The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007

5The Regulations—aprovide for exemptions from the Regulations in relation to specified types of water and ice for cooling food (regulation 3);bprescribe the conditions for recognition of natural mineral water and the procedures for withdrawal of such recognition and provide for review of decisions not to grant or to withdraw recognition where that is requested by the person affected by the decision (regulation 4);cset out the conditions which must be satisfied for springs to be exploited with a view to marketing water from them as natural mineral water and prohibit exploitation of polluted springs until the cause of the pollution is eradicated (regulation 5);dprohibit subjection of natural mineral water to treatments and additions other than specified ones, subject to an exception in the case of such water when used in the manufacture of soft drinks (regulation 6);eprohibit bottling of natural mineral water containing specified substances above specified limits and prescribe the methods to be used for detection of such substances (regulation 7(1) and (2));fprohibit bottling of natural mineral water where specified requirements relating to exploitation of the spring from which the water comes and to bottling of the water are not complied with (regulation 7(3));gprohibit bottling of natural mineral water in containers not satisfying specified requirements (regulation 7(4));hrestrict the marking and labelling that may be applied to bottled natural mineral water (including effervescent natural mineral water), require such water to be marked or labelled with specified information and in two respects regulate advertising of such water in addition to its marking and labelling (regulation 8);iprohibit sale of water in a bottle whose marking or labelling uses the name “natural mineral water” unless it is such water; impose other prohibitions in relation to the sale of bottled natural mineral water; and prohibit the sale of natural mineral water from a single spring under more than one trade description (regulation 9);jprohibit bottling of water in a bottle marked or labelled “spring water” unless the water satisfies specified requirements, prohibit such bottling where the water has been treated with ozone enriched air unless the treatment is an authorised one and prohibit exploitation of polluted springs until the cause of the pollution is eradicated (regulation 10);krestrict the marking and labelling that may be applied to spring water, require such water to be marked or labelled with specified information and in one respect regulate advertising of such water in addition to its marking and labelling (regulation 11);lprohibit sale of water bottled in a bottle marked or labelled “spring water” if the water does not comply with the requirements as regards bottling, labelling and advertisement in regulations 10 and 11 respectively, and prohibit sale of such water from one spring under more than one trade description (regulation 12);mprohibit bottling of drinking water unless it satisfies the requirements of Schedule 2 (regulation 13);nimpose restrictions on the marking, labelling and advertising of bottled drinking water (regulation 14);oprohibit sale of bottled drinking water not bottled in accordance with regulation 13 or not marked or labelled in accordance with regulation 14 (regulation 15);pallocate responsibility for the enforcement and execution of the Regulations, including the carrying out of specified checks for the purpose of ensuring that specified requirements relating to natural mineral water and the requirements as regards ozone-enriched air oxidation techniques applicable to natural mineral water and spring water are satisfied (regulation 16);qprescribe the arrangements for handling samples of water taken for analysis for the purposes of the Regulations, provide for submission of a part of the sample to the Government Chemist in specified circumstances and require that, for the purpose of determining whether water complies with Schedule 2, methods of analysis according with Article 7.5 of Directive 98/83/EC must be used (regulations 17 to 19 respectively);rprovide that contravention of specified provisions of the Regulations is an offence and prescribe the penalty applicable in the event of conviction (regulation 20);sprovide defences for any such offence in relation to water bottled, marked and labelled before the Regulations come into force and water bottled or sold in an EEA State other than the UK and compliant with the law in that EEA State when it was bottled or sold (regulation 21);tapply for the purposes of the Regulations certain provisions of the Food Safety Act 1990 and the Food Labelling Regulations 1996 (S.I. 1996/1499 as amended) (regulation 22(1) and (2));uprohibit sale of water not marked or labelled in accordance with regulation 38 (intelligibility) of those Regulations (regulation 22(3)); andvrevoke the Natural Mineral Water Spring Water and Bottled Drinking Water Regulations 1999 (SI 1999/1540 as amended) in so far as they apply in relation to England (regulation 23).

6The 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).

7A 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 Consumer Choice and Dietary Health, Labelling Standards and Allergy Division of the Food Standards Agency at Aviation House, 125 Kingsway, London WC2B 6NH and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

Footnotes

Editorial notes

SCHEDULE 1A — CONDITIONS FOR TREATMENT OF NATURAL MINERAL WATER AND SPRING WATER WITH ACTIVATED ALUMINA TO REMOVE FLUORIDE

1

A person seeking to have authorised a treatment of natural mineral water and spring water with activated alumina in order to remove fluoride shall—

• (a) apply in writing to the relevant authority within whose area the water is extracted;

• (b) permit representatives of that authority to examine the proposed method of treatment and place of treatment and take samples for analysis in accordance with regulation 17; and

• (c) provide such information in support of the application as is requested by the relevant authority.

2

The relevant authority shall assess the application and any information in its possession and shall authorise the treatment if it is satisfied that—

• (a) Articles 1 to 3 of Regulation 115/2010 are complied with in relation to the treatment; and

• (b) the treatment does not have a disinfectant action.

3

Where the relevant authority decides to authorise a treatment pursuant to paragraph 2, it shall inform the applicant in writing and state the date from which the authorisation for commercial use of the treatment has effect.

4

Where the relevant authority refuses to authorise a treatment pursuant to paragraph 2, it shall inform the applicant in writing, stating its reasons.

5

Where a treatment has been authorised pursuant to paragraph 2, the person carrying out the treatment must, for the purpose of enabling the relevant authority to assess whether the conditions in paragraph 2 continue to be satisfied—

• (a) permit representatives of the authority to examine the method of treatment and place of treatment and take samples for analysis in accordance with regulation 17; and

• (b) provide such information related to the treatment as is requested by the authority.

6

If the relevant authority is satisfied that the conditions specified in paragraph 2 are no longer fulfilled, it may withdraw authorisation of a treatment by giving the person carrying out the treatment a written notice stating the grounds for withdrawal.

7

Where the relevant authority has informed an applicant under paragraph 4 of its refusal to authorise a treatment under paragraph 2 or withdraws authorisation of a treatment under paragraph 6, the person who wishes to carry out the treatment may apply to the Secretary of State for a review of that decision.

8

Upon receiving the application for review, the Secretary of State shall —

• (a) make such enquiry into the matter as may seem to the Secretary of State to be appropriate; and

• (b) having considered the results of that enquiry and any relevant facts elicited by it, either confirm the decision or direct the relevant authority to grant or restore, as appropriate, authorisation of the treatment in respect of which the application was made.

9

In the case of such a direction, the relevant authority shall comply with the direction.

SCHEDULE 9 — PROPERTIES, ELEMENTS, SUBSTANCES AND ORGANISMS, NOT BEING PARAMETERS, WHOSE CONCENTRATION OR VALUE IN BOTTLED DRINKING WATER AND SPRING WATER MUST BE DETERMINED BY AUDIT MONITORING

Property, element, substance or organism	Property, element, substance or organism	Concentration or value	Unit	Notes
Ammonium	Ammonium	0,50	mg/l
Chloride	Chloride	250	mg/l	Note 1
Clostridum perfringens (including spores)	Clostridum perfringens (including spores)	0	number/100 ml	Note 2
Conductivity	Conductivity	2500	µS cm⁻¹ at 20oC	Note 1
Iron	Iron	200	µg/l
Oxidisability	Oxidisability	5,0	mg/ l O₂	Note 3
Coliform bacteria	Coliform bacteria	0	Number/250 ml
Total organic carbon (TOC)	Total organic carbon (TOC)	No abnormal change		Note 4
Note 1:	The water should not be aggressive.	The water should not be aggressive.	The water should not be aggressive.	The water should not be aggressive.
Note 2:	This need not be measured unless the water originates from or is influenced by surface water.	This need not be measured unless the water originates from or is influenced by surface water.	This need not be measured unless the water originates from or is influenced by surface water.	This need not be measured unless the water originates from or is influenced by surface water.
Note 3:	This need not be measured if the TOC is analysed.	This need not be measured if the TOC is analysed.	This need not be measured if the TOC is analysed.	This need not be measured if the TOC is analysed.
Note 4:	This need not be applied for supplies less than 10000 m³ per day.	This need not be applied for supplies less than 10000 m³ per day.	This need not be applied for supplies less than 10000 m³ per day.	This need not be applied for supplies less than 10000 m³ per day.

SCHEDULE 10 — PARAMETERS , PROPERTIES, ELEMENTS, SUBSTANCES AND ORGANISMS IN RELATION TO WHICH CHECK MONITORING MUST BE CARRIED OUT

Aluminium (Note 1)	Aluminium (Note 1)
Ammonium	Ammonium
Colour	Colour
Conductivity	Conductivity
Clostridium perfringens(including spores) (Note 2)	Clostridium perfringens(including spores) (Note 2)
Escherichia coli (E. Coli)	Escherichia coli (E. Coli)
Hydrogen ion concentration	Hydrogen ion concentration
Iron (Note 1)	Iron (Note 1)
Nitrite (Note 3)	Nitrite (Note 3)
Odour	Odour
Pseudomonas aeruginosa	Pseudomonas aeruginosa
Taste	Taste
Colony count 22°C and 37°C	Colony count 22°C and 37°C
Coliform bacteria	Coliform bacteria
Turbidity	Turbidity
Note 1:	Necessary only when used as flocculant
Note 2:	Necessary only if the water originates from or is influenced by surface water
Note 3:	Necessary only when chloramination is used as a disinfectant

SCHEDULE 11 — MINIMUM FREQUENCIES FOR SAMPLING AND ANALYSIS OF SPRING WATER AND BOTTLED DRINKING WATER

Minimum frequency of sampling and analysis for water put into bottles orcontainers intended for sale	Minimum frequency of sampling and analysis for water put into bottles orcontainers intended for sale	Minimum frequency of sampling and analysis for water put into bottles orcontainers intended for sale
Volume of water produced for offering for sale in bottles or containers each day (1) m³	Check monitoring number of samples per year	Audit monitoring number of samples per year
≤ 10	1	1
> 10 ≤ 60	12	1
> 60	1 for each 5 m³ and part thereof of the total volume	1 for each 100 m³ and part thereof of the total volume
(¹) The volumes are calculated as averages taken over a calendar year.	(¹) The volumes are calculated as averages taken over a calendar year.	(¹) The volumes are calculated as averages taken over a calendar year.

Additional language

3A

Nothing in these Regulations prevents a bottle being marked or labelled with any other language in addition to English.

Monitoring of water bottled and labelled as “spring water” and bottled drinking water

16A

Each food authority must, in accordance with Schedule 12, maintain a monitoring programme for, and monitor, any water that—

• (a) is water to which paragraph 3 of Schedule 12 applies (water bottled and labelled as “spring water” and bottled drinking water), and

• (b) is being bottled in its area.

Arrangements for samples taken for analysis

Secondary analysis by the Government Chemist

Methods of analysis

Offences and penalties

Defences

Application of the Act

Revocation

Water bottled and labelled as “spring water” and bottled drinking water meet the requirements of this Schedule if—

• (a) in relation to each of the parameters specified in the first column of the tables in Part 2 (microbiological parameters) and Part 3 (chemical parameters), it does not contain the parameter at a concentration or value exceeding the concentration or value specified for that parameter in the second column of the relevant table—

• (i) as measured by reference to the unit of measurement specified in the third column of the relevant table, and

• (ii) as read, in the case of the table in Part 3, with any further provision relating to the parameter, or concentration or value for the parameter, specified in the fourth column of the table,

• (b) in relation to each of the parameters specified in the first column of the table in Part 4 (radioactive substances), it does not contain the parameter at an activity concentration or value exceeding the activity concentration or value specified for that parameter in the second column of the relevant table as measured by reference to the unit of measurement specified in the third column of the table,

• (c) it does not contain (disregarding any parameters covered by sub-paragraphs (a) and (b)), any micro-organism, parasite or any other property, element or substance at a concentration or value that would constitute a potential danger to human health, and

• (d) it does not contain any substance (whether or not a parameter) at a concentration or value that, 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.

PART 3 — Parametric concentrations for chemical parameters

Parameter	Parametric concentration	Unit of measurement	Further provision
Acrylamide	0.10	µg/l
Antimony	5.0	µg Sb/l
Arsenic	10	µg As/l
Benzene	1.0	µg/l
Benzo(a)pyrene	0.010	µg/l
Boron	1.0	mg/l
Bromate	10	µg/l BrO₃/l
Cadmium	5.0	µg Cd/l
Chromium	50	µg Cr/l
Copper	2.0	mg Cu/l
Cyanide	50	µg CN/l
1,2-dichloroethane	3.0	µg/l
Epichlorohydrin	0.10	µg/l
Fluoride	1.5	mg F/l
Lead	10	µg Pb/l
Mercury	1.0	µg Hg/l
Nickel	20	µg Ni/l
Nitrate	50	mg NO3/l	The concentration (mg/l) of nitrate divided by 50 added to the concentration (mg/l) of nitrite divided by 3 must not exceed 1.
Nitrite	0.50	mg NO₂/l	The concentration (mg/l) of nitrate divided by 50 added to the concentration (mg/l) of nitrite divided by 3 must not exceed 1.
Pesticides—			Only those pesticides which are likely to be present in a given water must be monitored.
(a) individual substances—
(i) in the case of aldrin, dieldrin, heptachlor and heptachlor epoxide	0.030	µg/l	The parametric concentration applies to each individual pesticide.
(ii) in the case of other individual pesticides	0.10	µg/l	The parametric concentration applies to each individual pesticide.
(b) total pesticides	0.50	µg/l	The concentration for “total pesticides” refers to the total sum of the concentrations of all the individual pesticides detected and quantified in the monitoring procedure.
Polycyclic aromatic hydrocarbons	0.10	µg/l	The parametric concentration applies to the total sum of the concentrations of all the individual polycyclic aromatic hydrocarbons detected and quantified in the monitoring procedure.
Selenium	10	µg Se/l
Tetrachloroethene and trichloroethene	10	µg/l	The parametric concentration applies to the total sum of the concentrations of both of the parameters specified in the first column.
Trichloromethanes	100	µg/l	The parametric concentration applies to the total sum of the concentrations of all the individual trichloromethanesdetected and quantified in the monitoring procedure.
Vinyl chloride	0.50	µg/l

PART 4 — Parametric activity concentrations for radon and tritium and parametric value for indicative dose

Parameter	Parametric activity concentration or value	Unit of Measurement
Radon	100	Bq/l
Tritium	100	Bq/l
Indicative Dose	0.10	mSv

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SCHEDULE12 — Monitoring of water bottled and labelled as “spring water” and bottled drinking water

PART1 — Interpretation

General

1

In this Schedule—

• “average” means mean average;

• “the BSI” means the British Standards Institution;

• “delegate” means a person to whom a task has been delegated by a food authority under paragraph 14, as read with paragraph 56, or a person to whom a food authority intends to delegate such a task (as the case may be);

• “indicative dose” means the committed effective dose for one year of ingestion resulting from all the radionuclides (whether of natural or artificial origin) whose presence has been detected in a supply of water intended for human consumption but excluding potassium-40, radon, tritium and short-lived radon decay products;

• “limit of quantification” has the meaning given in Article 2(2) of Commission Directive 2009/90/EC laying down, pursuant to Directive 2000/60/EC of the European Parliament and of the Council, technical specifications for chemical analysis and monitoring of water status;

• “paragraph 45 determination” means a determination under paragraph 45 relating to indicative dose”;

• “parametric concentration”, in relation to a parameter specified in the first column of the table in Part 3 of Schedule 2 or a parameter specified in the first column of the table in Section 1 of Part 9 for which a maximum concentration (as opposed to a value) is set, means the maximum concentration given for the parameter in the second column of the relevant table, as measured by reference to the unit of measurement specified in the third column of the relevant table;

• “radioactive substance” has the meaning given in Article 2(2) of 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;

• ...

• “Regulation (EU) 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products;

• “sample” means a sample taken under this Schedule;

• “trueness” (the systematic error) means the difference between the mean value of the large number of repeated measurements and the true value, as further described in ISO 5725-1:1994(en) entitled “Accuracy (trueness and precision) of measurement methods and results – Part 1: General principles and definitions” published by the International Organization for Standardization on 22nd December 1994, as amended by ISO 5725-1:1994/Cor 1:1998 entitled “Accuracy (trueness and precision) of measurement methods and results – Part 1: General principles and definitions TECHNICAL CORRIGENDUM 1” published by the International Organization for Standardization on 2nd May 1998;

• “uncertainty of measurement” means a non-negative parameter characterising the dispersion of the quantity values being attributed to a measure based on the information used;

• “year” means, unless a contrary intention appears, a calendar year or such other 12 month period as a food authority may, from time to time, decide to use for the purpose of its monitoring programme.

Delegated tasks

2

Where a food authority has entered into an arrangement with a person under paragraph 14, as read with Part 10, for a delegate to carry out a task specified in the first column of the table in Section 2 of Part 10 on its behalf, any reference to a food authority in that provision, and in any related provision in this Schedule, is to be read as a reference to the delegate for the purpose of carrying out that task during the duration of the delegation arrangement.

PART 2 — General

Application

3

This Schedule applies to the monitoring of—

• (a) water that is bottled and labelled as “spring water” by a food business in the course of its business as a bottler of water, whether the bottling of water is its main business or part of its business, and

• (b) drinking water that is bottled by a food business in the course of its business as a bottler of water, whether the bottling of water is its main business or part of its business.

Sampling: general

4

• (1) For the purpose of carrying out its obligations under the provisions specified in sub-paragraph (2), each food authority must take and analyse samples of any water bottled in its area to which this Schedule applies.

• (2) The provisions are—

• (a) paragraph 7(1) (microbiological parameters);

• (b) paragraph 8(1) (chemical parameters);

• (c) paragraph 9, as read with paragraphs 23 and 25(1) (radon);

• (d) paragraph 10, as read with paragraphs 29 and 31(1) (tritium);

• (e) paragraph 11 (indicative dose), as read with—

• (i) paragraph 38(2), where a decision is taken by the food authority under paragraph 38(1) to screen water by determining its gross alpha activity to determine whether it is necessary for the authority to carry out a paragraph 45 determination for the water;

• (ii) paragraph 39(2), where a decision is taken by the food authority under paragraph 39(1) to screen water by determining its gross beta activity to determine whether it is necessary for the authority to carry out a paragraph 45 determination for the water;