The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007
| Year | 2007 |
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
ARRANGEMENT OF REGULATIONS
PART 1
Introductory
1. Citation, commencement and extent
2. Interpretation
3. Exemptions
PART 2
Natural mineral water
4. Recognition as natural mineral water
5. Exploitation of natural mineral water springs
6. Treatments and additions for natural mineral water
7. Bottling of natural mineral water
8. Marking, labelling and advertisement of natural mineral waters
9. Sale of natural mineral water
PART 3
Spring water
10. Bottling of spring water and exploitation of spring water springs
11. Marking, labelling and advertisement of spring water
12. Sale of spring water
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PART 4
Bottled drinking water
13. Bottling of drinking water
14. Marking, labelling and advertising of bottled drinking water
15. Sale of bottled drinking water
PART 5
Miscellaneous and supplemental
16. Enforcement
17. Arrangements for samples taken for analysis
18. Submission of samples to the Government Chemist
19. Methods of analysis
20. Offences and penalties
21. Defences
22. Application of other provisions
23. Revocations
SCHEDULE 1 — Conditions for treatment of natural mineral waters and spring waters with
ozone–enriched air
SCHEDULE 2 — Requirements for spring water and drinking water including prescribed
concentrations or values of parameters
PART 1 — Requirements for spring water and drinking water
PART 2 — Prescribed concentrations or values
SCHEDULE 3 — Recognition of natural mineral waters
PART 1 — Natural mineral waters extracted from the ground in Scotland
PART 2 — Natural mineral waters extracted from the ground in a country other than
an EEA State
PART 3 — Requirements and criteria for recognition as a natural mineral water
SCHEDULE 4 — Exploitation and bottling requirements for natural mineral water and
spring water
SCHEDULE 5 — Particulars of anions, cations, non–ionised compounds and trace
elements
SCHEDULE 6 — Maximum limits for constituents of natural mineral waters
SCHEDULE 7 — Performance characteristics for analysing the constituents in Schedule 6
SCHEDULE 8 — Labelling indications for natural mineral water and criteria for use
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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(a) 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(b).
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(c).
PART 1
Introductory
Citation, commencement and extent
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.
Interpretation
2.—(1) In these Regulations–
“the Act” means the Food Safety Act 1990;
“advertisement” and “advertise” shall have the same meaning as in the Food Labelling
Regulations 1996(d);
“the Agency” means the Food Standards Agency;
“authorised ozone-enriched air oxidation technique” means–
(a) a treatment with ozone-enriched air authorised and carried out in accordance with
Schedule 1; or
(b) in the case of water brought into Scotland from other parts of the United Kingdom or
from an EEA State, a treatment which complies with Article 5 of Directive 2003/40 as
implemented in that part of the United Kingdom or that EEA State;
“bottle”, the noun, means a closed container of any kind in which water is sold for drinking by
humans or from which water sold for drinking by humans is derived and “bottle”, the verb,
and “bottled” shall be construed accordingly;
(a) 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).
(b) Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.
(c) 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).
(d) S.I. 1996/1499, to which there are amendments not relevant to these Regulations.
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