Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999
| Year | 1999 |
1999 No. 1540
FOOD
The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999
Made 3rd June 1999
Laid before Parliament 7th June 1999
Coming into force 30th June 1999
The Minister of Agriculture, Fisheries and Food, the Secretary of State for Health and the Secretary of State for Wales, acting jointly in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 6(4), 16(1), 17(1), 26(1)(a) and (3), 31 and 48(1) of the Food Safety Act 19901after consultation in accordance with section 48(4) with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations; the Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designated2for the purposes of section 2(2) of the European Communities Act 19723in relation to the exploitation and marketing of natural mineral waters, acting jointly, in exercise (so far as is required for revocations effected by these Regulations) of the powers conferred on them by the said section 2(2); and in exercise of all other powers enabling them in that behalf hereby make the following Regulations:
Part I
Introductory
Title and commencement
1. These Regulations may be cited as the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999 and shall come into force on 30th June 1999.
Interpretation
2.—(1) In these Regulations, unless the context otherwise requires–
“the Act” means the Food Safety Act 1990;
“bottle”, the noun, means a closed container of any kind in which water is sold for human consumption or from which water sold for human consumption is derived, and “bottle”, the verb, and cognate expressions, shall be construed accordingly;
“bottled drinking water” means drinking water which is bottled;
“Directive 80/777” means Council Directive 80/777/EECon the approximation of the laws of the Member States relating to the exploitation and marketing of natural mineral waters4as amended by Directive 96/70/ECof the European Parliament and of the Council5;
“Directive 80/778” means Council Directive 80/778/EECrelating to the quality of water intended for human consumption6;
“drinking water” means water intended for sale for human consumption other than–
(a) natural mineral water; or
(b) water which is marked or labelled “spring water” in accordance with regulation 11;
“EEA Agreement” means the Agreement on the European Economic Area7signed at Oporto on 2nd May 1992, as adjusted by the Protocol8signed at Brussels on 17th March 1993;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“effervescent natural mineral water” means natural mineral water which conforms with the supplementary qualifications in Section III of Annex I;
“the exploitation and bottling requirements” means–
(a) the requirements in the first and second unlettered sub-paragraphs of paragraph 2 of Annex II; and
(b) the requirement in regulation 8(5);
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“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 by the characteristics referred to in paragraph 1 of Section I of Annex I; and
(d) is for the time being recognised for the purposes of Article 1 pursuant to regulation 4;
“parameter” means a property, element, organism or substance listed in the second column of the Tables in Part II of Schedule 3;
“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 II of Schedule 3 as measured by reference to the unit of measurement so specified;
“recognised” means recognised in Great Britain;
“relevant authority” means–
(a) in England, the council of a district or London Borough;
(b) in Wales, the council of each county or county borough; and
(c) in Scotland, each council constituted by section 2 of the Local Government etc. (Scotland) Act 19949; and
“sell” includes possess for sale and offer, expose or advertise for sale, and “sale” shall be construed accordingly.
(2) Other expressions used both in these Regulations and in Council Directive 80/777 or 80/778 have, in so far as the context admits, the same meaning in these Regulations as they bear in that Directive.
(3) Any reference in these Regulations to a numbered Article or Annex is, save where the contrary intention appears, a reference to the Article or Annex so numbered in Directive 80/777.
(4) Any reference in these Regulations to a numbered regulation or Schedule is, save where the contrary intention appears, a reference to the regulation or Schedule so numbered in these Regulations.
Exemptions
3. These Regulations do not apply to any water which–
(a) has a product licence issued under the provisions of the Medicines Act 196810or a marketing authorisation to which the Marketing Authorisations for Veterinary Medicinal Products Regulations 199411apply, or a marketing authorisation within the meaning of the Medicines for Human Use (Marketing Authorisations etc.) Regulations 199412;
(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 human consumption; or
(d) is a natural mineral water intended for export to a country other than an EEA State.
Part II
Natural mineral water
Recognition as natural mineral water
4.—(1) Water is recognised for the purposes of Article 1 where–
(a)
(a) in the case of water extracted from the ground in Great Britain, it is recognised for those purposes by the relevant authority, such recognition having been granted in accordance with Part I of Schedule 1;
(b)
(b) in the case of water extracted from the ground in Northern Ireland, it is recognised there for those purposes by a responsible authority of Northern Ireland;
(c)
(c) in the case of water extracted from the ground in an EEA State other than the United Kingdom, it is recognised there for those purposes by a responsible authority of that EEA State; and
(d)
(d) in the case of water extracted from the ground in a country other than an EEA State–
(i) it is recognised for those purposes by the Minister, such recognition having been granted in accordance with Part II of Schedule 1; or
(ii) it has an equivalent recognition, given by a responsible authority, in–
(aa) Northern Ireland; or
(bb) an EEA State other than the United Kingdom.
(2) Where, in relation to any water after it has been recognised for the purposes of Article 1 in accordance with Schedule 1, it is found–
(a)
(a) that, by analysis in accordance with Section II of Annex I, the requirements as to demonstration and determination in paragraph 1.3 of that Section are not met; or
(b)
(b) that the exploitation and bottling requirements are not met,
the relevant authority or, as the case may be, the Minister, may withdraw that recognition until such time as the said requirements are met.
(3) Where the relevant authority decides either not to grant or to withdraw recognition of a water for the purposes of Article 1 the person who exploits the relevant spring, or if different, the person who owns land on which the relevant spring is situated, may apply, in the case of a water extracted from the ground in England or Wales, to the Minister or, in the case of a water extracted from the ground in Scotland, to the Secretary of State for Scotland, for a review of that decision.
(4) Upon an application for review of a decision being made pursuant to paragraph (3) above the Minister or Secretary of State, as the case may be, shall make such inquiry into the matter as may seem to him appropriate, and, having considered the results of that inquiry and any relevant facts elicited by it, shall either confirm the decision or direct the relevant authority to grant or restore, as appropriate, recognition of the water in question for the purposes of Article 1, and in the case of such a direction the relevant authority shall thereupon comply with the said direction.
(5) Upon the grant or withdrawal of recognition for the purposes of Article 1 pursuant to this regulation the person who grants or withdraws it shall inform the Commission of the European Community of such grant or withdrawal.
(6) A person who exploits a spring in Great Britain or in a country other than an EEA State from which there is extracted water which is recognised for the purposes of Article 1, such recognition having been granted in accordance with Schedule 1, may apply to the Minister or relevant authority, as appropriate, to have that recognition withdrawn.
(7) The publication in the Official Journal of the European Community of the name of any water as that of a natural mineral water recognised in the Community for the purposes of Article 1 shall, save where recognition was granted in accordance with Schedule 1, be conclusive evidence that that water is recognised for the purposes of that Article.
(8) For the purposes of paragraph (3) above “relevant spring” means the spring from which, pursuant to a permission given under regulation 6(1)(b) or to the seeking of recognition under the Natural Mineral Waters Regulations 198513, there is extracted water in respect of which–
(a)
(a) an application for recognition for the purposes of Article 1 in accordance with Part I of Schedule 1 has been made but not granted; or
(b)
(b) recognition for the purposes of Article 1 has been withdrawn.
(9) Schedule 2 shall...
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