Made | 5 November 2007 | ||
Laid before the National Assembly for Wales | 7 November 2007 | ||
Coming into force | 28 November 2007 |
1. | Title, application and commencement |
2. | Interpretation |
3. | Exemptions |
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 advertising of natural mineral water |
9. | Sale of natural mineral water |
10. | Bottling of spring water and exploitation of spring water springs |
11. | Marking, labelling and advertising of spring water |
12. | Sale of spring water |
13. | Bottling of drinking water |
14. | Marking, labelling and advertising of bottled drinking water |
15. | Sale of bottled drinking water |
16. | Enforcement |
17. | Arrangements for samples taken for analysis |
18. | Secondary analysis by the Government Chemist |
19. | Methods of analysis |
20. | Offences and penalties |
21. | Defences |
22. | Application of other provisions |
23. | Revocation |
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 Wales |
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 |
(d) is for the time being recognised pursuant to and in accordance with regulation 4;
(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 —
(2) These Regulations do not apply to packaged ice portions intended for use in cooling food.
(2) Where, in relation to any water that has been recognised under paragraph (1)(a) or (d)(i), it is found—
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—
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—
(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—
(7) Any recognition of water as a natural mineral water granted under the Natural Mineral Waters Regulations 1985[11] or the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999[12] and subsisting on the date that these Regulations come into force must—
(8) The publication in the Official Journal of the European Union of the name of any water as a natural mineral water recognised in the Community for the purposes of Directive 80/777 is, save where recognition was granted in accordance with Schedule 3, conclusive evidence that that water is recognised for the purposes of that Directive.
(9) Schedule 5 has effect for the purposes specified for it in Schedule 3.
Exploitation of natural mineral water springs
5.
—(1) No person may exploit any spring for the purpose of marketing the water from it as natural mineral water unless—
(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 may 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.
Treatments and additions for natural mineral water
6.
—(1) No person may subject natural mineral water in its state at source to—
(b) any addition other than the introduction or the reintroduction of carbon dioxide to produce effervescent natural mineral water.
(2) Paragraph (1) does not prevent the use of natural mineral water in the manufacture of soft drinks.
Bottling of natural mineral water
7.
—(1) No person may 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 must conform to the performance characteristics for analysis specified in Schedule 7.
(3) No person may bottle any natural mineral water which does not meet the requirements of Schedule 4.
(4) No person may bottle any natural mineral water in any bottle other than a bottle which is fitted with closures designed to avoid any possibility of adulteration or contamination.
Marking, labelling and advertising of natural mineral water
8.
—(1) No person may cause a natural mineral water to be bottled in a bottle marked or labelled with—
(ii) in the case of a natural mineral water other than an effervescent natural mineral water, "natural mineral water".
(2) No person may cause natural mineral water to be bottled in a bottle unless the bottle is marked or labelled with —
(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—
(4) No person may advertise any natural mineral water under any designation, proprietary name, trade mark, brand name, illustration or other sign, whether emblematic 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 may advertise any natural mineral water in contravention of paragraph (3).
Sale of natural mineral water
9.
—(1) No person may 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 may sell any bottled natural mineral water —
(b) where the total colony count of the 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 bacteria content which it had at source; or
(d) where that water contains any organoleptic defect.
(3) No person may sell any bottled natural mineral water—
(4) No person may sell any natural mineral water from one and the same spring under more than one trade description.
(2) No person may 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.
(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 may 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.
Marking, labelling and advertising of spring water
11.
—(1) No person may cause any bottle to be marked or labelled with the description "spring water" unless the water contained in it—
(2) No person may cause any bottle containing water and marked or labelled with the description "spring water" to be marked or labelled with—
(3) No person may 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—
(4) Where in accordance with paragraph (2)(b) a bottle containing spring water is required to be marked or labelled with the place of exploitation or the name of the spring—
(5) No person may advertise any spring water in contravention of paragraph (4).
Sale of spring water
12.
—(1) No person may sell any water bottled in a bottle marked or labelled with the description "spring water"—
(2) No person may 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.
(b) cause any bottled drinking water which does not satisfy the provisions of Section I of Annex I to be advertised under—
Sale of bottled drinking water
15.
No person may sell any bottled drinking water which—
(2) Each relevant authority must, within its area, 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.
(3) Each food authority must, within its area—
Arrangements for samples taken for analysis
17.
—(1) An authorised officer of a food authority 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 must 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 must 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 must —
(3) If the sample was purchased by the authorised officer, the officer must 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 Wales and was taken by the authorised officer before delivery to a person who intends to sell that water in Wales, the officer must give the part of the sample to that person.
(5) If neither paragraph (3) nor paragraph (4) applies, the authorised officer must 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 paragraph (3), (4) or (5) applies, the authorised officer must 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) The authorised officer must, unless he or she decides not to have an analysis made, submit one of the remaining parts of the sample 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 his or her agent or by sending it to that person 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 the officer 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) having his or her name and an address in the United Kingdom displayed on the bottle or any other container, the officer must, unless the officer decides not to have an analysis made, within three days of procuring the sample send to that person a notice informing him or her—
(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 is entitled, upon request to the food authority, to be supplied with a copy of the certificate of analysis by that authority.
Secondary analysis by the Government Chemist
18.
—(1) Where a part of a sample has been retained under regulation 17(7) and—
paragraphs (2) to (7) apply.
(2) The authorised officer—
send the retained part of the sample to the Government Chemist for analysis.
(3) The Government Chemist must analyse the part sent to him or her under paragraph (2) and send to the authorised officer a certificate of analysis.
(4) Any certificate of analysis sent by the Government Chemist must be signed by the Chemist or on his or her behalf, but the analysis may be carried out by a person under the direction of the person who signs the certificate.
(5) The authorised officer must immediately on receipt supply the prosecutor (if a person other than the authorised officer) and the defendant with a copy of the Government Chemist's certificate of analysis.
(6) Where a request is made under paragraph (2)(d) the authorised officer may give notice in writing to the defendant requesting payment of a fee specified in the notice to defray some or all of the Government Chemist's charges for performing the functions under paragraph (3), and in the absence of agreement by the defendant to pay the fee specified in the notice the authorised officer may refuse to comply with the request.
(7) In this regulation "defendant" includes a prospective defendant.
Methods of analysis
19.
Methods of analysis which accord with Article 7.5 of Directive 98/83 must be used for the purposes of determining whether or not water satisfies the provisions of Schedule 2.
Offences and penalties
20.
A person is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale if he or she contravenes regulation 5, 6(1), 7(1), (3), or (4), 8, 9, 10, 11, 12, 13, 14, 15 or 22(3).
Defences
21.
—(1) In any proceedings for an offence under these Regulations it is a defence for the accused to show that —
(2) In any proceedings for an offence under these Regulations where it is alleged that water does not meet the requirements in paragraph 1(c) of Part 1 of Schedule 2, it is a defence for the person accused to show that—
Application of other provisions
22.
—(1) The following provisions of the Act apply for the purposes of these Regulations and, unless the context otherwise requires, any reference in those provisions to the Act or Part thereof is construed for the purposes of these Regulations as a reference to these Regulations —
(2) Regulation 38 (intelligibility) of the Food Labelling Regulations 1996 applies to any name, description, indication, information or other wording with which water is required or permitted by these Regulations to be marked or labelled, as it applies to particulars required to be labelled under the Food Labelling Regulations 1996.
(3) No person may 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).
Revocation
23.
The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999 are revoked in so far as they apply to Wales.
G. Thomas
Under authority of the Minister for Health and Social Services, one of the Welsh Ministers
5 November 2007
2.
Treatment of natural mineral waters and spring waters with ozone-enriched air must not—
Treatment residue | Maximum limit (µg/l) |
Dissolved ozone | 50 |
Bromate | 3 |
Bromoform | 1 |
3.
A person seeking to have a treatment with ozone-enriched air authorised must—
4.
The relevant authority must assess the application and any information in its possession and must authorise the treatment if it is satisfied that—
5.
Where the relevant authority decides to authorise a treatment pursuant to paragraph 4, it must inform the operator of the treatment in writing and state the date from which the authorisation for commercial use of the treatment has effect.
6.
Where the relevant authority refuses to authorise a treatment pursuant to paragraph 4, it must inform the operator of the treatment in writing, stating its reasons.
7.
Where a treatment has been authorised pursuant to paragraph 4, the person carrying out the treatment must, for the purpose of enabling the relevant authority to assess whether the conditions in paragraph 4(a) and (b) continue to be satisfied—
8.
If the relevant authority is satisfied that the conditions specified 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.
9.
Where the relevant authority has informed an operator under paragraph 6 of its refusal to authorise a treatment under paragraph 4 or withdraws authorisation of a treatment under paragraph 8, the person who wishes to carry out the treatment may apply to the Agency for a review of that decision.
10.
Upon receiving the application for review, the Agency must 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, must either confirm the decision or direct the relevant authority to grant or restore, as appropriate, authorisation of the treatment process in operation. In the case of such a direction the relevant authority must thereupon comply with the said direction.
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.
2.
The concentrations or values of the parameters listed in Tables A to D in Part 2 of this Schedule must be read in conjunction with the notes thereto.
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 must be expressed in those particulars in the unit of measurement specified opposite to it in column 2 of that Schedule.
5.
The relevant authority must, 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 London Gazette.
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 must be expressed in those particulars in the unit of measurement specified opposite to it in column 2 of that Schedule.
(b) periodic checks are made to ascertain that—
(iii) the provisions of Schedule 4 are being applied by the person exploiting the spring.
5.
Recognition of such water will 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.
2.
Physical, chemical and physico-chemical surveys must establish—
3.
Microbiological analysis at source must show—
(c) the revivable total colony count per ml of water—
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.
7.
—(1) After bottling, the total colony count of the water at source may not exceed—
(2) The total colony count must be measured within the period of 12 hours following bottling, the water being maintained at 4 °C +/−1 °C during the period before which it is measured.
Table A
Column 1
Column 2
Column 3
Column 4
Item
Parameters
Units of Measurement
Concentration or Value (maximum unless otherwise stated)
1.
Colour
mg/1 Pt/Co scale
20
2.
Turbidity
NTU
4
3.
Odour
Dilution number
3 at 25°C
4.
Taste
Dilution number
3 at 25°C
5.
Sulphate
mg SO4/1
250
6.
Sodium
mg Na/l
200
7.
Nitrate
mg NO3/l
50 (note 1)
8.
Nitrite
mg NO2/l
0.5 (note 1)
9.
Aluminium
µgAl/l
200
10.
Copper
mg Cu/l
2
11.
Fluoride
mg F/l
1.5
12.
Hydrogen ion concentration
pH units
4.5 (minimum)
9.5 (maximum)
13.
Tritium (for radioactivity)
Bq/l
100
14.
Total indicative dose
mSv/year
0.10 (note 2)
15.
Manganese
µg Mn/l
50
Notes:
3.
The concentration (mg/l) of nitrate divided by 50 added to the concentration (mg/l) of nitrite divided by 3 must not exceed 1.
4.
Excluding tritium, potassium-40, radon and radon decay products.
Table B
Column 1
Column 2
Column 3
Column 4
Item
Parameters
Units of Measurement
Maximum Concentration
1.
Arsenic
µg As/l
10
2.
Cadmium
µg Cd/l
5
3.
Cyanide
µg CN/l
50
4.
Chromium
µg Cr/l
50
5.
Mercury
µg Hg/l
1
6.
Nickel
µg Ni/l
20
7.
Selenium
µg Se/l
10
8.
Antimony
µg Sb/l
5
9.
Lead
µg Pb/l
10
10.
Pesticides and related products:
— individual substances
µg/l
0.10 (notes 1 and 2)
— total substances
µg/l
0.50 (notes 1 and 3)
11.
Polycyclic aromatic Hydrocarbons
µg/l
0.1 sum of concentrations of specified compounds (note 4)
12.
Bromate
µg BrO3/l
10
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.
Table C
Column 1
Column 2
Column 3
Column 4
Item
Parameters
Units of Measurement
Maximum Concentration
1.
Escherichia coli(E.coli)
number/250 ml
0/250 ml
2.
Enterococci
number/250 ml
0/250 ml
3.
Colony count 22°C
number/ml
100/ml (notes 1 and 2)
4.
Colony count 37°C
number/ml
20/ml (notes 1 and 3)
5.
Pseudomonas aeruginosa
number/250ml
0/250 ml
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.
Table D
Column 1
Column 2
Column 3
Column 4
Item
Parameters
Units of Measurement
Maximum Concentration
1.
Boron
mg/l
1.0
2.
Benzo (a) pyrene
µg/l
0.010
3.
Tetrachloroethene and Trichloroethene
µg/l
10 (note 1)
4.
Tetrachloromethane
µg/l
3
5.
Benzene
µg/l
1.0
6.
1,2-dichloroethane
µg/l
3.0
7.
Trichloromethane, Dichlororbromomethane, Dibromochloromethane and Tribromomethane
µg/l
100 (note 1)
8.
Epichlorohydrin
µg/l
0.10 (note 2)
9.
Vinyl chloride
µg/l
0.50 (note 2)
10.
Acrylamide
µg/l
0.10 (note 2)
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.
A person seeking to have water which is extracted from the ground in Wales recognised as a natural mineral water for the purposes of Article 1 must make an application in writing to the relevant authority within whose area the water is extracted, giving the particulars set out in paragraph 2.
2.
The particulars are—
(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.
4.
Where such particulars have been so given, the relevant authority must assess them and recognise the water to which those particulars relate as natural mineral water if it is satisfied that—
(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.
1.
A person seeking to have a water which is extracted from the ground in a country other than an EEA State recognised as a natural mineral water for the purposes of Article 1 must make application in writing to the Agency, giving the particulars set out in paragraph 2.
2.
The particulars are—
(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.
4.
The Agency must recognise such a water if the responsible authority of the country in which the water is extracted has certified that—
(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
(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) 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
6.
The Agency must, on recognising water in accordance with this Part of this Schedule, publish an announcement of such recognition in the London Gazette, the Edinburgh Gazette and the Belfast Gazette.
1.
Geological and hydrological surveys must include the following particulars—
(a) the exact site of the catchment with an 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.
(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-ionised 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); and
(l) the toxicity of certain constituent elements of the water, taking account of the limits laid down for each of them.
(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 50ml, and
(iv) absence of Pseudomonas aeruginosa in 250 ml; and
(i) at 20 to 22°C in 72 hours on agar-agar or an agar-gelatine mixture, and
(ii) at 37°C in 24 hours on agar-agar.
(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.
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.
2.
The spring or outlet must be protected against the risks of pollution.
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.
4.
The conditions of exploitation, particularly at the washing and bottling plant, 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 natural water.
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.
(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 17 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 23 November 1996 water from that spring was so transported.
6.
—(1) The revivable total colony count of the water at source, determined according to sub-paragraph (2), must conform to the normal viable colony count of that water and not show that the source of that water is contaminated.
(2) The 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; and
(b) at 37 °C in 24 hours on agar-agar.
(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.
8.
Water must be free from—
(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.
Anions | Unit 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 SiO2 | mg/1 |
Sulphate SO4²- | mg/1 |
Sulphide S²- | mg/1 |
Cations | Unit of measurement |
Aluminium A1 | mg/1 |
Ammonium NH4⫀ | mg/1 |
Calcium Ca | mg/1 |
Magnesium Mg | mg/1 |
Potassium K | mg/l |
Sodium Na | mg/1 |
Non-ionised compounds | Unit of measurement |
Total organic carbon C | mg/1 |
Free carbon dioxide CO2 | mg/1 |
Silica SiO2 | mg/1 |
Trace elements | Unit of measurement |
Barium Ba | µg/l |
Bromine (total) Br | µg/l |
Cobalt Co | µg/l |
Copper Cu | µg/l |
Iodine (total) I | µg/l |
Iron Fe | µg/l |
Lithium Li | µg/l |
Manganese Mn | µg/l |
Molybdenum Mo | µg/l |
Strontium Sr | µg/l |
Zinc Zn | µg/1 |
Constituents | Maximum limits (mg/l) |
Antimony | 0.0050 |
Arsenic | 0.010 (as total) |
Barium | 1.0 |
Cadmium | 0.003 |
Chromium | 0.050 |
Copper | 1.0 |
Cyanide | 0.070 |
Fluoride | 5.0 |
Lead | 0.010 |
Manganese | 0.50 |
Mercury | 0.0010 |
Nickel | 0.020 |
Nitrate | 50 |
Nitrite | 0.1 |
Selenium | 0.010 |
Constituent | Accuracy of parametric value in % | Precision of parametric value | Detection limit of parametric value in % |
Antimony | 25 | 25 | 25 |
Arsenic | 10 | 10 | 10 |
Barium | 25 | 25 | 25 |
Cadmium | 10 | 10 | 10 |
Chromium | 10 | 10 | 10 |
Copper | 10 | 10 | 10 |
Cyanides | 10 | 10 | 10 |
Fluoride | 10 | 10 | 10 |
Lead | 10 | 10 | 10 |
Manganese | 10 | 10 | 10 |
Mercury | 20 | 10 | 20 |
Nickel | 10 | 10 | 10 |
Nitrate | 10 | 10 | 10 |
Nitrite | 10 | 10 | 10 |
Selenium | 10 | 10 | 10 |
7.
The method should make it possible to determine cyanide in all its forms.
Indication | Criteria |
Low mineral content | Mineral salt content, calculated as a fixed residue, not greater than 500 mg/l |
Very low mineral content | Mineral salt content, calculated as a fixed residue, not greater than 50 mg/l |
Rich in mineral salts | Mineral salt content. Calculated as a fixed residue, greater than 1500 mg/l |
Contains bicarbonate | Bicarbonate content greater than 600 mg/l |
Contains sulphate | Sulphate content greater than 200 mg/l |
Contains chloride | Chloride content greater than 200 mg/l |
Contains calcium | Calcium content greater than 150 mg/l |
Contains magnesium | Magnesium content greater than 50 mg/l |
Contains fluoride | Fluoride content greater than 1 mg/l |
Contains iron | Bivalent iron content greater than 1 mg/l |
Acidic | Free carbon dioxide content greater than 250 mg/l |
Contains sodium | Sodium content greater than 200 mg/l |
Suitable for a low-sodium diet | Sodium content less than 20 mg/l |
4.
The principal changes are that—
5.
The Regulations—
6.
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 (OJ No. L 204, 21.7.98, p.37) as amended by Directive 98/48/EC of the European Parliament and of the Council (OJ No. L217, 5.8.98, p.18).
7.
A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Food Standards Agency, 11th Floor, Southgate House, Wood Street, Cardiff, CF10 1EW.
[2] Functions of "the Ministers" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the 1999 Act, and are now exercisable by the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c.32).back
[3] OJ No. L31, 1.2.2002, p.1, as last amended by Commission Regulation (EC) No. 575/2006 amending Regulation (EC) No. 178/2002 of the European Parliament and of the Council as regards the number and names of the permanent Scientific Panels of the European Food Safety Authority (OJ No. L100, 8.4.2006, p.3).back
[4] S.I. 1996/1499, to which there are amendments not relevant to these Regulationsback
[5] OJ No. L229, 30.8.80, p.1, as last amended by Regulation (EC) No. 1882/2003 of the European Parliament and of the Council adapting to Council Decision 1999/468/EC the provisions relating to Committees which assist the Commission in the exercise of its implementing powers laid down in instruments subject to the procedure referred to in Article 251 of the EC Treaty (OJ No. L284, 31.10.2003, p.1).back
[6] OJ No. L330, 5.12.98, p.32.back
[7] OJ No. L126, 22.5.2003, p.34.back
[9] S.I. 1994/3144; to which there are amendments not relevant to these Regulations.back
[11] S.I. 1985/71, revoked by S.I. 1999/1540.back
[12] S.I. 1999/1540, amended by S.I. 2000/656, S.I. 2003/3042 (W.287) and S.I. 2004/1509 (W.158).back