The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007
[^key-2d998cd298ba35f2bf73243caa3fc89b]: Words in reg. 2(1) repealed (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2009 (S.I. 2009/1598), regs. 1, 3(a)
[^key-40aecd55912360df0da4278d0cb81f62]: Words in reg. 2(1) inserted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2009 (S.I. 2009/1598), regs. 1, 3(b)
[^key-03afbc261a2b64aa4a16a769aa72c0a0]: Words in reg. 2(1) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2009 (S.I. 2009/1598), regs. 1, 3(c)
[^key-34cd3e3c30f1260fbbbe0ed6b07560c4]: Words in reg. 2(2) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2009 (S.I. 2009/1598), regs. 1, 4(1)(2)
[^key-284a2aaf9df0f0aef5e923246528d101]: Words in reg. 2(3) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2009 (S.I. 2009/1598), regs. 1, 4(1)(2)
[^key-3baa5f55fa9daf00ad4b3625a27d9ccf]: Reg. 8(1)(c) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2009 (S.I. 2009/1598), regs. 1, 5(a)
[^key-6da2146d92e5ffbfe9f7d60c0a2d5bca]: Reg. 8(1)(h) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2009 (S.I. 2009/1598), regs. 1, 5(b)
[^key-791df7fda2fcd5df7ffb12946ed9b87a]: Reg. 8(4) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2009 (S.I. 2009/1598), regs. 1, 5(c)
[^key-f56cebb0369092cc598cadb5aba8760e]: Reg. 9(2)(c) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2009 (S.I. 2009/1598), regs. 1, 6
[^key-e65e792bd8fd418579317a842cf977cc]: Reg. 16(1) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2009 (S.I. 2009/1598), regs. 1, 7
[^key-a3ec1d17f585a738f5e748906724538e]: Sch. 4 para. 5(3) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2009 (S.I. 2009/1598), regs. 1, 8(b)
[^key-247cf000b8c78794225b2c71bd19f6cf]: Sch. 1A inserted (9.4.2010) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2010 (S.I. 2010/433), regs. 1, 8, Sch. 1
[^key-6cf118466bdb4f04fc852127045a1e8e]: Words in reg. 2(1) inserted (9.4.2010) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2010 (S.I. 2010/433), regs. 1, 3(a)
[^key-88509527327f60c8c6bf3c772b5ca548]: Words in reg. 2(1) inserted (9.4.2010) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2010 (S.I. 2010/433), regs. 1, 3(b)
[^key-3080850e759fd6b1d61e01f141e72330]: Reg. 6(1) substituted (9.4.2010) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2010 (S.I. 2010/433), regs. 1, 4
[^key-a91e1d8da8b83906bd89d760a60c4f7c]: Reg. 10(2A) inserted (9.4.2010) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2010 (S.I. 2010/433), regs. 1, 5
[^key-d2ea6073eb82dad870272bcfcc791b87]: Reg. 16(3)-(6) substituted for reg. 16(3) (9.4.2010) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2010 (S.I. 2010/433), regs. 1, 6
[^key-049fb49bc5e1568923eee90cdae710b2]: Reg. 3A inserted (6.4.2011) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2011 (S.I. 2011/451), regs. 1, 2(4) (with regs. 3, 4)
[^key-503820852185556bf49d0f0ac598a2ee]: Words in reg. 2(1) omitted (6.4.2011) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2011 (S.I. 2011/451), regs. 1, 2(2) (with regs. 3, 4)
[^key-ac3928c7b24f37e6999e93fa547ad612]: Words in reg. 4 substituted (6.4.2011) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2011 (S.I. 2011/451), regs. 1, 2(5)(a) (with regs. 3, 4)
[^key-66d9f698800a9641cfb9eb3c9261f31d]: Words in Sch. 1 para. 9 substituted (6.4.2011) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2011 (S.I. 2011/451), regs. 1, 2(5)(b) (with regs. 3, 4)
[^key-ba0d622ce7d9e4ba3248bddd4e6a9639]: Words in Sch. 1 para. 10 substituted (6.4.2011) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2011 (S.I. 2011/451), regs. 1, 2(5)(c) (with regs. 3, 4)
[^key-0c592a3336de0cf7bbb36080d1036361]: Words in Sch. 1A para. 7 substituted (6.4.2011) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2011 (S.I. 2011/451), regs. 1, 2(5)(d) (with regs. 3, 4)
[^key-89af6a7316c68c79b7d45152e50607b1]: Words in Sch. 1A para. 8 substituted (6.4.2011) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2011 (S.I. 2011/451), regs. 1, 2(5)(e) (with regs. 3, 4)
[^key-210fe90301aae72e9b9386336b424d49]: Words in Sch. 3 para. 6 substituted (6.4.2011) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2011 (S.I. 2011/451), regs. 1, 2(6) (with regs. 3, 4)
[^M_F_d8d511ff-8093-4fe4-a3c9-4956d99372f3]: Words in Sch. 3 Pt. 2 para. 1 substituted (6.4.2011) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2011 (S.I. 2011/451), regs. 1, 5(f) (with regs. 3, 4)
[^M_F_ae56e76e-8e49-4c57-a83e-e3970e637a35]: Words in Sch. 3 Pt. 2 para. 4 substituted (6.4.2011) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2011 (S.I. 2011/451), regs. 1, 2(6) (with regs. 3, 4)
[^key-5355c2a3df6a192cf755b8172ec00b7c]: Words in reg. 2(1) substituted (13.12.2014) by The Food Information Regulations 2014 (S.I. 2014/1855), Sch. 7 para. 52
[^key-7ae640b9349e9031ecb3c51c339c7d3f]: Sch. 9 omitted (6.4.2018) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), regs. 1(1), 11(a)
[^key-8de9095146f27d9a76328aa6bc08f4c0]: Sch. 10 omitted (6.4.2018) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), regs. 1(1), 11(b)
[^key-49324454f0be6b488784b0b4e2adc517]: Sch. 11 omitted (6.4.2018) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), regs. 1(1), 11(c)
[^key-926ee0fb1f5800a49f2ee786eef40cf0]: Sch. 2 substituted (6.4.2018) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), reg. 1(1), Sch. 1
[^key-a4f2f87b9b54fe4f6f6ed5c61d00e2cb]: Sch. 12 inserted (6.4.2018) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), reg. 1(1), Sch. 2
[^key-82812990461b7b3787934b05de53a5a7]: Sch. 13 inserted (6.4.2018) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), reg. 1(1), Sch. 2
[^key-1b0455cda0043e260d77646cf4e669db]: Reg. 16A inserted (6.4.2018) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), regs. 1(1), 7
[^key-a790a7ebb5fdeb1306c2e0e8b99b028d]: Reg. 22 substituted (6.4.2018) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), regs. 1(1), 9
[^key-11f631448d19a9a464704fd9cab405e5]: Words in reg. 2(1) inserted (6.4.2018) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), regs. 1(1), 3(a)
[^key-564b3fce9c2347a6fe9076c51acdc35f]: Words in reg. 2(1) substituted (6.4.2018) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), regs. 1(1), 3(b)
[^key-825d7f55ff9007adac8bbddd93cf4f4b]: Words in reg. 2(1) omitted (6.4.2018) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), regs. 1(1), 3(c)
[^key-16854dbc222afa71532aac7453f57d0c]: Word in reg. 2(1) omitted (6.4.2018) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), regs. 1(1), 3(d)
[^key-a0aa52b25a0ce2863ec77d4e9032c7a9]: Reg. 3(1)(a) substituted (6.4.2018) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), regs. 1(1), 4
[^key-efd039c4554237588be0962c72e63d8d]: Words in reg. 14(a) omitted (6.4.2018) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), regs. 1(1), 5
[^key-4abb525f311d0859873023b90ffd57f3]: Words in reg. 14(b) omitted (6.4.2018) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), regs. 1(1), 5
[^key-51a75d8a95a68715b2f3a1a94fda7544]: Words in reg. 16(6) omitted (6.4.2018) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), regs. 1(1), 6(3)
[^key-4bcf1a44d1deff0a2c67ada3e0cde276]: Words in reg. 16(5)(a) substituted (6.4.2018) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), regs. 1(1), 6(2)(a)(i)
[^key-1799f465c4d5d2485ec2830dde6cc6d7]: Reg. 16(5)(a)(ii)-(iv) omitted (6.4.2018) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), regs. 1(1), 6(2)(a)(iii)
[^key-1beb23a3b59b8a8d1d944db2557c0eb5]: Reg. 16(5)(b)-(d) omitted (6.4.2018) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), regs. 1(1), 6(2)(b)
[^key-3fef7620e2df98420d926ee70dd3ecfe]: Reg. 19 omitted (6.4.2018) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), regs. 1(1), 8(a)
[^key-fd15b5ead4d03f7c5ab5a0839e6cc4fb]: Reg. 20 omitted (6.4.2018) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), regs. 1(1), 8(b)
[^key-b81029f603e574ad0a2dbe82bda7434b]: Reg. 21 omitted (6.4.2018) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) (Amendment) Regulations 2018 (S.I. 2018/352), regs. 1(1), 8(c)
[^key-8c8cd3ef5b2b501da8091d0ece345e00]: Words in Sch. 12 para. 5(1) substituted (29.3.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), 27(2)(a)
[^key-090d4515a803750786565e1d9afe76be]: Word in Sch. 12 para. 32(3)(c) inserted (29.3.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), 27(2)(b)
[^key-f939bbbf4378d489e817a2ca5f45f235]: Words in Sch. 12 Pt. 10 substituted (29.3.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments etc.) Regulations 2019 (S.I. 2019/526), regs. 1(2), 27(2)(c)
[^key-c4ef3808c73972e06de0be32fb6a95c6]: Words in Sch. 12 para. 1 omitted (14.12.2019) by virtue of The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 24(a)(i)
[^key-4dd511329e4e7c62e0bd5db797564e71]: Words in Sch. 12 para. 1 inserted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 24(a)(ii)
[^key-12cc80e4e8bb637723dc6382628b2784]: Sch. 12 para. 5(1)(b) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 24(b)(i)
[^key-9f692a022313691997ec4a8b231ef686]: Sch. 12 para. 14(a)(ii) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 24(b)(ii)(aa)
[^key-675ef3981a70a9bf4f9a7cdd6d197928]: Sch. 12 para. 14(b) substituted (14.12.2019) by The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) Regulations 2019 (S.I. 2019/1488), regs. 1(1), 24(b)(ii)(bb)
[^key-1fb379651314750466c29f83c22ff37a]: Reg. 9A inserted (31.12.2020) by The Environment, Food and Rural Affairs (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/778), regs. 1, 2 (as amended by S.I. 2020/1501, regs. 1(a), 5(2)); 2020 c. 1, Sch. 5 para. 1(1)
[^key-2e8bc84a62d6247f42a7ca7466ee6361]: Words in Sch. 3 Pt. 2 heading substituted (31.12.2020) by The Food (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/150), regs. 1, 3(6)(a); 2020 c. 1, Sch. 5 para. 1(1)
[^key-7fa271595ae4d99c43ae9472bbefbb2d]: Words in reg. 3(1)(a) substituted (31.12.2020) by The Human Medicines (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/775), reg. 1, Sch. 8 para. 9; 2020 c. 1, Sch. 5 para. 1(1)
[^key-1231ded61379fa5913d6e2316a25cbae]: Reg. 3(1)(d) substituted (31.12.2020) by The Food (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/150), regs. 1, 3(3) (as substituted by S.I. 2020/1501, regs. 1(a), 3(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
[^key-6b2692566683d43c5ca29657328d1f9f]: Reg. 4(8) omitted (31.12.2020) by virtue of The Food (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/150), regs. 1, 3(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
[^key-46ecbc6cdbbbcaa77ad7c8ab10c713ed]: Words in reg. 4(1)(b) substituted (31.12.2020) by The Food (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/150), regs. 1, 3(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
[^key-2031451f313ecf305ca73906f7f13c86]: Reg. 4(1)(c) omitted (31.12.2020) by virtue of The Food (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/150), regs. 1, 3(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
[^key-e67939ca4b53d64096f56e6c1b8a33ab]: Words in reg. 4(1)(d) substituted (31.12.2020) by The Food (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/150), regs. 1, 3(4)(a)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
[^key-c9c2b22884d894711e4803714c454207]: Reg. 16(5)(a)(i) omitted (31.12.2020) by virtue of The Food (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/150), regs. 1, 3(5); 2020 c. 1, Sch. 5 para. 1(1)
[^key-f9d25a1b9210b752b3dfdcdaa350c9c8]: Words in Sch. 3 Pt. 2 para. 1 substituted (31.12.2020) by The Food (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/150), regs. 1, 3(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
[^key-1d4d1ddf083b6c3bdaf37d5867dc20f6]: Words in Sch. 12 para. 8(5) omitted (31.12.2020) by virtue of The Food (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/150), regs. 1, 3(7)(a); 2020 c. 1, Sch. 5 para. 1(1)
[^key-6c01c003f610f9cb3a58e0ecc73d6e86]: Words in Sch. 12 para. 8(5) omitted (31.12.2020) by virtue of The Food (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/150), regs. 1, 3(7)(b); 2020 c. 1, Sch. 5 para. 1(1)
[^key-85f430b76143be9da12faf16ff0ba4d5]: Words in reg. 2(1) substituted (31.12.2020) by The Food (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/150), regs. 1, 3(2)(a) (as substituted by S.I. 2020/1501, regs. 1(a), 3(2)(a)); 2020 c. 1, Sch. 5 para. 1(1)
[^key-90378976f7b7b69122ab3196c9d07039]: Words in reg. 2(1) substituted (31.12.2020) by The Food (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/150), regs. 1, 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
[^key-bf731d3a86b28eb7733f79812f64ce30]: Words in reg. 2(1) omitted (31.12.2020) by virtue of The Food (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/150), regs. 1, 3(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
[^key-281c6d8841fd94a330fae8fee4872e58]: Words in reg. 2(1) inserted (31.12.2020) by The Food (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/150), regs. 1, 3(2)(d); 2020 c. 1, Sch. 5 para. 1(1)
[^key-35689ae9c1fe8f34ea0a8bde6b126af0]: Reg. 4(1)(d)(ii)-(iv) substituted for reg. 4(1)(d)(ii) (31.12.2020) by The Food (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/150), regs. 1, 3(4)(a)(iii)(bb) (as substituted by S.I. 2020/1501, regs. 1(a), 3(2)(c))); 2020 c. 1, Sch. 5 para. 1(1)
[^key-291145a49a93f5e418f5fe1f26fde5a7]: Words in reg. 4(7)(b) substituted (31.12.2020) by The Food (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/150), regs. 1, 3(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
[^key-037a40d32aa881b323345c0c44d1209e]: Words in reg. 2(1) inserted (31.12.2020) by The Food (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/150), regs. 1, 3(2)(e); 2020 c. 1, Sch. 5 para. 1(1)
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;
- (iii) paragraph 40(2), where a decision is taken by the food authority under paragraph 40(1) to screen water by analysing one radionuclide to determine whether it is necessary for the authority to carry out a paragraph 45 determination for the water;
- (iv) paragraph 41(2), where a decision is taken by the food authority under paragraph 41(1) to screen water by analysing more than one radionuclide to determine whether it is necessary for the authority to carry out a paragraph 45 determination for the water;
- (v) paragraph 43(1) (determination relating to the presence and concentration of radionuclides);
- (f) paragraph 12, as read with paragraph 50(1) (indicator parameters);
- (g) paragraph 13 (other parameters not mentioned in this sub-paragraph).
- (3) For the purpose of its sampling obligations under this Schedule, a food authority must take samples of water at the point at which the water is put into a bottle.
Sampling: non-radioactive substances
5
- (1) In the case of samples of water that a food authority must take and analyse to enable it to discharge its obligations under the provisions specified in paragraph 4(2)(a), (b), (f) and (g), each food authority must take and analyse such samples regularly, having regard to the provisions contained in—
- (a) Article 17(2) 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 (monitoring responsibilities), and
- (b) Article 9 of Regulation (EU) 2017/625.
- (2) Where, under sub-paragraph (1), a food authority only takes one sample in a year of any water in its area to which this Schedule applies, the authority must take the samples from year to year at intervals that are spread out in such a way—
- (a) to avoid the results, when considered together, giving a potentially distorted picture of the state of the water because the samples have been taken too closely together in time, and
- (b) so that the results, when considered together, provide information about the water that is representative of the quality of the water during the relevant years.
- (3) Where, under sub-paragraph (1), a food authority takes more than one sample in a year of any water in its area to which this Schedule applies, the authority must take the samples at intervals that are spread out throughout the year in such a way—
- (a) to avoid the results, when considered together, giving a potentially distorted picture of the state of the water because the samples have been taken too closely together in time, and
- (b) so that the results, when considered together, provide information about the water that is representative of the quality of the water during the course of that year.
Monitoring: radioactive substances
6
In the case of samples that a food authority must take and analyse to discharge its obligations under the provisions specified in paragraph 4(2)(c) to (e), the samples must—
- (a) be taken and analysed by the food authority no less frequently than provided for in the table in Part 3, unless—
- (i) a decision is taken by the authority under paragraph 27, 33, 42 or 47 to reduce the minimum frequency at which it must take and analyse samples, in which case the authority must take and analyse samples at the reduced minimum frequency decided by it under the relevant paragraph until such time as it takes a different decision relating to the minimum frequency at which relevant samples must be taken and analysed;
- (ii) a decision is taken by the authority under paragraph 42 or 47 to stop taking and analysing samples, in which case the authority, in accordance with that decision, is not obliged to take and analyse samples until such time as it takes a different decision relating to the minimum frequency at which relevant samples must be taken and analysed;
- (b) be taken, in so far as possible, so that the number of samples are distributed equally in time and (where appropriate) location.
Microbiological parameters
7
- (1) A food authority must monitor the value for each of the parameters specified in the first column of the table in Part 2 of Schedule 2 (microbiological parameters) in any water in its area to which this Schedule applies by analysing a sample of the water to determine whether the value for the parameter in the sample exceeds the value specified for the parameter in the second column of the table, as measured by reference to the unit of measurement specified in the third column of the table.
- (2) For the purpose of the determination required by sub-paragraph (1), the food authority must analyse the sample using the method of analysis for the relevant parameter specified in Part 4.
Chemical parameters
8
- (1) A food authority must monitor the concentration of each of the parameters specified in the first column of the table in Part 3 of Schedule 2 (chemical parameters) in any water in its area to which this Schedule applies by analysing a sample of the water to determine whether the concentration of the parameter in the sample exceeds the concentration specified for the relevant parameter in the second column of the table—
- (a) as measured by reference to the unit of measurement specified in the third column of the table, and
- (b) as read, in the case of a parameter for which there is an entry in the fourth column of the table, with the further provision relating to the parameter or parametric concentration specified in that entry.
- (2) For the purpose of the determination required by sub-paragraph (1), the food authority must analyse the sample using a method of analysis that complies with Part 5.
- (3) But sub-paragraph (2) does not apply, and it is not necessary for a food authority to analyse a sample of water under sub-paragraph (1) to determine whether the concentration of acrylamide, epichlorohydrin or vinyl chloride exceeds the concentration specified for that parameter in the second column of the table in Part 3 of Schedule 2, where—
- (a) the food authority is satisfied that the water, before it is bottled, does not come into contact with a pipe or other construction product that has been constructed using that parameter as a component in its construction, or
- (b) in other cases, the food authority is satisfied, on the basis of a certificate of conformity, declaration of conformity or declaration of performance relating to a pipe or other construction product that the water comes into contact with, or may come into contact with, before being bottled, and any other related information that it considers to be relevant, that any residual monomer concentration of that parameter in the water does not exceed the concentration for that parameter specified in the second column of the table in Part 3 of Schedule 2.
- (4) A food authority must not use the uncertainty of measurement percentage specified in the second column of the table in Section 2 of Part 5 (which is concerned with whether a method of analysis complies with minimum performance characteristics) as an additional tolerance when determining whether a parameter specified in the first column of the table in Part 3 of Schedule 2 exceeds the concentration for that parameter specified in the second column of the table in Part 3 of Schedule 2.
- (5) In sub-paragraph (3)(b)—
- “certificate of conformity” means a certificate of conformity issued on or before 30th June 2013—under the Construction Products Regulations 1991; ......
- “construction product” has the meaning given in point (1) of Article 2 of Regulation (EU) No 305/2011 of the European Parliament and of the Council laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC;
- “declaration of conformity” means a declaration of conformity issued on or before 30th June 2013—under the Construction Products Regulations 1991; ......
- “declaration of performance” means a declaration of performance drawn up in accordance with Article 4 of Regulation (EU) No 305/2011 of the European Parliament and of the Council.
Radon
9
A food authority must monitor the level of radon in any water in its area to which this Schedule applies in accordance with Part 6.
Tritium
10
A food authority must monitor the level of tritium in any water in its area to which this Schedule applies in accordance with Part 7.
Indicative dose
11
A food authority must monitor the level of the indicative dose for any water in its area to which this Schedule applies in accordance with Part 8.
Indicator parameters
12
A food authority must monitor the concentration or value (as the case may be) of each of the parameters specified in the first column of the table in Section 1 of Part 9 (indicator parameters) in any water in its area to which this Schedule applies in accordance with Part 9.
Other parameters
13
Where a food authority believes, or has reason to suspect, that a property, element, substance or organism that is not specified in any of the tables in Schedule 2 or the table in Section 1 of Part 9, may be present in any water in its area to which this Schedule applies at any concentration, or in any number, that may constitute a potential danger to human health, it must take and analyse samples of the water, on a case by case basis, to determine whether that property, element, substance or organism is present in the water and whether it is present in the water at any concentration, or in any number, that may constitute a potential danger to human health.
Delegation of tasks
14
To enable a food authority to discharge its functions under this Schedule, a food authority may from time to time enter into an arrangement with another person under which the food authority delegates specified tasks to the delegate to carry out on behalf of the food authority on condition that—
- (a) such arrangement is in accordance with—
- (i) Part 10, and
- (ii) Article 29 of Regulation (EU) 2017/625, and
- (b) the food authority notifies the Secretary of State, in advance of the proposed delegation, of the tasks that are being delegated to a delegated body.
Quality management practices
15
- (1) A food authority must not analyse a sample taken for the purpose of carrying out its monitoring obligations under regulation 16A, as read with this Schedule, unless quality management practices that comply with BS EN ISO/IEC 17025:2017 entitled “General requirements for the competence of testing and calibration laboratories” (ISBN 978 0 580 88466 5) published by the BSI on 31st December 2017, or another equivalent standard accepted at international level, are being complied with at the laboratory in which the sample is analysed.
- (2) But, in the case of the analysis of a sample for the purposes of the monitoring obligations under the provisions specified in sub-paragraph (3), it is sufficient if the laboratory at which the sample is analysed has a system of analytical quality control in place that is checked by the United Kingdom Accreditation Service from time to time.
- (3) The provisions are those in—
- (a) paragraph 9, as read with Part 6 (radon),
- (b) paragraph 10, as read with Part 7 (tritium), and
- (c) paragraph 11, as read with Part 8 (indicative dose).
Validation and documentation
16
- (1) A food authority must ensure that any analysis that it carries out for the purpose its monitoring obligations under regulation 16A, as read with this Schedule, is validated and documented in accordance with BS EN ISO/IEC 17025:2017 entitled “General requirements for the competence of testing and calibration laboratories” (ISBN 978 0 580 88466 5) published by the BSI on 31st December 2017 or another equivalent standard accepted at international level.
- (2) But, in the case of the analysis of a sample for the purpose of the monitoring obligations under the provisions specified in sub-paragraph (3), it is sufficient if the laboratory at which the sample is analysed has a system of analytical quality control in place that is checked by the United Kingdom Accreditation Service from time to time.
- (3) The provisions are those in—
- (a) paragraph 9, as read with Part 6 (radon),
- (b) paragraph 10, as read with Part 7 (tritium), and
- (c) paragraph 11, as read with Part 8 (indicative dose).
PART3 — Minimum sampling and analyses frequencies for monitoring radioactive substances
| Average volume of water bottled each day within a supply zone m³ | Number of samples per year |
|---|---|
| (1)The volume of water bottled each day must be calculated as an average taken over a year. | (1)The volume of water bottled each day must be calculated as an average taken over a year. |
| (2)“a supply zone” means a geographically defined area within which water intended for human consumption comes from one or more sources and within which water quality may be considered as being approximately uniform. | (2)“a supply zone” means a geographically defined area within which water intended for human consumption comes from one or more sources and within which water quality may be considered as being approximately uniform. |
| 1,000 or less | 1 |
| More than 1,000 but less than or equal to 10,000 | 1 |
| More than 1,000 but less than or equal to 10,000 | Plus 1 for each 3,300m³ of the average volume produced each day |
| More than 1,000 but less than or equal to 10,000 | Plus 1 for any remaining part of the average volume produced each day that is less than 3,300m³ |
| More than 10,000 but less than or equal to 100,000 | 3 |
| More than 10,000 but less than or equal to 100,000 | Plus 1 for each 10,000 m³ of the average volume produced each day |
| More than 10,000 but less than or equal to 100,000 | Plus 1 for any remaining part of the average volume produced each day that is less than 10,000 m³ |
| More than 100,000 | 10 |
| More than 100,000 | Plus 1 for each 25,000 m³ of the average volume produced each day |
| More than 100,000 | Plus 1 for any remaining part of the average volume produced each day that is less than 25,000 m³ |
PART4 — Methods of analyses relating to specified microbiological parameters
| Parameter | Method of analysis |
|---|---|
| Escherichia coli (E. coli) | BS EN ISO 9308-1:2014+A1:2017 entitled “Water quality — Enumeration of Escherichia coli and coliform bacteria. Part 1: Membrane filtration method for waters with low bacterial background flora (ISO 9308-1:2014)” (ISBN 978 0 580 92379 1) published by the BSI on 31st October 2014, as amended on 28th February 2017, or BS EN ISO 9308-2:2014 entitled “Water quality — Enumeration of Escherichia coli and coliform bacteria. Part 2: Most probable number method” (ISBN 978 0 580 84023 4) published by the BSI on 30th June 2012, as amended by a corrigendum issued on 30th June 2014 |
| Enterococci | BS EN ISO 7899-2:2000, BS 6068-4.4:2000 entitled “Water quality — Detection and enumeration of intestinal enterococci — Part 2: Membrane filtration method” (ISBN 0 580 34953 5) published by the BSI on 15th August 2000 |
| Pseudomonas aeruginosa | BS EN ISO 16266:2008 entitled “Water quality — Detection and enumeration of Pseudomonas aeruginosa — Method by membrane filtration” (ISBN 978 0 580 59736 7) published by the BSI on 31st March 2008 |
| Colony count 22ºC – enumeration of culturable microorganisms | BS EN ISO 6222: 1999, BS 6068-4.5:1999 entitled “Water quality — Enumeration of cultural micro-organisms — Colony count by inoculation in a nutrient agar culture medium” (ISBN 0 580 32495 8) published by the BSI on 15th August 1999 |
| Colony count 36ºC – enumeration of culturable microorganisms | BS EN ISO 6222: 1999, BS 6068-4.5:1999 entitled “Water quality — Enumeration of cultural micro-organisms — Colony count by inoculation in a nutrient agar culture medium” (ISBN 0 580 32495 8) published by the BSI on 15th August 1999 |
PART5 — Methods of analysis relating to chemical parameters
SECTION1 — Methods of analysis
Method of analysis
17
In relation to a parameter specified in the first column of the table in Part 3 of Schedule 2 (chemical parameters)—
- (a) where there is a method of analysis that meets minimum performance characteristics that can be used by a food authority to analyse a sample for the purpose of making a determination in relation to that parameter under paragraph 8, the food authority must analyse the sample using that method of analysis (or using any one of them in a case where more than one method of analysis meets minimum performance characteristics);
- (b) where there is no such method of analysis, the food authority must analyse a sample under paragraph 8 using the best available technique not entailing excessive cost.
Minimum performance characteristics
18
- (1) For the purpose of paragraph 17(a), a method of analysis for a parameter specified in the first column of the table in Section 2 (minimum performance characteristics for a method of analysis) is a method of analysis that complies with minimum performance characteristics if it is a method of analysis that—
- (a) is capable of measuring concentrations equal to the parametric concentration of that parameter with a limit of quantification of 30% or less of the relevant parametric concentration,
- (b) has an uncertainty of measurement that does not exceed the percentage of the parametric concentration for the parameter specified in the second column of the table,
- (c) in the case of benzo(a)pyrene, complies, where relevant, with the requirement specified in the third column of the table, and
- (d) in the case of cyanide, complies with the requirement specified in the fourth column of the table.
- (2) In the case of a parameter specified in the first column of the table in Section 2, where a method of analysis that complies with the requirements of sub-paragraph (1) is used to determine whether the concentration of that parameter exceeds the concentration specified for that parameter in the table in Part 3 of Schedule 2, the result of the analysis carried out using that method of analysis must be expressed using at least the same number of significant figures as the number of significant figures used to specify that parametric concentration in the table in Part 3 of Schedule 2.
Minimum performance characteristics: individual pesticides
19
- (1) For the purpose of paragraph 17(a), a method of analysis for an individual pesticide is a method of analysis that complies with minimum performance characteristics if it is a method of analysis that—
- (a) is capable of measuring concentrations equal to the parametric concentration for that pesticide with a limit of quantification of 30% or less of the relevant parametric concentration;
- (b) has an uncertainty of measurement that does not exceed 30% of the parametric concentration for that pesticide or, where there is no method of analysis for the pesticide that does not exceed 30% of that concentration, an uncertainty of measurement that does not exceed—
- (i) where there is a method of analysis for the pesticide that has an uncertainty of measurement of more than 30% but less than 80%—
- (aa) the uncertainty of measurement percentage that applies in relation to that method of analysis, or
- (bb) where there is more than one such method of analysis for the pesticide, the lowest of those percentages, or
- (ii) 80%, where there is not a method of analysis for the pesticide that has an uncertainty of measurement of less than 80%.
- (2) Where a method of analysis that complies with the requirements of sub-paragraph (1) is used to determine whether the concentration of an individual pesticide exceeds the parametric concentration specified in the table in Part 3 of Schedule 2 that applies to that pesticide, the result of the analysis carried out using that method of analysis must be expressed using at least the same number of significant figures as the number of significant figures used to specify the parametric concentration that applies to that pesticide in the table.
Alternative minimum performance characteristics
20
- (1) For the purpose of paragraph 17(a), until the end of 31st December 2019, a method of analysis for a parameter specified in the first column of the table in Section 3 (alternative minimum performance characteristics for a method of analysis that may be used until the end of 31st December 2019) is a method of analysis that complies with minimum performance characteristics if it is a method of analysis that—
- (a) is capable of measuring parametric concentrations with a trueness not less than the percentage of the parametric concentration specified in the second column of the table,
- (b) is capable of measuring parametric concentrations with a precision not less than the percentage of the parametric concentration specified in the third column of the table,
- (c) has a limit of detection that does not exceed the percentage of the parametric concentration specified in fourth column of the table, and
- (d) in the case of cyanide, complies with the requirement specified in the fifth column of the table.
- (2) For the purpose of sub-paragraph (1)(b) and the table in Section 3, “precision” (the random error) is twice the relative standard deviation (within a batch and between batches) of the spread of results from the mean 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.
- (3) For the purpose of subparagraph (1)(c) and the table in Section 3, the limit of detection is—
- (a) three times the standard deviation within a batch of a natural sample containing a low concentration of the parameter, or
- (b) five times the standard deviation of a blank sample within a batch.
Uncertainty of measurement
21
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