Legalize / United Kingdom / Statutory-Instrument

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

Type Statutory-Instrument

Publication 2007-09-19

Last updated 2023-10-01

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(2) Where a food authority has made a decision under sub-paragraph (1) to stop taking samples of water for the purpose of carrying out a paragraph 45 determination for the water but a change occurs in relation to the supply of the water that the food authority believes is likely to influence the concentration of radionuclides in the water, a food authority must—

(a) take and analyse a sample of the water using one of the screening methods specified in paragraph 37, or

(b) take and analyse a sample of the water and use the results of that analysis to make a paragraph 45 determination for the water.

(3) A food authority which has made a decision under sub-paragraph (1) to stop taking samples of any water, or to reduce the frequency at which it takes samples of the water, for the purpose of making paragraph 45 determinations for any water in its area may at any time decide to start taking samples of the water again at the frequency provided for in the table in Part 3 or, in accordance with sub-paragraph (1), at some other reduced frequency.

Treated bottled drinking water

48

The provisions of this Part, except for paragraph 47, apply to bottled drinking water that has been treated to reduce the level of radionuclides in the water in the same way as it applies to water that has not been treated in that way.

SECTION2 — Minimum levels of detection

Radionuclides	Limit of detection – Bq/l	Additional provision
U-238	0.02
U-234	0.02
Ra-226	0.04
Ra-228	0.02	The limit of detection in the second column only applies to the initial screening relating to the indicative dose for a new water source.If initial analysis indicates that it is not plausible that Ra-228 will exceed 20% of its derived concentration, the food authority may increase the minimum limit of detection to 0.08 Bq/l for routine Ra-228 nuclide specific measurements, until a recheck is required following a change in the supply of the water that the food authority believes may influence the activity concentration of Ra-228 in the water. The food authority may increase the minimum level of detection back to 0.08 Bq/l again following the result of any recheck if the result of the analysis carried out in relation to that determines that the concentration of Ra-228 in the water does not exceed 20% of its derived concentration.
Pb-210	0.02
Po-210	0.01
C-14	20
Sr-90	0.4
Pu-239/Pu-240	0.04
Am-241	0.06
Co-60	0.5
Cs-134	0.5
Cs-137	0.5
I-131	0.5

SECTION3 — Interpretation

Derived concentration

49

(1) In this Part, “derived concentration” in relation to a radionuclide specified in the first column of the following table, means the derived concentration of the radionuclide specified in the second column of that table.

Radionuclide	Derived concentration - Bq/l
U-238	3.0
U-234	2.8
Ra-226	0.5
Ra-228	0.2
Pb-210	0.2
Po-210	0.1
C-14	240
Sr-90	4.9
Pu-239/Pu-240	0.6
Am-241	0.7
Co-60	40
Cs-134	7.2
Cs-137	11
I-131	6.2

(2) In this Part, “derived concentration” in relation to a radionuclide that is not specified in the first column of the table in sub-paragraph (1) means the derived concentration of the radionuclide expressed in becquerels per litre and calculated using the following formula—

(3) For the purpose of the formula in sub-paragraph (2) “ICRP dose coefficient mSv” means the number of millisieverts per becquerel represented by the dose coefficient for an adult for the relevant radionuclide specified in the last column of the table in Annex F (effective dose coefficients for ingestion of radionuclides for members of the public) to ICRP Publication 119 entitled “Compendium of Dose Coefficients based on ICRP Publication 60” published in Volume 41 of Supplement 1 2012 of the Annals of the ICRP on behalf of the International Commission on Radiological Protection by Elsevier and approved by the Commission in October 2011 (ISBN 978-1-4557-5430-4).

PART9 — Monitoring obligations relating to indicator parameters

SECTION1 — Parametric concentrations and values for indicator parameters

Parameter	Parametric concentration or value	Units ofmeasurement	Further provision	Additional requirements
Aluminium	200	µg/l
Ammonium	0.50	mg/l
Chloride	250	mg/l		The water must not be aggressive.
Clostridium perfringens and spores of Clostridium perfringens	0	number/100ml	This parameter only needs to be checked if the water originates from, or is influenced by, surface water.
Colour	Acceptable to consumers and no abnormal change
Conductivity	2,500	µS cm⁻¹ at 20°C		The water must not be aggressive.
Hydrogen ion concentration	9.5	pH units		The pH of the water must not be lower than 4.5.The water must not be aggressive.
Iron	200	µg/l
Manganese	50	µg/l
Odour	Acceptable to consumers and no abnormal change
Oxidisability	5.0	mg/l O₂	This parameter does not need to be checked if total organic carbon is analysed.
Sulphate	250	mg/l		The water must not be aggressive.
Sodium	200	mg/l
Taste	Acceptable to consumers and no abnormal change
Colony Count 22° C	No abnormal change
Coliform bacteria	0	number/250ml
Total organic carbon	No abnormal change		This parameter does not need not be checked for supplies of less than 10,000m³ a day.
Turbidity	Acceptable to consumers and no abnormal change

SECTION2 — Monitoring obligations

Analysis of sample

50

(1) Each 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 in water in its area to which this Schedule applies by analysing a sample of the water to determine whether—

(a) the concentration of, or value for, the parameter in the sample exceeds the concentration of, or value for, that parameter specified in the second column of the table—

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

(ii) as read, in relation to a parameter specified in the first column of the table for which there is an additional requirement specified in the fourth column of the table, with the provision relating to the need to check the parameter specified in the fourth column of the table, and

(b) in relation to a parameter specified in the first column of the table for which there is an additional requirement specified in the fifth column of the table, the water complies with that additional requirement.

(2) For the purpose of the determination required by sub-paragraph (1), the food authority must analyse the sample—

(a) in the case ofClostridium perfringens, and spores of Clostridium perfringens, using the method of analysis in BS EN ISO 14189:2016 entitled “Water quality — Enumeration of Clostridium perfringens — Method using membrane filtration (ISO 14189:2013)” (ISBN 978 0 580 92184 1), as amended by a corrigendum issued on 31st August 2016;

(b) in the case of coliform bacteria, using the method of analysis in—

(i) 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

(ii) 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 November 2013, as amended by a corrigendum issued on 30th June 2014;

Clostridium perfringens

51

In a case where a food authority determines that a sample of water contains any Clostridium perfringens, or spores of Clostridium perfringens, the food authority must investigate the water supply to determine whether there is any potential danger to human health arising from the presence in the water of pathogenic microorganisms.

Uncertainty of measurement

52

A food authority must not use the uncertainty of measurement percentage specified in the second column of the table in Section 4 (which is concerned with whether a method of analysis complies with minimum performance characteristics) as an additional tolerance when determining whether the concentration of a parameter specified in the first column of the table in Section 1 in a sample of water exceeds the concentration for that parameter specified in the second column of the table in Section 1.

SECTION3 — Method of analysis

Method of analysis

53

In relation to a parameter specified in the first column of the table in Section 1—

(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 50, 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 50 using the best available technique not entailing excessive cost.

Minimum performance characteristics

54

(1) For the purpose of paragraph 53(a), a method of analysis for a parameter specified in the first column of the table in Section 4 (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 values 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 in Section 4, as read with any further provision relating to the calculation of the uncertainty of measurement specified in the third column of the table, and

(2) For the purpose of sub-paragraph (1)(b), the performance criterion for uncertainty of measurement (k = 2) for a parameter specified in the first column of the table in Section 4 is not less than the percentage specified in the second column of the table of the concentration or value for the parameter specified in the second column of the table in Section 1.

(3) A method of analysis for hydrogen ion concentration pH is a method of analysis that complies with minimum performance characteristics if it is a method of analysis that—

(a) is capable of measuring hydrogen ion concentration pH equal to 4.5 pH with a limit of quantification of 30% or less, and

(b) has an uncertainty of measurement that does not exceed 0.2 of a pH unit.

(4) For the purpose of sub-paragraph (3)(b), the performance criterion for uncertainty of measurement (k = 2) for hydrogen ion concentration pH is not less than 0.2 of a pH unit.

(5) Unless otherwise specified in the third column of the table in Section 4, food authorities must estimate uncertainty of measurement for a parameter specified in the first column of the table at the level of the concentration for the parameter specified in the second column of the table in Section 1.

(6) Where a method of analysis that complies with the requirements of sub-paragraph (1) is used to determine whether the concentration of a parameter specified in the first column of the table in Section 4 exceeds the concentration specified for that parameter in the second column of the table in Section 1, 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 second column of the table in Section 1.

Alternative minimum performance characteristics

55

(1) For the purpose of paragraph 53(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 5 (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 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 concentrations with a precision not less than the percentage of the parametric concentration specified in the third column of the table, and

(c) has a limit of detection that does not exceed the percentage of the parametric concentration specified in the fourth column of the table.

(2) For the purpose of paragraph 53(a), until the end of 31st December 2019, a method of analysis for hydrogen ion concentration pH is a method of analysis that complies with minimum performance characteristics if it is a method of analysis that is capable of measuring hydrogen ion concentration pH with—

(a) a trueness not less than 0.2 of a pH unit, and

(b) a precision not less than 0.2 of a pH unit.

(3) “Precision” is the same for the purposes of this paragraph, and the table in Section 5, as it is in paragraph 20(2).

(4) “Limit of detection” is the same for the purposes of this paragraph, and the table in Section 5, as it is in paragraph 20(3).

SECTION4 — Minimum performance characteristics for a method of analysis

Parameters	Uncertainty of measurement - percentage of the parametric concentration	Other requirements relating to the uncertainty of measurement	Other requirements
Aluminium	25
Ammonium	40
Chloride	15
Conductivity	20
Iron	30
Manganese	30
Oxidisability	50
Sodium	15
Sulphate	15
Total organic carbon	30	The uncertainty of measurement must be estimated at the level of 3 mg/l of the total organic carbon.	BS EN 1484: 1997 entitled “Water analysis —Guidelines for the determination of total organic carbon (TOC) and dissolved organic carbon (DOC)” (ISBN 0 580 28372 0) published by the BSI on 15th October 1997 must be used.
Turbidity	30	The uncertainty of measurement must be estimated at the level of 1.0 nephelometric turbidity unit in accordance with BS EN ISO 7027-1:2016 entitled “Water quality — Determination of turbidity. Part 1: Quantitative methods (ISO 7027-1: 2016)” (ISBN 978 0 580 81961 2) published by the BSI on 31st July 2016.

SECTION5 — Alternative minimum performance characteristics for a method of analysis that may be used until the end of 31st December 2019

Parameters	Trueness - percentage of the parametric concentration	Precision -percentage of the parametric concentration	Limit of detection - percentage of the parametric concentration
Aluminium	10	10	10
Ammonium	10	10	10
Chloride	10	10	10
Conductivity	10	10	10
Iron	10	10	10
Manganese	10	10	10
Oxidisability	25	25	10
Sodium	10	10	10
Sulphate	10	10	10
Turbidity	25	25	25

PART10 — Delegation of tasks by a food authority

SECTION1 — Delegation of tasks

Delegation

56

(1) A food authority may delegate a task specified in the first column of the table in Section 2 (tasks that may be delegated) on an one-off or occasional basis or for such duration as may, from time to time, be agreed between the food authority and the person to whom the task is to be delegated.

(2) Any arrangement entered into under sub-paragraph (1) must provide that the delegate must comply with any provision in this Schedule relating to the exercise of that task, including any provision relating to—

(a) the taking of samples,

(b) the frequency (if relevant, taking into account the duration of the arrangement) at which the samples are to be taken,

(c) the method of analysis that must be used to analyse samples, including any minimum performance characteristics that apply to the selection of a method of analysis,

(d) the calculation of the limit of detection,

(e) the use of uncertainty of measurement percentages,

(f) the validation and documenting of the methods of analysis used, and

(g) the use of quality management practices.

(3) In relation to a task specified in the first column of the table in Section 2 for which there is an entry in the second column of the table, any arrangement entered into under sub-paragraph (1) must provide that—

(a) the food authority must, where specified in the second column of the table, provide the delegate with the instructions needed to carried out the task, and

(b) the delegate must carry out the delegated task on the basis specified in the second column of that table.

(4) A food authority must not enter into an arrangement under sub-paragraph (1) unless—

(a) it is satisfied that the task will be carried out promptly by a person competent to perform it, and

(b) it has made arrangements with the delegate to ensure that—

(i) where the result of an analysis indicates that the concentration or value of any parameter has been exceeded, the delegate will communicate the result of the analysis to the food authority immediately after determining the result, and

(ii) in every other case, the delegate will communicate the result of the analysis to the food authority within 28 days beginning with the day after the day on which it has determined the result.

SECTION2 — Tasks that may be delegated

Task that may be delegated	Basis of delegation (where relevant)
The task of taking samples under paragraph 4 of all waters in a food authority’s area to which this Schedule applies or of such of those waters as are specified in the arrangement
The task of taking samples under paragraph 5 of all waters in a food authority’s area to which this Schedule applies or of such of those waters as are specified in the arrangement
The task of analysing samples of water under paragraph 7(1) (microbiological parameters)
The task of analysing samples of water under paragraph 8(1) (chemical parameters)
The task of analysing samples of water under paragraph 13 (other parameters)	The food authority must provide the delegate with instructions relating to the identity of the property, element, substance or organism that is to be checked and the delegate must analyse the samples in accordance with those instructions.
The task of analysing samples of water under paragraph 25 (radon)
The task of taking an extra sample, or extra samples, of water under paragraph 26(3) (radon)	In a case where the food authority has provided general instructions to the delegate in relation to the application of paragraph 26(3) concerning the number of samples to be taken and, in a case where more than one extra sample may need to be taken, the period during which extra samples are to be taken (“the specified matters”), the delegate must take an extra sample, or extra samples, in accordance with those instructions.In a case where the food authority has not provided general instructions to the delegate in relation to the specified matters, the food authority must provide the delegate with specific instructions concerning those matters at the time an extra sample falls to be taken under paragraph 26(3) and the delegate must take the samples in accordance with those instructions.
The task of analysing an extra sample, or extra samples, of water under paragraph 26(3) (radon)
The task of analysing samples of water under paragraph 31 (tritium)
The task of taking an extra sample, or extra samples, of water under paragraph 32(2) (tritium)	In a case where the food authority has provided general instructions to the delegate in relation to the application of paragraph 32(2) concerning the number of samples to be taken and, in a case where more than one extra sample may need to be taken, the period during which extra samples are to be taken (“the specified matters”), the delegate must take an extra sample, or extra samples, in accordance with those instructions.In a case where the food authority has not provided general instructions to the delegate in relation to the specified matters, the food authority must provide the delegate with specific instructions concerning those matters at the time an extra sample falls to be taken under paragraph 32(2) and the delegate must take the samples in accordance with those instructions.
The task of analysing an extra sample, or extra samples, of water under paragraph 32(2)(a) and (b) (tritium)
The task of measuring gross alpha activity and gross beta activity in a sample under paragraph 32(2)(c)
The task of analysing samples of water under paragraph 32(2)(d) (relating to the determination of the presence of artificial radionuclides in the water), and the taking of such extra sample, or extra samples, of the water as may be needed for that purpose
The task of analysing samples of water under paragraph 38(2) (screening by determining gross alpha activity)
The task of analysing samples of water under paragraph 38(5) (relating to the determination of the presence and concentration of certain radionuclides in the water), and the taking of such extra sample, or extra samples, of the water as may be needed for that purpose	The food authority must provide the delegate with instructions specifying the radionuclides in the sample for which analysis must be carried out by the delegate and the delegate must analyse the samples in accordance with those instructions.
The task of analysing samples of water under paragraph 39(2) (screening by determining gross beta activity)
The task of analysing samples of water under paragraph 39(5) (relating to the determination of the presence and concentration of certain radionuclides in the water) and the taking of such extra sample, or extra samples, of the water as may be needed for that purpose	The food authority must provide the delegate with instructions specifying the radionuclides in the sample for which analysis must be carried out by the delegate and the delegate must analyse the samples in accordance with those instructions.
The task of analysing samples of water under paragraph 40(2) (screening based on analysis relating to one radionuclide)
The task of analysing samples of water under paragraph 40(5) (relating to the determination of the presence and concentration of certain radionuclides in the water) and taking such extra sample, or extra samples, of the water as may be needed for that purpose	The food authority must provide the delegate with instructions specifying the radionuclides in the sample for which analysis must be carried out by the delegate and the delegate must analyse the samples in accordance with those instructions.
The task of analysing samples of water under paragraph 41(2) (screening based on analyses relating to more than one radionuclide)
The task of analysing samples of water under paragraph 41(5) (relating to the determination of the presence and concentration of certain radionuclides in water) and taking such extra sample, or extra samples, of the water as may be needed for that purpose	The food authority must provide the delegate with instructions specifying the radionuclides in the sample for which analysis must be carried out by the delegate and the delegate must analyse the samples in accordance with those instructions.
The task of analysing samples of water under paragraph 43(1) (relating to the determination of the presence, and concentration of, certain radionuclides in water)	The food authority must provide the delegate with instructions specifying the radionuclides in the sample for which analysis must be carried out by the delegate and the delegate must analyse the samples in accordance with those instructions.
The task of carrying out a paragraph 45 determination (relating to indicative dose)
The task of taking an extra sample, or extra samples of water under paragraph 46(3) (further sampling required following an indicative dose determination)	In a case where the food authority has provided general instructions to the delegate in relation to the application of paragraph 46(3) concerning the number of samples to be taken and, in a case where more than one extra sample may need to be taken, the period during which extra samples are to be taken (“the specified matters”), the delegate must take an extra sample, or extra samples, in accordance with those instructions.In a case where the food authority has not provided general instructions to the delegate in relation to the specified matters, the food authority must provide the delegate with specific instructions concerning those matters at the time an extra sample falls to be taken under paragraph 46(3) and the delegate must take the samples in accordance with those instructions.
The task of analysing an extra sample, or extra samples, of water under paragraph 46(3)
The task of analysing samples of water under paragraph 50(1) (indicator parameters)

PART11 — Remedial action

Remedial action

57

(1) If, taking into account the provisions of this Schedule, a food authority determines that water in its area to which this Schedule applies contains a parameter specified in the first column of the table in Part 4 of Schedule 2 that exceeds (or is to be considered as exceeding) the activity concentration or value specified in the second column of the table (as measured by reference to the unit of measurement specified in the third column of the table), the food authority must—

(a) immediately investigate the non-compliance in order to identify the cause,

(b) assess whether the non-compliance poses a risk to human health that requires action,

(c) require the proprietor of the food business bottling the water to take remedial action as soon as possible to restore the quality of the water if the authority considers that it is necessary for such action to be taken to protect human health,

(d) notify the general public of the risks and remedial action taken, and

(e) advise the general public on any additional precautionary measures that may be needed for the protection of human health in respect of radioactive substances.

(2) Sub-paragraph (1)(a) and (b) do not apply where paragraph 26(2) applies.

SCHEDULE13 — Application and modification of provisions of the Act

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;

(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.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.