LegalizeThe Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007
| Provision of the Act | Modifications |
|---|---|
| Section 2 (extended meaning of “sale” etc.) | In subsection (1), for “this Act” substitute “the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”. |
| In subsection (2), for “This Act” substitute “The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”. | |
| Section 3 (presumptions that food intended for human consumption) | In subsection (1), for “this Act” substitute “the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”. |
| Section 10(1) and (2) (improvement notices) | For subsection (1), substitute—1 If an authorised officer of an enforcement authority has reasonable grounds for believing that a person is failing to comply with any provision specified in subsection (1A) or is carrying out either a fluoride removal treatment or an ozone-enriched air treatment that has a disinfectant action, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—astate the officer’s grounds for believing that the person is failing to comply with the relevant provision;bspecify the matters which constitute the person’s failure so to comply;cspecify the measures which, in the officer’s opinion, the person must take in order to secure compliance; anddrequire the person to take those measures, or measures that are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.1A The provisions referred to in subsection (1) are—aany of regulations 4 to 15 of the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007; andbany of the following provisions of 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—iArticle 1(2) (requirement that fluoride removal treatment must be performed in accordance with the technical requirements set out in the Annex to Commission Regulation (EU) No 115/2010);iithe first sentence of Article 2 (requirement that the release of residues into natural mineral water or spring water as a result of fluoride removal treatment be as low as technically feasible according to best practices and not pose a risk to public health);iiithe second sentence of Article 2 (requirement for operators to implement and monitor the critical processing steps set out in the Annex to Commission Regulation (EU) No 115/2010);ivArticle 3(1) (requirement that the application of any fluoride removal treatment be notified to the competent authorities at least three months prior to use); andvArticle 4 (requirement that the label on natural mineral water or spring water subjected to fluoride removal treatment include specified information in proximity to the statement of the analytical composition).. |
| Section 20 (offences due to fault of another person) | For “any of the preceding provisions of this Part” substitute “section 10(2), as applied by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”. |
| Section 21(1) and (5) (defence of due diligence) | In subsection (1), for “any of the preceding provisions of this Part (in this section referred to as “the relevant provision”)” substitute “section 10(2), as applied by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”. |
| Section 29 (procurement of samples) | After “under section 32 below”, insert “as applied and modified by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”.In paragraph (d), for the words from “this Act” to “under it” substitute “the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”. |
| Section 30(6) and (8) (which relates to evidence of certificates given by a food analyst or examiner) | In subsection (8), for “this Act” substitute “the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”. |
| Section 32(1) to (7) (powers of entry) | In subsection (1), for paragraphs (a) to (c) substitute—asubject to paragraph (c), to enter any premises within the authority’s area for the purpose of ascertaining whether there is, or has been, on the premises a contravention of any of the following provisions of 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—iArticle 1(2) (requirement that fluoride removal treatment must be performed in accordance with the technical requirements set out in the Annex to Commission Regulation (EU) No 115/2010);iithe first sentence of Article 2 (requirement that the release of residues into natural mineral water or spring water as a result of fluoride removal treatment be as low as technically feasible according to best practices and not pose a risk to public health);iiithe second sentence of Article 2 (requirement for operators to implement and monitor the critical processing steps set out in the Annex to Commission Regulation (EU) No 115/2010);ivArticle 3(1) (requirement that the application of any fluoride removal treatment be notified to the competent authorities at least three months prior to use); andvArticle 4 (requirement that the label on natural mineral water or spring water subjected to fluoride removal treatment include specified information in proximity to the statement of the analytical composition); andbto enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention within that area of any of the provisions set out in paragraph (a);cbut any premises which are a private dwelling-house (whether in whole or part) may only be entered for the purposes of paragraph (a) on production of a warrant which authorises such entry and, unless the warrant provides otherwise, admission to any premises used wholly as a private dwelling-house shall not be demanded;.For subsection (2) substitute—2If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any private dwelling-house for any purpose mentioned in subsection (1)(a) the justice may, by signed warrant, authorise the authorised officer to enter the private dwelling-house, if necessary by reasonable force.”..In subsection (6)(a), for the words from “this Act” to “under it” substitute “the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”. |
| Section 33 (obstruction etc. of officers) | In subsection (1), for “this Act” in each place those words occur substitute “the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”. |
| Section 35(1) and (2) (punishment of offences) | In subsection (1), after “section 33(1) above” insert “, as applied and modified by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007,”. |
| Section 35(1) and (2) (punishment of offences) | After subsection (1), insert—1AA person guilty of an offence under section 10(2), as applied by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007, is liable, on summary conviction, to a fine.. |
| In subsection (2), for “any other offence under this Act” substitute “an offence under section 33(2), as applied by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007,”. | |
| Section 36 (offences by bodies corporate) | In subsection (1), for “this Act” substitute “section 10(2), as applied by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007,”. |
| Section 36A(offences by Scottish partnerships) | For “this Act” substitute “section 10(2), as applied by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007,”. |
| Section 37(1) and (6) (appeals) | For subsection (1) substitute—1 Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1), as applied and modified by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007, may appeal to the First-tier Tribunal.. |
| Section 37(1) and (6) (appeals) | In subsection (6)—(a) for “(3) or (4)” substitute “(1)”; and(b) in paragraph (a), for a “magistrates’ court or to the sheriff” substitute “the First-tier Tribunal”. |
| Section 39 (appeals against improvement notices) | For subsection (1) substitute—1 On an appeal against an improvement notice served under section 10(1), as applied and modified by regulation 22 of, and Schedule 13 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007, the First-tier Tribunal may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the First-tier Tribunal may in the circumstances think fit.. |
| In subsection (3), omit “for want of prosecution”. | |
| Section 44 (protection of officers acting in good faith) | For “this Act” in each place those words occur substitute “the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007”. |
Transitional provision: withdrawal from the EEA and the EU
9A
- (1) The following waters are accredited, that is to say treated for the purposes of these Regulations as if they were natural mineral waters recognised by the Secretary of State under regulation 4(1)(d)(i)—
- (a) established EU recognised natural mineral waters;
- (b) established Icelandic recognised natural mineral waters;
- (c) established Norwegian recognised natural mineral waters.
- (2) The accreditation in paragraph (1) continues to have effect in relation to a natural mineral water to which sub-paragraph (a), (b) or (c) of that paragraph applies until the relevant accreditation cessation date.
- (3) In the case of an established EU recognised natural mineral water, if the Secretary of State is of the opinion that there is at least one established recognised UK mineral water that is not treated by the responsible authority in at least one member State as a recognised mineral water for the purposes of Directive 2009/54/EC, the Secretary of State may notify the Commission that the accreditation provided for in paragraph (1)(a) in relation to established EU recognised natural mineral waters is to cease.
- (4) In the case of an established Icelandic recognised natural mineral water, if the Secretary of State is of the opinion that there is at least one established recognised UK mineral water that is not treated as a recognised mineral water in Iceland for the purposes of Directive 2009/54/EC, the Secretary of State may notify the Icelandic Food and Veterinary Authority that the accreditation provided for in paragraph (1)(b) in relation to established Icelandic recognised natural mineral waters is to cease.
- (5) In the case of an established Norwegian recognised natural mineral water, if the Secretary of State is of the opinion that there is at least one established recognised UK mineral water that is not treated in Norway as a recognised mineral water for the purposes of Directive 2009/54/EC, the Secretary of State may notify the Norwegian Food Safety Authority that the accreditation provided for in paragraph (1)(c) in relation to established Norwegian recognised natural mineral waters is to cease.
- (6) No notification may be given under paragraph (3), (4) or (5) before the end of the period of six months beginning on the day on which IP completion day falls.
- (7) The accreditation cessation date specified in a notification given under paragraph (3), (4) or (5) must be a date that is at least six months after the date on which the notification is given, beginning with the day after the day on which that notification is given.
- (8) The Secretary of State must publish a copy of any notification given under paragraph (3), (4) or (5) in such manner as appears appropriate to the Secretary of State in order to bring its effect to the notice of those that the Secretary of State considers likely to be, or representative of those likely to be, affected in England as soon as is reasonably practicable.
- (9) The Secretary of State must from time to time publish, in such manner as appears appropriate to the Secretary of State, a list of the names of the established EU, Icelandic and Norwegian recognised natural mineral waters that are treated as accredited natural mineral waters under paragraph (1) (“the paragraph 9 list”).
- (10) Where a notification is given under paragraph (3), (4) or (5), the Secretary of State must update the paragraph 9 list as soon as reasonably practicable after the accreditation cessation date specified in the notification.
- (11) The paragraph 9 list is to be treated as conclusive evidence that the waters are accredited natural mineral waters for the purposes of these Regulations.
- (12) In this regulation—
- “accreditation cessation date” means the cessation date as notified by the Secretary of State under paragraph (3), (4) or (5);
- “Directive 2009/54/EC” means Directive 2009/54/EC as incorporated into the EEA agreement, and as it had effect, immediately before IP completion day;
- “established EU recognised natural mineral water” means—a natural mineral water extracted from the ground in any member State—that immediately before IP completion day had the status of a recognised natural mineral water for the purposes of Directive 2009/54/EC, andfor which that recognition remains in force;a natural mineral water extracted from the ground in a third country—that immediately before IP completion day had the status of a recognised natural mineral waters for the purposes of Directive 2009/54/EC, having been recognised by any member State as a natural mineral water for the purpose of Directive 2009/54/EC based on a certificate (“Article 1(2) certificate”) of the type referred to in the second subparagraph of Article 1(2) of Directive 2009/54/EC issued by the responsible authority in the country of extraction,for which that recognition remains in force, andfor which the Article 1(2) certificate remains valid;
- “established Icelandic recognised natural mineral water” means a natural mineral waters extracted from the ground in Iceland—that immediately before IP completion day had the status of a recognised natural mineral waters for the purposes of Directive 2009/54/EC, andfor which that recognition remains in force;
- “established Norwegian recognised natural mineral water” means a natural mineral water extracted from the ground in Norway—that immediately before IP completion day had the status of a recognised natural mineral water for the purpose of Directive 2009/54EC, andfor which that recognition remains in force;
- “established recognised UK natural mineral water” means a natural mineral water extracted from the ground in the United Kingdom—that immediately before IP completion day had the status of a recognised natural mineral water for the purposes of Directive 2009/54/EC, andfor which that recognition remains in force;
- “member State” means a member State of the EU as constituted immediately after IP completion day;
- “third country” has the same meaning as in Directive 2009/54/EC as it had effect immediately before IP completion day.
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