The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015

Made: 5th November 2015

Coming into operation: 28th November 2015

The Department of Health, Social Services and Public Safety makes the following Regulations in exercise of the powers conferred on it by Articles 15(1), 16(1), 25(1) and (3), 26(3), 32 and 47(2) of the Food Safety (Northern Ireland) Order 1991 and paragraph 1A of Schedule 2 to the European Communities Act 1972 .

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Department of Health, Social Services and Public Safety that it is expedient for the references in these Regulations to the Annexes to the EU instruments listed in Regulation 2(3) to be construed as references to those Annexes as amended from time to time.

In accordance with Article 47(3A) of the Food Safety (Northern Ireland) Order 1991, the Department of Health, Social Services and Public Safety has taken into account relevant advice given by the Food Standards Agency.

There has been 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 .

PART 1 — Introductory

Citation and commencement

1

These Regulations may be cited as the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015 and come into operation on 28th November 2015.

Interpretation

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• (1) In these Regulations—

• “advertisement” means a representation in any form in connection with a trade or business in order to promote the supply of goods;

• “The Agency” means the Food Standards Agency;

• “authorised officer” has the same meaning as in Article 2(2)(a) of the Order;

• “bottle” 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;

• “Directive 98/83” means Council Directive 98/83/EC on the quality of water intended for human consumption ;

• “Directive 2003/40” means Commission Directive 2003/40/EC establishing 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 waters ;

• “Directive 2009/54” means Directive 2009/54/EC of the European Parliament and of the Council on the exploitation and marketing of natural mineral waters (Recast);

• “Directive 2013/51” means Council Directive 2013/51/EURATOM laying down requirements for the protection of the health of the general public with regard to radioactive substances in water intended for human consumption ;

• “drinking water” means water which is intended for sale for drinking by humans other than—natural mineral water; orwater intended to be labelled and sold as “spring water”;

• “EEA State” means a Member State of the European Union, Norway, Iceland and Liechtenstein;

• “effervescent natural mineral water” 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;

• “fluoride removal treatment” means— a treatment of natural mineral water or water intended to be bottled and labelled as “spring water”, with activated alumina in order to remove fluoride which is authorised in accordance with regulations 9(1)(a)(iii) or 15(1)(a)(iii) and Schedule 2,in the case of natural mineral water or water intended to be bottled and labelled as “spring water”, brought into Northern Ireland from another part of the United Kingdom or from an EEA state , a treatment which has been authorised by the competent authority in the area in which the water is extracted as complying with the requirements of Articles 1 to 3 of Regulation 115/2010 and which treatment does not have a disinfectant action; orin the case of natural mineral water or water intended to be bottled and labelled as “spring water”, brought into Northern Ireland from a non-EEA state, a treatment that has been authorised by the competent authority in that state in accordance with procedures for authorising fluoride removal treatment in that state which have been found by the Agency or equivalent authority in another part of the United Kingdom or an EEA State to be equivalent to the requirements of Articles 1 to 3 of Regulation 115/2010 and which treatment does not have a disinfectant action;

• “label” means any tag, brand, mark, pictorial or other descriptive matter which is written, printed, stencilled, marked, embossed or impressed on, or attached to the bottle of water;

• “natural mineral water” means water which—is microbiologically wholesome within the meaning of Article 5 of Directive 2009/54,originates in an underground water table or deposit and emerges from a spring tapped at one or more natural or bore exits,can be clearly distinguished from drinking water on account of the following characteristics having been preserved intact because of the underground origin of the water, which has been protected from all risk of pollution—its nature, which is characterised by its mineral content, trace elements or other constituents and, where appropriate, by certain effects, andits original purity; andis for the time being recognised pursuant to and in accordance with regulation 4;

• “ozone-enriched air treatment” means— a treatment of natural mineral water or water intended to be bottled and labelled as “spring water”, with ozone-enriched air which is authorised in accordance with regulations 9(1)(a)(iv) or 15(1)(a)(iv) and Schedule 3,in the case of natural mineral water or water intended to be bottled and labelled as “spring water”, brought into Northern Ireland from another part of the United Kingdom or an EEA State , a treatment that has been authorised by the competent authority in the area in which the water is extracted as complying with Article 5 of Directive 2003/40, as implemented in that part of the United Kingdom or that EEA State, and which treatment does not have a disinfectant action; orin the case of natural mineral water or water intended to be bottled and labelled as “spring water”, brought into Northern Ireland from a non-EEA state, a treatment that has been authorised by the competent authority in that state in accordance with procedures for authorising ozone-enriched air treatment in that state which have been found by the Agency or equivalent authority in another part of the United Kingdom or an EEA State to be equivalent to the requirements of Article 5 of Directive 2003/40, and which treatment does not have a disinfectant action;

• “the Order” means the Food Safety (Northern Ireland) Order 1991;

• “parameter” means a property, element, organism or substance listed in the second column of any table in Part 2, 3 or 4 of Schedule 7;

• “Regulation 115/2010” means Commission Regulation (EU) No 115/2010 laying down the conditions for use of activated alumina for the removal of fluoride from natural mineral waters and spring waters ; and

• “sell” includes possess for sale and offer, expose or advertise for sale.

• (2) Expressions used in these Regulations that are also used in Directive 98/83, Directive 2009/54, Regulation 115/2010 or Directive 2013/51 have the same meaning in these Regulations as they have in those Directives or the Regulation.

• (3) References to the Annexes to Directive 98/83, Directive 2003/40, Directive 2009/54, Regulation 115/2010 and Directive 2013/51 are references to those Annexes as amended from time to time.

• (4) Any reference in these Regulations to the labelling of a bottle includes both labelling done before any water is bottled, and labelling after bottling.

• (5) The Interpretation Act (Northern Ireland) 1954 applies to these Regulations as it applies to an Act of the Assembly.

Exemptions

3

• (1) These Regulations do not apply to any water which—

• (a) is a medicinal product within the meaning of Directive 2001/83 of the European Parliament and of the Council on the Community code relating to medicinal products for human use ;

• (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 drinking by humans; or

• (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

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• (1) Natural mineral water may only be sold as natural mineral water if it is recognised in accordance with paragraph (2).

• (2) Water is recognised as natural mineral water where—

• (a) in the case of water extracted from the ground in Northern Ireland, the district council grants recognition in accordance with Part 1 of Schedule 1;

• (b) in the case of water extracted from the ground in another part of the United Kingdom, the responsible authority of that part of the United Kingdom recognises it pursuant to Directive 2009/54;

• (c) in the case of water extracted from the ground in an EEA State ..., a responsible authority of that EEA State recognises it pursuant to Directive 2009/54;

• (d) in the case of water extracted from the ground in a country other than an EEA State—

• (i) the Agency grants recognition in accordance with Part 2 of Schedule 1;

• (ii) it has an equivalent recognition, given by a responsible authority of another part of the United Kingdom, or an EEA State other than the United Kingdom.

• (3) The publication in the Official Journal of the European Union of the name of any water as a natural mineral water recognised in the European Union for the purposes of Directive 2009/54 is conclusive evidence that that water is recognised for the purposes of that Directive, except where recognition is granted in accordance with Schedule 1.

Declining to grant or withdrawing recognition

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• (1) Where, in relation to any water that has been recognised under regulation 4(2)(a) or 4(2)(d)(i) it is found that—

• (a) by analysis in accordance with Part 3 of Schedule 1, the requirements of paragraph 3 of that Part are not met;

• (b) the requirements of Schedule 4 are not met; or

• (c) the content of the water is not in accordance with Part 1, paragraph 1(c) or Part 2, paragraph 1(c) of Schedule 1.

the district council or, as the case may be, the Agency may withdraw that recognition until such time as the requirements concerned are met.

• (2) Where the district council or 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 within 6 months of being notified of the decision seek a review of the decision by a person appointed for the purpose by the Agency.

• (3) The appointed person must review the decision and consider and any representations made by the district council or the Agency and within 3 months report in writing with a recommended course of action to the Agency.

• (4) The Agency must either—

• (a) confirm the decision together with the reasons; or

• (b) direct the district council to grant or restore, or itself restore recognition of the water in question.

• (5) Where a district council is directed by the Agency under paragraph (4)(b) to grant or restore recognition, it must immediately comply with that direction.

Application to withdraw recognition

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A person who exploits a spring from which water is extracted which is recognised as natural mineral water in accordance with regulation 4(2)(a) or 4(2)(d)(i), may apply to the district council or the Agency, as appropriate, to have that recognition withdrawn.

Notification of changes

7

A district council must immediately notify the Agency if—

• (a) it grants, restores or withdraws recognition of a natural mineral water; or

• (b) it 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.

Exploitation of natural mineral water springs

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• (1) A person must not exploit a spring for the purpose of marketing the water from it as natural mineral water unless—

• (a) the water extracted from that spring is natural mineral water;

• (b) the Northern Ireland Environment Agency has authorised water to be abstracted from that spring; and

• (c) the requirements of Schedule 4 are met.

• (2) Where it is found during exploitation that natural mineral water is polluted and that the bottling of the water would contravene paragraphs 6, 7 or 8 of Schedule 4, a person must not 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

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• (1) A person must not subject natural mineral water in its state at source to—

• (a) any treatment other than—

• (i) the separation of its unstable elements, such as iron and sulphur compounds, by filtration or decanting, whether or not preceded by oxygenation, in so far as the treatment does not alter the composition of the water as regards the essential constituents which give it its properties;

• (ii) the total or partial elimination of free carbon dioxide by exclusively physical methods;

• (iii) fluoride removal treatment which is authorised in accordance with Schedule 2; or

• (iv) an ozone-enriched air oxidation technique which is authorised in accordance with Schedule 3;

• (b) any addition other than the introduction or the re-introduction of carbon dioxide to produce effervescent natural mineral water; or

• (c) any disinfection treatment by whatever means, or, subject to paragraph (1)(b), the addition of bacteriostatic elements or any other treatment likely to change the viable colony count of the 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

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• (1) A person must not bottle any natural mineral water—

• (a) unless the requirements of Schedule 4 are met;

• (b) in a container other than a container which is fitted with closures designed to avoid any possibility of adulteration or contamination; and

• (c) which, at the time of bottling, contains any substance listed in Part 1 of Schedule 5 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 Part 1 of Schedule 5 must conform to the performance characteristics for analysis specified in Part 2 of Schedule 5.

Labelling of natural mineral water

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• (1) A person must not bottle natural mineral water and label it with—

• (a) a trade description which includes the name of the locality, hamlet or other place, unless that trade description refers to a natural mineral water spring, the spring of which, is exploited at the place indicated by that description and is not misleading as regards the place of exploitation of the spring;

• (b) a trade description which is different from the name of the spring or the place of its exploitation, unless the name of the spring or place of exploitation is also labelled on the bottle, using letters at least one and a half times the height and width of the largest of the letters used for that trade description;

• (c) any indication, designation, trade mark, brand name, picture or other sign, whether figurative 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 the spring, the results of analyses or any similar references to guarantees of authenticity;

• (d) any indication other than those specified in subparagraphs (f) and (g), attributing to the natural mineral water properties relating to the prevention, treatment or cure or a human illness;

• (e) any indication listed in the first column of the Table in Schedule 6, except where the natural mineral water meets the criterion so listed and corresponds to the indication;

• (f) the indication “may be diuretic” or “may be laxative”, unless the natural mineral water has been assessed as possessing the property attributed by the indication in accordance with physico-chemical analysis and pharmacological, physiological or clinical examination as appropriate; or

• (g) the indication “stimulates digestion” or “may facilitate the hepato-biliary functions”, unless the natural mineral water has been assessed as possessing the property attributed by the indication in accordance with the physico-chemical analysis and pharmacological, physiological and clinical examination.

• (2) A person must not bottle natural mineral water and label it with a sales description other than—

• (a) “natural mineral water”; or

• (b) in the case of an effervescent natural mineral water, one of the following, as appropriate—

• (i) “naturally carbonated natural mineral water” to describe water whose content of carbon dioxide from the spring after decanting, if any, and bottling is the same as at source, taking into account, where appropriate, the reintroduction of a quantity of carbon dioxide from the same water table or deposit equivalent to that released in the course of those operations and subject to the usual technical tolerances;