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Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999

Consolidated Text As Enacted Cited authorities 29 Cited in Amendments 34 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 1999/1540
  • 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.
    • (1) In these Regulations, unless the context otherwise requires–(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.
  • has a product licence issued under the provisions of the Medicines Act 1968
  • is a natural mineral water which is used at source for curative purposes in thermal or hydromineral establishments;
  • is not intended for sale for human consumption; or
  • is a natural mineral water intended for export to a country other than an EEA State.
    • 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;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;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; andit is recognised for those purposes by the Minister, such recognition having been granted in accordance with Part II of Schedule 1; orNorthern Ireland; oran EEA State other than the United Kingdom.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; orthat the exploitation and bottling requirements are not 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.an application for recognition for the purposes of Article 1 in accordance with Part I of Schedule 1 has been made but not granted; orrecognition for the purposes of Article 1 has been withdrawn.(9) Schedule 2 shall have effect for the purposes specified for it in Schedule 1.
  • No person shall sell any water the marking or labelling of which uses the name “natural mineral water" in, or as, the name of the water unless the water is natural mineral water.
    • the water extracted from that spring is natural mineral water;the relevant authority has given permission for that spring to be exploited; andsubject to the final unlettered sub-paragraph of paragraph 2 of Annex II, the exploitation and bottling requirements are met.(2) No person shall sell any water extracted

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