The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment (No. 2) Regulations 2010

Made: 23rd March 2010

Laid before the Scottish Parliament: 24th March 2010

Coming into force: 9th April 2010

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[^f00003].

Citation and commencement

1

These Regulations may be cited as the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment (No. 2) Regulations 2010 and come into force on 9thApril 2010.

Amendment of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2010

2

The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2010[^f00004] are amended in accordance with regulations 3 and 4.

3

In Schedule 1 (Schedule inserted after Schedule 1 to the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007[^f00005]), for “relevant authority” wherever it appears in the inserted Schedule 1A substitute “food authority”.

4

In Schedule 2 (Schedules inserted after Schedule 8 to the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007), in the inserted Schedule9—

• (a) in the entry for Ammonium—

• (i) in the column headed “Concentration or value”, for “200” substitute “0,50”; and

• (ii) in the column headed “Unit”, for “µg/l“ substitute “mg/l”; and

• (b) in Notes 2, 3 and 4, “parameter” is omitted in each place where it appears.

Signed

SHONA ROBISON — Authorised to sign by the Scottish Ministers — 23rd March 2010

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2010 in order to correct errors in the new Schedules 1A and 9 to be inserted by those Regulations into the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007.

No Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the costs of business.

Footnotes

[^f00001]: 1990 c.16. Section1(1) and (2) (definition of “food”) was substituted by S.I.2004/2990; sections 16(1), 17, 31 and48(1) were amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999 (c.28) (“the 1999 Act”); section17 was also amended by paragraph 12 of Schedule 5 to the 1999 Act; section48(4) is disapplied in respect of these Regulations by virtue of section48(4C) which was inserted by S.I.2004/2990; amendments made by Schedule5 to the 1999 Act shall be taken as pre‑commencement enactments for the purposes of the Scotland Act 1998 (c.46) (“the1998 Act”) by virtue of section40(2) of the 1999 Act. The functions of the Secretary of State, in so far as within devolved competence were transferred to the Scottish Ministers by virtue of section53 of the 1998 Act. In so far as not so transferred, and in so far as relating to food (including drink) including the primary production of food, relevant functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministersetc.) Order 2005 (S.I.2005/849).

[^f00002]: Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.

[^f00003]: O.J. No. L31, 1.2.02, p.1 as amended by Regulation (EC) No.1642/2003 of the European Parliament and of the Council (O.J. No.L245, 29.9.2003, p.4), Commission Regulation (EC) No.575/2006 (O.J. No.L100, 8.4.2006, p.3), Commission Regulation (EC) No. 202/2008 (O.J. No. L60, 5.3.2008, p.17) and Regulation (EC) No. 596/2009 of the European Parliament and of the Council (O.J. No. L188, 18.7.2009, p.14).

[^f00004]: S.S.I. 2010/89.

[^f00005]: S.S.I. 2007/483, amended by S.S.I. 2009/273.