The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/3165 |
2007 No. 3165 (W.276)
FOOD, WALES
The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2007
Made 5th November 2007
Laid before the National Assembly for Wales 7th November 2007
Coming into force 28th November 2007
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 16(1), 17(1), 26(1)(a) and (3), 31 and 48(1) of and paragraphs 1 and 4(b) of Schedule 1 to the Food Safety Act 19901and now vested in them2.
In accordance with section 48(4A) of that Act, they have taken into account relevant advice given by the Food Standards Agency.
As required by Article 9 of Regulation (EC) No. 178/2002of 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 safety3there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
PART 1
Introductory
Title, application and commencement
1. The title of these Regulations is the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2007, they apply in relation to Wales and come into force on 28 November 2007.
Interpretation
2.—(1) In these Regulations —
“the Act” (“y Ddeddf”) means the Food Safety Act 1990;
“advertisement” (“hysbyseb”) and “advertise” (“hysbysebu”) have the same meanings as those given to them in regulation 2(1) of the Food Labelling Regulations 19964;
“the Agency” (“yr Asiantaeth”) means the Food Standards Agency;
“authorised ozone-enriched air oxidation technique” (“techneg awdurdodedig i ocsidio aer a gyfoethogwyd ag osôn”) 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 Wales from other parts of the United Kingdom or from another 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” (“potel”), 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” (“potelu”), the verb, and cognate expressions, is construed accordingly;
“Directive 80/777” (“Cyfarwyddeb 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 waters5;
“Directive 98/83” (“Cyfarwyddeb 98/83”) means Council Directive 98/83/ECrelating to the quality of water intended for human consumption6;
“Directive 2003/40” (“Cyfarwyddeb 2003/40”) means Commission Directive 2003/40/ECestablishing 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 waters7;
“drinking water” (“dwr yfed”) means water which is 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” (“dwr mwynol naturiol eferw”) 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” (“dwr mwynol naturiol”) 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 on account of the following characteristics having been preserved intact because of the underground origin of the water, which origin must 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 appropriate, by certain effects,
(ii) its original state; and
(d) is for the time being recognised pursuant to and in accordance with regulation 4;
“parameter” (“paramedr”) means a property, element, organism or substance listed in the second column of any Table in Part 2 of Schedule 2;
“prescribed concentration or value” (“crynodiad neu werth a ragnodwyd”), in relation to any parameter, means the concentration or value specified in relation to that parameter in any Table in Part 2 of Schedule 2 as measured by reference to the unit of measurement so specified;
“relevant authority” (“awdurdod perthnasol”) means the council of a county or county borough; and
“sell” (“gwerthu”) includes possess for sale and offer, expose or advertise for sale, and “sale” is construed accordingly.
(2) Other expressions used both in these Regulations and in Directive 80/777 or Directive 98/83 have the same meaning in these Regulations as they bear in the Directive concerned.
(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 the marking or labelling of a bottle includes both marking or labelling done before any water is bottled and marking or labelling done after bottling.
Exemptions
3.—(1) These Regulations do not apply to any water which —
(a)
(a) has a product licence issued under the provisions of the Medicines Act 19688, or a marketing authorisation within the meaning of the Medicines for Human Use (Marketing Authorisations etc.) Regulations 19949, or a marketing authorisation within the meaning of the Veterinary Medicines Regulations 200510;
(b)
(b) is a natural mineral water which is used at source for curative purposes in thermal or hydromineral establishments;
(c)
(c) is not intended for sale for drinking by humans; or
(d)
(d) is a natural mineral water intended for export to a country other than an EEA State.
(2) These Regulations do not apply to packaged ice portions intended for use in cooling food.
PART 2
Natural mineral water
Recognition as natural mineral water
4.—(1) Water is recognised as natural mineral water where —
(a)
(a) in the case of water extracted from the ground in Wales, recognition is granted by the relevant authority in accordance with Part 1 of Schedule 3;
(b)
(b) in the case of water extracted from the ground in another part of the United Kingdom, it is recognised there pursuant to Directive 80/777 by a responsible authority of that part of the United Kingdom;
(c)
(c) in the case of water extracted from the ground in an EEA State other than the United Kingdom, it is recognised there pursuant to Directive 80/777 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 by the Agency, in accordance with Part 2 of Schedule 3, or
(ii) it has an equivalent recognition, given by a responsible authority of —
(aa) another part of the United Kingdom, or
(bb) an EEA State other than the United Kingdom.
(2) Where, in relation to any water that has been recognised under paragraph (1)(a) or (d)(i), it is found—
(a)
(a) by analysis in accordance with Part 3 of Schedule 3, that the requirements of paragraph 3 of that Part are not met;
(b)
(b) that the requirements of Schedule 4 are not met; or
(c)
(c) that the content of the water is not in accordance with paragraph 2(c) of Part 1 or, as the case may be, paragraph 2(c) of Part 2 of Schedule 3,
the relevant authority or, as the case may be, the Agency, may withdraw that recognition until such time as the requirements concerned are met.
(3) Where—
(a)
(a) the relevant authority declines to grant or withdraws recognition of a water; or
(b)
(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 the land on which that spring is situated, may apply to the Agency for a review of that decision.
(4) Upon an application for review of a decision being made under paragraph (3), the Agency must make such inquiry into the matter as may seem to it to be appropriate and, having considered the results of that inquiry and any relevant facts elicited by it, must either—
(a)
(a) confirm the decision; or
(b)
(b) direct the relevant 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 relevant authority or the Agency, as appropriate, to have that recognition withdrawn.
(6) Where the relevant authority—
(a)
(a) grants, restores or withdraws recognition, it must immediately inform the Agency of that fact;
(b)
(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 must immediately inform the Agency of that change; or
(c)
(c) is directed by the Agency under paragraph (4)(b) to grant or restore recognition, it must immediately comply with that direction.
(7) Any recognition of water as a natural mineral water granted under the Natural Mineral Waters Regulations 198511or the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 199912and subsisting on the date that these Regulations come into force must—
(a)
(a) in the case of water extracted from the ground in Wales, be treated as if it were recognition granted by the relevant authority under paragraph (1)(a).
(b)
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