Reg. 23 in force at 30.10.2007, see reg. 1(1)

SHONA ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

29th October 2007

Regulations 2(1) and 16(2)

SCHEDULE 1SConditions for treatment of natural mineral waters and spring waters with ozone-enriched air

1.  Treatment of natural mineral waters and spring waters with ozone-enriched air shall only be carried out if–S

(a)it is for the purpose of separating compounds of iron, manganese, sulphur and arsenic from water in which they occur naturally at source;

(b)prior to treatment the requirements of paragraphs 3, 4 and 5 of Schedule 4 are satisfied; and

(c)the treatment does not have a disinfectant action.

Commencement Information

I23Sch. 1 para. 1 in force at 30.10.2007, see reg. 1(1)

2.  Treatment of natural mineral waters and spring waters with ozone-enriched air shall not–S

(a)modify the physico-chemical composition of the water in terms of its characteristic constituents; or

(b)leave residues in the water which could pose a risk to public health, or, in the case of the substances listed below, above the levels specified:

Treatment residueMaximum limit (μg/l)
Dissolved ozone50
Bromates3
Bromoforms1

Commencement Information

I24Sch. 1 para. 2 in force at 30.10.2007, see reg. 1(1)

3.  A person seeking to have a process of treatment with ozone-enriched air authorised shall–S

(a)make application in writing to the food authority within whose area the water is extracted;

(b)permit representatives of that authority to examine the proposed method of treatment, and place of treatment, and take samples for analysis in accordance with regulation 17; and

(c)provide such information in support of the application as it requested by the food authority.

Commencement Information

I25Sch. 1 para. 3 in force at 30.10.2007, see reg. 1(1)

4.  The food authority shall assess the application and any information in its possession and shall authorise the treatment if it is satisfied that–S

(a)the treatment process is justified by the composition of the water at source;

(b)the person carrying out the treatment is taking all necessary measures to ensure that the treatment is effective and safe; and

(c)the treatment process otherwise complies with paragraphs 1 and 2.

Commencement Information

I26Sch. 1 para. 4 in force at 30.10.2007, see reg. 1(1)

5.  Where the food authority decides to authorise a treatment process pursuant to paragraph 4, it shall inform the operator of the treatment process in writing, and state the date from which the authorisation for commercial use of the treatment has effect.S

Commencement Information

I27Sch. 1 para. 5 in force at 30.10.2007, see reg. 1(1)

6.  Where the food authority refuses to authorise a treatment process pursuant to paragraph 4, it shall inform the operator of the treatment process in writing, stating its reasons.S

Commencement Information

I28Sch. 1 para. 6 in force at 30.10.2007, see reg. 1(1)

7.  Where a treatment process has been authorised pursuant to paragraph 4, the person carrying out the treatment must, for the purpose of enabling the food authority to assess whether the conditions in paragraph 4(a) and (b) continue to be satisfied–S

(a)permit representatives of the authority to examine the method of treatment and place of treatment and take samples for analysis in accordance with regulation 17; and

(b)provide such information related to the treatment as is requested by the authority.

Commencement Information

I29Sch. 1 para. 7 in force at 30.10.2007, see reg. 1(1)

8.  If the food authority is satisfied that the conditions in paragraph 4 are no longer fulfilled, it may withdraw authorisation of a treatment by giving the person operating that treatment a written notice stating the grounds for withdrawal.S

Commencement Information

I30Sch. 1 para. 8 in force at 30.10.2007, see reg. 1(1)

9.  Where the food authority decides either not to grant or to withdraw authorisation of a treatment under paragraph 6 or paragraph 8 respectively, the person who wishes to carry out the treatment process may apply to the Agency for a review of that decision.S

Commencement Information

I31Sch. 1 para. 9 in force at 30.10.2007, see reg. 1(1)

10.  Upon receiving the application for review, the Agency shall make such inquiry into the matter as may seem to the Agency to be appropriate and, having considered the results of that enquiry and any relevant facts elicited by it, shall either confirm the decision or direct the food authority to grant or restore, as appropriate, authorisation of the treatment process in operation. In the case of such a direction the food authority shall comply with the said direction.S

Commencement Information

I32Sch. 1 para. 10 in force at 30.10.2007, see reg. 1(1)

Regulations 2(1) and 16(1)(b)

[F51SCHEDULE 1ASCONDITIONS FOR TREATMENT OF NATURAL MINERAL WATER AND SPRING WATER WITH ACTIVATED ALUMINA TO REMOVE FLUORIDE

Textual Amendments

1.  A person seeking to have authorised a treatment of natural mineral water and spring water with activated alumina in order to remove fluoride shall—S

(a)apply in writing to the food authority within whose area the water is extracted;

(b)permit representatives of that authority to examine the proposed method of treatment and place of treatment and take samples for analysis in accordance with regulation 17; and

(c)provide such information in support of the application as is requested by the food authority.

2.  The food authority shall assess the application and any information in its possession and shall authorise the treatment if it is satisfied that—S

(a)Articles 1 to 3 of Regulation 115/2010 are complied with in relation to the treatment; and

(b)the treatment does not have a disinfectant action.

3.  Where the food authority decides to authorise a treatment pursuant to paragraph 2, it shall inform the applicant in writing and state the date from which the authorisation for commercial use of the treatment has effect.S

4.  Where the food authority refuses to authorise a treatment pursuant to paragraph 2, it shall inform the applicant in writing, stating its reasons.S

5.  Where a treatment has been authorised pursuant to paragraph 2, the person carrying out the treatment must, for the purpose of enabling the food authority to assess whether the conditions in paragraph 2 continue to be satisfied—S

(a)permit representatives of the authority to examine the method of treatment and place of treatment and take samples for analysis in accordance with regulation 17; and

(b)provide such information related to the treatment as is requested by the authority.

6.  If the food authority is satisfied that the conditions specified in paragraph 2 are no longer fulfilled, it may withdraw authorisation of a treatment by giving the person carrying out the treatment a written notice stating the grounds for withdrawal.S

7.  Where the food authority has informed an applicant under paragraph 4 of its refusal to authorise a treatment under paragraph 2 or withdraws authorisation of a treatment under paragraph 6, the person who wishes to carry out the treatment may apply to the Agency for a review of that decision.S

8.  Upon receiving the application for review, the Agency shall—S

(a)make such enquiry into the matter as may seem to the Agency to be appropriate; and

(b)having considered the results of that enquiry and any relevant facts elicited by it, either confirm the decision or direct the food authority to grant or restore, as appropriate, authorisation of the treatment in respect of which the application was made.

9.  In the case of such a direction, the food authority shall comply with the direction.]S

Regulations 2(1), 10(1)(b), 13, 19 and 21(2)

SCHEDULE 2SRequirements for spring water and drinking water including prescribed concentrations or values of parameters

PART 1SRequirements for spring water and drinking water

1.  Water satisfies the requirements of this Schedule if–S

(a)the water does not contain–

(i)any micro-organism (other than a parameter) or parasite; or

(ii)any property, element or substance (other than a parameter),

at a concentration or value which would constitute a potential danger to human health;

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

(c)the water does not contain concentrations or values of any of the parameters listed in Tables A to D in Part 2 of this Schedule in excess of the prescribed concentrations or values; and

(d)in the case of water prepared from water which has been softened or desalinated, its hardness is not below a minimum concentration of 60 mg Ca/l.

Commencement Information

I33Sch. 2 Pt. 1 para. 1 in force at 30.10.2007, see reg. 1(1)

2.  The concentrations or values of the parameters listed in Tables A to D in Part 2 of this Schedule shall be read in conjunction with the notes thereto.S

Commencement Information

I34Sch. 2 Pt. 1 para. 2 in force at 30.10.2007, see reg. 1(1)

PART 2SPrescribed concentrations or values

Commencement Information

I35Sch. 2 Pt. 2 in force at 30.10.2007, see reg. 1(1)

Table A

Column 1Column 2Column 3Column 4
ItemParametersUnits of MeasurementConcentration or Value (maximum unless otherwise stated)

Notes:

1.

The concentration (mg/l) of nitrate divided by 50 added to the concentration (mg/l) of nitrite divided by 3 must not exceed 1.

2.

Excluding tritium, potassium 40, radon and radon decay products.

1.Colourmg/1 Pt/Co scale20
2.TurbidityNTU4
3.OdourDilution number3 at 25°C
4.TasteDilution number3 at 25°C
5.Sulphatemg SO4/1250
6.Sodiummg Na/l200
7.Nitratemg NO3/l50 (note 1)
8.Nitritemg NO2/l0.5 (note 1)
9.AluminiumμgAl/l200
10.Coppermg Cu/l2
11.Fluoridemg F/l1.5
12.Hydrogen ion concentrationpH units

4.5 (minimum)

9.5 (maximum)

13.F52...F52...F52...
14.F52...F52...F52...
15.Manganeseμg Mn/l50

Textual Amendments

Table B

Column 1Column 2Column 3Column 4
ItemParametersUnits of MeasurementMaximum Concentration

Notes:

1.

Pesticides” means:

  • organic insecticides,

  • organic herbicides,

  • organic fungicides,

  • organic nematocides,

  • organic acaricides,

  • organic algicides,

  • organic rodenticides,

  • organic slimicides, and

related products (inter alia, growth regulators) and their relevant metabolites, degradation and reaction products.

Only those pesticides which are likely to be present in a given water need to be monitored.

2.

The maximum concentration applies to each individual pesticide. In the case of aldrin, dieldrin, heptaclor and heptachlor epoxide the maximum concentration is 0.030 μg/l.

3.

The maximum concentration for “total substances” refers to the sum of the concentrations of all individual pesticides detected and quantified in the monitoring procedure.

4.

The specified compounds are benzo(b)fluoranthene, benzo(k)fluoranthene, benzo(ghi)perylene, indeno(1.2,3 cd) pyrene.

1.Arsenicμg As/l10
2.Cadmiumμg Cd/l5
3.Cyanideμg CN/l50
4.Chromiumμg Cr/l50
5.Mercuryμg Hg/l1
6.Nickelμg Ni/l20
7.Seleniumμg Se/l10
8.Antimonyμg Sb/l5
9.Leadμg Pb/l10
10.Pesticides and related products:
– individual substancesμg/l0.10 (notes 1 and 2)
– total substancesμg/l0.50 (notes 1 and 3)
11.Polycyclic aromatic Hydrocarbonsμg/l0.1 sum of concentrations of specified compounds (note 4)
12.Bromateμg BrO3/l10

Table C

Column 1Column 2Column 3Column 4
ItemParametersUnits of MeasurementMaximum Concentration

Notes:

1.

The total viable colony count should be measured within 12 hours of bottling, with the sample water being kept at a constant temperature during that 12 hour period. Any increase in the total viable colony count of the water between 12 hours after bottling and the time of sale should not be greater than that normally expected.

2.

In 72 hours on agar-agar or an agar-gelatine mixture.

3.

In 24 hours on agar-agar.

1.

Escherichia coli

(E.coli)

number/250 ml0/250 ml
2.Enterococcinumber/250 ml0/250 ml
3.Colony count 22°Cnumber/ml100/ml (notes 1 and 2)
4.Colony count 37°Cnumber/ml20/ml (notes 1 and 3)
5.Pseudomonas aeruginosanumber/250/ml0/250 ml

Table D

Column 1Column 2Column 3Column 4
ItemParametersUnit of MeasurementsMaximum Concentration

Notes:

1.

The maximum concentration specified applies to the sum of the concentrations of the specified parameters.

2.

The parametric value refers to the residual monomer concentration in the water as calculated according to specifications of the maximum release from the corresponding polymer in contact with the water.

1.BoronMg B/l1.0
2.Benzo (a) pyreneμg/l0.010
3.Tetrachloroethene and Trichloroetheneμg/l10 (note 1)
4.Tetrachloromethaneμg/l3
5.Benzeneμg/l1.0
6.1,2-dichloroethaneμg/l3.0
7.Trichloromethane, Dichlororbromomethane, Dibromochloromethane and Tribromomethaneμg/l100 (note 1)
8.Epichlorohydrinμg/l0.10 (note 2)
9.Vinyl chlorideμg/l0.50 (note 2)
10.Acrylamideμg/l0.10 (note 2)

Regulations 4(1)(a) and (d)(i), (2)(a) and (c), (8) and (9) and 16(1)(c)(ii)

SCHEDULE 3SRecognition of natural mineral waters

PART 1SNatural mineral waters extracted from the ground in Scotland

1.  A person seeking to have water which is extracted from the ground in Scotland recognised as a natural mineral water for the purposes of Article 1 shall make application in writing to the food authority within whose area the water is extracted, giving the particulars set out in paragraph 2.S

Commencement Information

I36Sch. 3 Pt. 1 para. 1 in force at 30.10.2007, see reg. 1(1)

2.  The particulars are–S

(a)the particulars in paragraph 1 of Part 3;

(b)any other information showing that the matters specified in paragraphs 2 and 3 of Part 3 are established; and

(c)such evidence as is satisfactory to show that the water contains no substance listed in Schedule 6 at a level which exceeds the maximum limit specified in relation to that substance in that Schedule.

Commencement Information

I37Sch. 3 Pt. 1 para. 2 in force at 30.10.2007, see reg. 1(1)

3.  In so far as particulars of any of the anions, cations, non-ionised compounds or trace elements specified in column 1 of Schedule 5 are required to be given pursuant to sub-paragraph (b) of paragraph 2, the concentration of each such anion, cation, non-ionised compound or trace element shall, in those particulars, be expressed in the unit of measurement specified opposite it in column 2 of that Schedule.S

Commencement Information

I38Sch. 3 Pt. 1 para. 3 in force at 30.10.2007, see reg. 1(1)

4.  Where such particulars have been given, the food authority shall assess them and shall recognise the water to which those particulars relate as natural mineral water if it is satisfied that–S

(a)the water is natural mineral water which complies with paragraph 3 of Section I of Annex I; and

(b)the characteristics of the water have been assessed in accordance with–

(i)the points numbered 1 to 4 set out in paragraph 2(a) of Section I of Annex I,

(ii)the requirements and criteria listed in Part 3 of this Schedule, and

(iii)recognised scientific methods.

Commencement Information

I39Sch. 3 Pt. 1 para. 4 in force at 30.10.2007, see reg. 1(1)

5.  The food authority shall, on recognising a natural mineral water in accordance with paragraph 4, publish an announcement of such recognition and the grounds on which it has been granted, in the Edinburgh Gazette.S

Commencement Information

I40Sch. 3 Pt. 1 para. 5 in force at 30.10.2007, see reg. 1(1)

PART 2SNatural mineral waters extracted from the ground in a [F53third country]

Textual Amendments

1.  A person seeking to have a water which is extracted from the ground in a [F54third country] recognised as a natural mineral water for the purposes of Article 1 shall make application in writing to the Agency, giving the particulars set out in paragraph 2.S

Textual Amendments

Commencement Information

I41Sch. 3 Pt. 2 para. 1 in force at 30.10.2007, see reg. 1(1)

2.  The particulars are–S

(a)those specified in paragraph 1 of Part 3;

(b)any other information showing that the matters specified in paragraphs 2 and 3 of Part 3; are established; and

(c)such evidence as is satisfactory to show that the water contains no substance listed in Schedule 6 at a level which exceeds the maximum limit specified in relation to that substance in that Schedule.

Commencement Information

I42Sch. 3 Pt. 2 para. 2 in force at 30.10.2007, see reg. 1(1)

3.  In so far as particulars of any of the anions, cations, non-ionised compounds or trace elements specified in column 1 of Schedule 5 are required to be given pursuant to sub-paragraph (b) of paragraph 2, the concentration of each such anion, cation, non-ionised compound or trace element shall be expressed in those particulars in the unit of measurement specified opposite it in column 2 of that Schedule.S

Commencement Information

I43Sch. 3 Pt. 2 para. 3 in force at 30.10.2007, see reg. 1(1)

4.  The Agency shall not recognise such a water unless the responsible authority of the country in which the water is extracted has certified that–S

(a)it is satisfied–

(i)that the requirements in paragraphs 2 and 3 of Part 3 are established; and

(ii)with the evidence given pursuant to sub-paragraph (c) of paragraph 2; and

(b)periodic checks are made to ascertain that–

(i)the water is natural mineral water which complies with paragraph 3 of Section I of Annex I;

(ii)the characteristics of the water are assessed in accordance with–

(aa)the points numbered 1 to 4 set out in paragraph 2(a) of Section I of Annex I;

(bb)the requirements and criteria listed in Part 3; and

(cc)recognised scientific methods; and

(iii)the provisions of Schedule 4 are being applied by the person exploiting the spring.

Commencement Information

I44Sch. 3 Pt. 2 para. 4 in force at 30.10.2007, see reg. 1(1)

5.  Recognition of such water shall lapse after a period of five years unless the responsible authority of the country in which the water is extracted has renewed the certification required by paragraph 4.S

Commencement Information

I45Sch. 3 Pt. 2 para. 5 in force at 30.10.2007, see reg. 1(1)

6.  The Agency shall, on recognising water in accordance with this Part of this Schedule, publish an announcement of such recognition in the Edinburgh Gazette, the London Gazette and the Belfast Gazette.S

Commencement Information

I46Sch. 3 Pt. 2 para. 6 in force at 30.10.2007, see reg. 1(1)

PART 3SRequirements and criteria for recognition as a natural mineral water

1.  Geological and hydrological surveys must include the following particulars–S

(a)the exact site of the catchment with indication of its altitude, on a map with a scale of not more than 1:1,000;

(b)a detailed geological report on the origin and nature of the terrain;

(c)the stratigraphy of the hydrogeological layer;

(d)a description of the catchment operations; and

(e)the demarcation of the area or details of other measures protecting the spring against pollution.

Commencement Information

I47Sch. 3 Pt. 3 para. 1 in force at 30.10.2007, see reg. 1(1)

2.  Physical, chemical and physico-chemical surveys must establish–S

(a)the rate of flow of the spring;

(b)the temperature of the water at source and the ambient temperature;

(c)the relationship between the nature of the terrain and the nature and type of minerals in the water;

(d)the dry residues at 180°C and 260°C;

(e)the electrical conductivity or resistivity, with the measurement temperature being specified;

(f)the hydrogen ion concentration (pH);

(g)the anions and cations;

(h)the non-ionized elements;

(i)the trace elements;

(j)the radio-actinological properties at source;

(k)where appropriate, the relative isotope levels of the constituent elements of water, oxygen (16O — 18O) and hydrogen (protium, deuterium, tritium);

(l)the toxicity of certain constituent elements of the water, taking account of the limits laid down for each of them.

Commencement Information

I48Sch. 3 Pt. 3 para. 2 in force at 30.10.2007, see reg. 1(1)

3.  Microbiological analysis at source must show–S

(a)the absence of parasites and pathogenic micro-organisms;

(b)quantitative determination of the revivable colony count indicative of faecal contamination, demonstrating–

(i)absence of Escherichia coli and other coliforms in 250 ml at 37°C and 44.5°C;

(ii)absence of faecal streptococci in 250 ml;

(iii)absence of sporulated sulphite-reducing anaerobes in 50 ml;

(iv)absence of Pseudomonas aeruginosa in 250 ml;

(c)the revivable total colony count per ml of water–

(i)at 20 to 22°C in 72 hours on agar-agar or an agar-gelatine mixture,

(ii)at 37°C in 24 hours on agar-agar.

Commencement Information

I49Sch. 3 Pt. 3 para. 3 in force at 30.10.2007, see reg. 1(1)

4.—(1) Subject to sub paragraph (2), clinical and pharmacological analyses must be carried out in accordance with scientifically recognised methods and should be suited to the particular characteristics of the natural mineral water and its effects on the human organism, such as diuresis, gastric and intestinal functions, compensation for mineral deficiencies.S

(2) Clinical analyses may, in appropriate cases, take the place of analyses referred to in sub paragraph (1) provided that the consistency and concordance of a substantial number of observations enable the same results to be obtained.

Commencement Information

I50Sch. 3 Pt. 3 para. 4 in force at 30.10.2007, see reg. 1(1)

Regulations 4(2)(b), (5)(1)(c) and (2), 7(3), 9(2)(b), 10(1)(c) and (3) and 16(1)(a)(iv) and paragraph 1(b) of Schedule 1 and paragraph 4(b)(iii) of Part 2 of Schedule 3

SCHEDULE 4SExploitation and bottling requirements for natural mineral water and spring water

1.  Equipment for exploiting the water must be so installed as to avoid any possibility of contamination and to preserve the properties corresponding to those ascribed to it which the water possesses at source.S

Commencement Information

I51Sch. 4 para. 1 in force at 30.10.2007, see reg. 1(1)

2.  The spring or outlet must be protected against the risks of pollution.S

Commencement Information

I52Sch. 4 para. 2 in force at 30.10.2007, see reg. 1(1)

3.  The catchment, pipes and reservoirs must be of materials suitable for water and so built as to prevent any chemical, physico-chemical or microbiological alteration of the water.S

Commencement Information

I53Sch. 4 para. 3 in force at 30.10.2007, see reg. 1(1)

4.  The conditions of exploitation, particularly the washing and bottling [F55equipment], must meet hygiene requirements. In particular, the containers must be so treated or manufactured as to avoid adverse effects on the microbiological and chemical characteristics of the F56... water.S

Textual Amendments

Commencement Information

I54Sch. 4 para. 4 in force at 30.10.2007, see reg. 1(1)

5.—(1) Subject to sub-paragraphs (2) and (3), water must not be transported in containers other than those authorised for distribution to the ultimate consumer;S

(2) Natural mineral water may be transported from the spring to the bottling plant in a container which is not for distribution to the ultimate consumer if, on or before 17th July 1980 water from that spring was so transported;

(3) Water distributed to the ultimate consumer in a bottle marked or labelled with the description “spring water” may be transported from the spring to the bottling plant in a container which is not for distribution to the ultimate consumer if, on or before [F5713th December 1996], water from that spring was so transported.

Textual Amendments

Commencement Information

I55Sch. 4 para. 5 in force at 30.10.2007, see reg. 1(1)

6.—(1) The revivable total colony count of the water at source, determined according to sub paragraph (2), shall conform to the normal viable colony count of that water and must not show that the source of that water is contaminated.S

(2) The water colony count is that determined per ml of water–

(a)at 20 to 22°C in 72 hours on agar agar or an agar gelatine mixture;

(b)at 37°C in 24 hours on agar agar.

Commencement Information

I56Sch. 4 para. 6 in force at 30.10.2007, see reg. 1(1)

7.—(1) After bottling, the total colony count at source may not exceed–S

(a)100 per ml at 20 to 22°C in 72 hours on agar agar or an agar gelatine mixture; and

(b)20 per ml at 37°C in 24 hours on agar agar.

(2) The total colony count shall be measured within the period of 12 hours following bottling, the water being maintained at 4°C +/− 1°C during that period.

Commencement Information

I57Sch. 4 para. 7 in force at 30.10.2007, see reg. 1(1)

8.  [F58Both at source and during its marketing, water] shall be free from–S

(a)parasites and pathogenic micro organisms;

(b)Escherichia coli and other coliforms and faecal streptococci in any 250 ml sample examined;

(c)sporulated sulphite-reducing anaerobes in any 50 ml sample examined; and

(d)Pseudomonas aeruginosa in any 250 ml sample examined.

Textual Amendments

Commencement Information

I58Sch. 4 para. 8 in force at 30.10.2007, see reg. 1(1)

Regulation 4(9) and paragraph 3 of Part 1 of Schedule 3

SCHEDULE 5SParticulars of anions, cations, non-ionised compounds and trace elements

Commencement Information

I59Sch. 5 in force at 30.10.2007, see reg. 1(1)

AnionsUnit of measurement
Borate BO3 −mg/1
Carbonate CO32−mg/1
Chloride Cl−mg/1
Fluoride F−mg/l
Hydrogen Carbonate HCO3−mg/1
Nitrate NO3−mg/1
Nitrite NO2−mg/1
Phosphate PO43−mg/1
Silicate SiO2mg/1
Sulphate SO42−mg/1
Sulphide S2−mg/1
CationsUnit of measurement
Aluminium A1mg/1
Ammonium NH4+;mg/1
Calcium Camg/1
Magnesium Mgmg/1
Potassium Kmg/l
Sodium Namg/1
Non-ionised compoundsUnit of measurement
Total organic carbon Cmg/1
Free carbon dioxide CO2mg/1
Silica SiO2mg/1
Trace elementsUnit of measurement
Barium Baμg/l
Bromine (total) Brμg/l
Cobalt Coμg/l
Copper Cuμg/l
Iodine (total) Iμg/l
Iron Feμg/l
Lithium Liμg/l
Manganese Mnμg/l
Molybdenum Moμg/l
Strontium Srμg/l
Zinc Znμg/1

Regulation 7(1) and (2) and Part 1 of Schedule 3 and paragraph 2(c) of Part 2 of Schedule 3

SCHEDULE 6SMaximum limits for constituents of natural mineral waters

Commencement Information

I60Sch. 6 in force at 30.10.2007, see reg. 1(1)

ConstituentsMaximum limits (mg/l)

Note:

The constituents described above refer to constituents naturally present in the water at source and not to substances present as the result of contamination.

Antimony0.0050
Arsenic0.010 (as total)
Barium1.0
Cadmium0.003
Chromium0.050
Copper1.0
Cyanide0.070
Fluoride5.0
Lead0.010
Manganese0.50
Mercury0.0010
Nickel0.020
Nitrate50.0
Nitrite0.1
Selenium0.010

Regulation 7(2)

SCHEDULE 7SPerformance characteristics for analysing the constituents in Schedule 6

Commencement Information

I61Sch. 7 in force at 30.10.2007, see reg. 1(1)

ConstituentAccuracy of parametric value in %Precision of parametric valueDetection limit of parametric value in %

Notes:

1.

The method of analysis used to measure the concentration of the constituents in Schedule 6 shall be able to measure at least concentrations equal to the parametric value with the specified accuracy, precision and detection limits.

2.

Regardless of the sensitivity of the method of analysis, the result must be expressed to the same number of decimal places as the maximum limit set out in Schedule 6 for the particular constituent being analysed.

3.

Accuracy is the systematic error and represents the difference between the average value of a large number of repeated measurements and the exact value.

4.

Precision represents the random error and is expressed in general as the standard deviation (within a batch and between batches) of a sample of results from the average.

5.

Acceptable precision is equal to twice the relative standard deviation.

6.

The detection limit is–

(a)

three times the relative standard deviation within a batch of a natural sample containing a low concentration of the constituent; or

(b)

five times the relative standard deviation within a batch of a virgin sample.

7.

The method should make it possible to determine total cyanide in all its forms.

Antimony252525
Arsenic101010
Barium252525
Cadmium101010
Chromium101010
Copper101010
Cyanide101010
Fluoride101010
Lead101010
Manganese101010
Mercury201020
Nickel101010
Nitrate101010
Nitrite101010
Selenium101010

Regulation 8(1)(e)

SCHEDULE 8SLabelling indications for natural mineral water and criteria for use

Commencement Information

I62Sch. 8 in force at 30.10.2007, see reg. 1(1)

IndicationCriteria
Low mineral contentMineral salt content, calculated as a fixed residue, not greater than 500 mg/l
Very low mineral contentMineral salt content, calculated as a fixed residue, not greater than 50 mg/l
Rich in mineral saltsMineral salt content, calculated as a fixed residue, greater than 1500 mg/l
Contains bicarbonateBicarbonate content greater than 600 mg/l
Contains sulphateSulphate content greater than 200 mg/l
Contains chlorideChloride content greater than 200 mg/l
Contains calciumCalcium content greater than 150 mg/l
Contains magnesiumMagnesium content greater than 50 mg/l
Contains fluorideFluoride content greater than 1 mg/l
Contains ironBivalent iron content greater than 1 mg/l
AcidicFree carbon dioxide content greater than 250 mg/l
Contains sodiumSodium content greater than 200 mg/l
Suitable for a low-sodium dietSodium content less than 20 mg/l

Regulation 16(2)(a)(iii), (b)(ii) and (d)

F59SCHEDULE 9SPROPERTIES, ELEMENTS, SUBSTANCES AND ORGANISMS, NOT BEING PARAMETERS, WHOSE CONCENTRATION OR VALUE IN BOTTLED DRINKING WATER AND SPRING WATER MUST BE DETERMINED BY AUDIT MONITORING

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 16(2)(b)(i)

F60SCHEDULE 10SPARAMETERS , PROPERTIES, ELEMENTS, SUBSTANCES AND ORGANISMS IN RELATION TO WHICH CHECK MONITORING MUST BE CARRIED OUT

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 16(2)(c)

F61SCHEDULE 11SMINIMUM FREQUENCIES FOR SAMPLING AND ANALYSIS OF SPRING WATER AND BOTTLED DRINKING WATER

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Regulation 16(2)(e), (f) and (h)

[F62SCHEDULE 12SMonitoring for radioactive substances in spring water and bottled drinking water

Textual Amendments

PART 1SGeneral

GeneralS

1.  Each food authority must monitor spring water and bottled drinking water for radon, tritium and indicative dose in accordance with this Schedule.

Indicative doseS

2.  Each food authority must monitor spring water and bottled water for indicative dose if a source of artificial or elevated natural radioactivity is present and it cannot be shown on the basis of representative monitoring programmes or other investigations that the level of indicative dose is below the parametric value specified in the table in Part 3.

3.  Sampling must be carried out at the frequencies specified in the table in Part 2.

4.  A food authority may use various reliable screening strategies to monitor for the parametric indicator value for indicative dose.

5.  Subject to paragraph 7, if a food authority screens for gross alpha activity and gross beta activity and—

(a)the screening level for gross alpha activity is or exceeds 0.1 Bq/1; or

(b)the screening level for gross beta activity is or exceeds 1.0 Bq/1,

that food authority must investigate the presence of other radionuclides as determined by the food authority, taking into account all relevant information about likely sources of radioactivity.

6.  If a food authority screens for an individual radionuclide or certain radionuclides and—

(a)one of the activity concentrations exceeds 20% of the corresponding derived value; or

(b)where applicable, the concentration of tritium exceeds the parametric value specified in the table in Part 3,

the food authority must investigate the presence of radionuclides, as determined by the food authority, taking into account all relevant information about likely sources of radioactivity.

7.  Paragraph 5 does not prohibit a food authority from screening at alternative levels for gross alpha activity and gross beta activity if it can demonstrate that the alternative levels are in compliance with an indicative dose of 0.1mSv.

8.  If the gross alpha activity and gross beta activity are less than 0.1 Bq/l and 1.0 Bq/1 respectively, a food authority may assume that the indicative dose is less than the parametric value of 0.1 mSv in which case further radiological investigation is not required unless it is known from other sources of information that specific radionuclides are present in the water that are liable to cause an indicative dose at or in excess of 0.1 mSv.

TritiumS

9.  Each food authority must monitor spring water and bottled drinking water for tritium if an artificial source of tritium or other artificial radionuclide(s) is present within the catchment area and it cannot be shown on the basis of other surveillance programmes or investigations that the level of tritium is below the parametric value specified in the table in Part 3.

10.  Sampling must be carried out at the frequencies specified in the table in Part 2.

11.  If the concentration of tritium exceeds the parametric value specified in the table in Part 3, the food authority must investigate the presence of other artificial radionuclides.

RadonS

12.  Each food authority must provide representative surveys to determine the scale and nature of likely exposure to radon in spring water and bottled drinking water originating from different types of ground water sources and wells in different geological areas.

13.  The representative surveys must be designed in such a way that underlying parameters, including the geology and hydrology of the area, radioactivity of rock or soil and well type, can be identified and used to direct further action to areas of likely high exposure.

14.  Sampling must be carried out at the frequencies specified in the table in Part 2.

15.  Each food authority must monitor spring water and bottled drinking water for radon if there is a reason to believe, on the basis of the results of the representative surveys or other reliable information, that the parametric value for radon specified in the table in Part 3 might be exceeded.

Exemption from monitoringS

16.  A food authority may apply to Food Standards Scotland for an exemption from the requirement to monitor spring water or bottled drinking water for radon, tritium or indicative dose if

(a)it is satisfied on the basis of representative surveys, monitoring data or other reliable information provided by the food business operator that, for a minimum period of five years, the parameter in question will remain below its respective parametric value specified in the table in Part 3; and

(b)it provides Food Standards Scotland with a copy of the representative surveys, monitoring data or other reliable information referred to in sub-paragraph (a),

and if it agrees with the food authority’s recommendation, Food Standards Scotland may grant the exemption for such period and subject to such conditions as it thinks fit.

Treatment of bottled drinking waterS

17.  Where bottled drinking water has been treated to reduce the level of radionuclides, the food authority must carry out monitoring at the frequencies indicated in the table in Part 2 to ensure the continued efficacy of that treatment.

AveragingS

18.  If a parametric value specified in the table in Part 3 is exceeded in a sample of spring water or bottled drinking water, the food authority must take further samples, as appropriate, having regard to any guidance issued by Food Standards Scotland to ensure that the measured values are representative of an average activity concentration for a full year.

Remedial actionS

19.—(1) If a food authority determines that spring water or bottled drinking water does not comply with the parametric concentrations or values set out in this Schedule, the food authority 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 and, where necessary, protect human health;

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

(e)in respect of any parameter specified in the table in Part 2, notify the general public of the risks and remedial action taken and advise the general public of any additional precautionary measures that may be needed for the protection of human health in respect of radioactive substances.

(2) If spring water or bottled drinking water constitutes a potential danger to human health, irrespective of whether it meets the relevant parametric values in this Schedule, a food authority 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 functions in paragraph (2), the food authority 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.

PART 2SMinimum sampling and analysis frequencies

(1)

The volumes are calculated as averages taken over a calendar year.

(2)

As far as possible, the number of samples should be distributed equally in time and location.

Volume of water bottled each day

m 3(1)

Number of samples per year(2)
volume ≤ 1001
100 < volume ≤ 1,0001
1,000 < volume ≤ 10,000

1

+1 for each 3,300 m3/d and part thereof of the total volume

10, 000 < volume ≤ 100,000

3

+1 for each 10,000 m3/d and part thereof of the total volume

volume > 100,000

10

+1 for each 25,000 m3/d and part thereof of the total volume

PART 3SParametric values for radon, tritium and indicative dose

(1)

Remedial action is deemed to be justified on radiological protection grounds, without further consideration, where radon concentrations exceed 1000 Bq/l.

(2)

Elevated levels of tritium may indicate the presence of other artificial radionuclides. If the tritium concentration exceeds its parametric value, an analysis of the presence of other artificial radionuclides shall be required.]

ItemParameterUnit of MeasurementParametric Value
1.RadonBq/l100 (1)
2.TritiumBq/l100 (2)
3.indicative dosemSv0.10

Regulation 16(2)(f)

[F63SCHEDULE 13SSampling and analysis for indicative dose in spring water and bottled drinking water

Textual Amendments

PART 1SGeneral

Analysis of samplesS

1.  Each food authority must ensure that each sample is analysed and indicative dose calculated in accordance with Annex III to Directive 2013/51 and this Schedule.

2.  For each radionuclide specified in the second column of Table 1 in Part 2, the derived concentration is shown in the third column of that table and the dose coefficient for calculating the indicative dose is specified in Table A of Annex III to Directive 96/29 as referenced in Annex III to Directive 2013/51.

3.  For each parameter specified in the first column of Table 2 in Part 2, the method of analysis must be one that is capable of detecting the parameter at the limit of detection specified in the second column of that table.

PART 2S

(1)

This table includes values for the most common natural and artificial radionuclides; these are precise values, calculated for a dose of 0.1 mSv, an annual intake of 730 litres and using the dose coefficients laid down in Table A of Annex III to Directive 96/29; derived concentrations for other radionuclides can be calculated on the same basis, and values can be updated on the basis of more recent information recognised by the competent authorities in the Member State.

(2)

This table allows only for the radiological properties of uranium, not for its chemical toxicity.

Methods of analysis and performance characteristics(1)
Table 1
Derived concentrations for radioactivity in spring water or bottled drinking water
OriginNuclideDerived concentration
NaturalU-238(2)3.0 Bq/l
U-234(2)2.8 Bq/l
Ra-2260.5 Bq/l
Ra-2280.2 Bq/l
Pb-2100.2 Bq/l
Po-2100.1 Bq/l
ArtificialC-14240 Bq/l
Sr-904.9 Bq/l
Pu-239/Pu-2400.6 Bq/l
Am-2410.7 Bq/l
Co-6040 Bq/l
Cs-1347.2 Bq/l
Cs-13711 Bq/l
I-1316.2 Bq/l

Table 2

Performance characteristics and methods of analysis

(1)

The limit of detection is calculated according to the ISO standard 11929: Determination of the characteristic limits (decision threshold, detection limit and limits of the confidence interval) for measurements of ionising radiation – Fundamentals and application, with probabilities of errors of 1st and 2nd kind of 0.05 each.

(2)

Measurement uncertainties are calculated and reported as complete standard uncertainties, or as expanded standard uncertainties with an expansion factor of 1.96, according to the ISO Guide for the Expression of Uncertainty in Measurement.

(3)

The limit of detection for tritium and for radon is 10% of its parametric value of 100 Bq/l.

(4)

The limit of detection for gross alpha activity and gross beta activities are 40% of the screening values of 0.1 and 1.0 Bq/l respectively.

(5)

This limit of detection applies only to initial screening for ID for a new water source. If initial checking indicates that it is not plausible that Ra-228 exceeds 20% of the derived concentration, the limit of detection may be increased to 0.08 Bq/l for routine Ra-228 nuclide specific measurements, until a subsequent re-check is required.]

Parameters radionuclidesLimit of detection(1)(2)
Tritium10 Bq/l(3)
Radon10 Bq/l(3)

gross alpha activity

gross beta activity

0.04 Bq/l(4)

0.4 Bq/l(4)

U-2380.02 Bq/l
U-2340.02 Bq/l
Ra-2260.04 Bq/l
Ra-2280.02 Bq/l(5)
Pb-2100.02 Bq/l
Po-2100.01 Bq/l
C-1420 Bq/l
Sr-900.4 Bq/l
Pu-239/Pu-2400.04 Bq/l
Am-2410.06 Bq/l
Co-600.5 Bq/l
Cs-1340.5 Bq/l
Cs-1370.5 Bq/l
I-1310.5 Bq/l

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, revoke and re-enact with changes the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999 (S.I. 1999/1540) as last amended by the Natural Mineral Water, Spring Water and Bottled Drinking Water Amendment (Scotland) Regulations 2004 S.I. 2004/132.

These Regulations implement in relation to Scotland and to the extent specified in the following paragraph the Community instruments specified in that paragraph.

The Community instruments are–

(a)Council Directive 80/777/EEC on the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters (O.J. No. L 229, 30.8.80, p.1) as last amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council (O.J. L 284, 31.10.2003, p.1);

(b)Commission Directive 2003/40/EC (O.J. No. L 126, 22.5.2003, p.34) 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; and

(c)in relation to spring water and bottled drinking water, Council Directive 98/83/EC (O.J. No. L 330, 3.11.98, p.32) relating to the quality of water intended for human consumption.

The principal changes are that–

(a)it is specifically provided that the Regulations do not apply to packaged ice portions for use in cooling food;

(b)the requirements in the Regulations relating to marking and labelling of natural mineral water and spring water are extended to advertising of such water; and

(c)provision is made for retained parts of samples obtained by authorised officers of food authorities for the purpose of analysis to be submitted for analysis to the Government Chemist in specified circumstances.

The Regulations–

(a)provide for exemptions from the Regulations to apply in relation to specified types of water and for ice for cooling food (regulation 3);

(b)prescribe the conditions for recognition of natural mineral water, the procedures for withdrawal of such recognition and provide for review of decisions not to grant or to withdraw recognition where that is requested by the person affected by the decision (regulation 4);

(c)set out the conditions which must be satisfied for springs to be exploited with a view to marketing water from them as natural mineral water and prohibit exploitation of polluted springs until the cause of the pollution is eradicated (regulation 5);

(d)prohibit subjection of natural mineral water to treatments and additions other than specified ones, subject to an exception in the case of such water when used in the manufacture of soft drinks (regulation 6);

(e)prohibit bottling of natural mineral water containing specified substances above specified limits and prescribe the methods to be used for detection of such substances (regulation 7(1) and (2));

(f)prohibit bottling of natural mineral water where specified requirements relating to exploitation of the spring from which the water comes and to bottling of the water are not complied with (regulation 7(3));

(g)prohibit bottling of natural mineral water in containers not satisfying specified requirements (regulation 7(4));

(h)restrict the marking and labelling that may be applied to bottled natural mineral water (including effervescent natural mineral water), require such water to be marked or labelled with specified information and in two respects regulate advertising of such water in addition to its marking and labelling (regulation 8);

(i)prohibit sale of water–

(i)marked or labelled as natural mineral water unless it is such water,

(ii)containing certain substances or organoleptic defects,

(iii)where the total colony count of the water does not comply with paragraph 7(a) of Schedule 4, and

(iv)if the requirements as regards exploitation of the spring from which the water comes, treatment and additions and labelling contained in regulations 5, 6 and 8 respectively are not satisfied (regulation 9);

(j)prohibit bottling of water in a bottle marked or labelled “spring water” unless the water satisfies specified requirements, prohibit such bottling where the water has been treated with ozone enriched air unless the treatment is an authorised one and prohibit exploitation of polluted springs until the cause of the pollution is eradicated (regulation 10);

(k)restrict the marking and labelling that may be applied to spring water, require such water to be marked or labelled with specified information and in one respect regulate advertising of such water in addition to its marking and labelling (regulation 11);

(l)prohibit sale of water marked or labelled “spring water” if the water does not comply with the requirements as regards bottling and as regards labelling and advertisement in regulations 10 and 11 respectively, and prohibit sale of such water from one spring under more than one trade description (regulation 12);

(m)prohibit bottling of drinking water unless it satisfies the requirements of Schedule 2 (regulation 13);

(n)impose restrictions on the marking, labelling and advertising of bottled drinking water with specified information (regulation 14);

(o)prohibit sale of bottled drinking water not bottled in accordance with regulation 13 or not marked or labelled in accordance with regulation 14 (regulation 15);

(p)allocate responsibility for the enforcement and execution of the Regulations, including the carrying out of specified checks for the purpose of ensuring that specified requirements relating to natural mineral water and the requirements as regards ozone enriched air oxidation techniques applicable to natural mineral water and spring water are satisfied (regulation 16);

(q)prescribe the arrangements for handling samples of water taken for analysis for the purposes of the Regulations, provide for submission of a part of the sample for the Government Chemist in specified circumstances and require that, for the purpose of determining whether water complies with Schedule 2, methods of analysis according with Article 7.5 of Directive 98/83/EC must be used (regulations 17 to 19 respectively);

(r)provide that contravention of specified provisions of the Regulations is an offence and prescribe the penalty applicable in the event of conviction (regulation 20);

(s)provide defences in relation to water bottled, marked and labelled before the Regulations come into force and water bottled or sold in an EEA State other than the UK (regulation 21);

(t)apply for the purposes of the Regulations certain provisions of the Food Safety Act 1990 and the Food Labelling Regulations 1996 (S.I. 1996/1499) as amended (regulation 22(1) and (2));

(u)prohibit sale of water not marked in accordance with regulation 38 (intelligibility) of those Regulations (regulation 22(3)); and

(v)revoke the Natural Mineral Water Spring Water and Bottled Drinking Water Regulations 1999 (S.I. 1999/1540) as amended (regulation 23).

These Regulations also revoke the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Regulations 2007 (S.S.I. 2007/435) which contain a minor defect at regulation 12(1)(b).

The requirement contained in paragraph 1(d) of Part 1 of Schedule 2 to these Regulations has been notified to the European Commission in accordance with the requirements of Article 8 of Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations (O.J. No. L 204, 21.7.98, p.37) as amended by Directive 98/48/EC of the European Parliament and of the Council (O.J. No. L 217, 5.8.98, p.18).

A full regulatory impact assessment, which includes a compliance cost assessment of the effect which these Regulations will have on business costs has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen, AB11 6NJ.

(1)

1990 c. 16; section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990; section 6(4) was amended by the Deregulation and Contracting Out Act 1994 (c. 40), Schedule 9, paragraph 6 and by the Food Standards Act 1999 (c. 28) (“the 1999 Act”), Schedule 5, paragraph 10(3); section 17(1) and (2) was amended by the 1999 Act, Schedule 5, paragraphs 8 and 12; section 26(3) was amended by the 1999 Act, Schedule 6; section 48(1) was amended by the 1999 Act, Schedule 5, paragraph 8; section 48(4) is disapplied in respect of these Regulations by virtue of section 48(4C) which was inserted by S.I. 2004/2990; amendments made by Schedule 5 to the 1999 Act shall be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c. 46) (“the 1998 Act”) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. In so far as not so transferred, those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).

(2)

Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.

(3)

O.J. No. L 31, 1.2.02, p.1 as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L 245, 29.9.03, p.4).

(4)

O.J. No. L 330, 5.12.98, p.32.

(5)

O.J. No. L 111, 20.4.01, p.31.

(7)

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

(8)

S.I. 1985/71, revoked by S.S.I. 1999/1540.

(10)

S.I. 1999/1540, amended by S.S.I. 2000/62, 2003/139, 2004/132 and 2005/616.

(11)

S.I. 1996/1499; to which there are amendments not relevant to these Regulations.

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