LegalizeThe Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) (Amendment) Regulations 2010
Made: 11 March 2010
Laid before the National Assembly for Wales: 12 March 2010
Coming into force: 9 April 2010
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Title and commencement
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Amendment of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2007
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SCHEDULE 1 — SCHEDULE INSERTED IMMEDIATELY AFTER SCHEDULE 1 TO THE NATURAL MINERAL WATER, SPRING WATER AND BOTTLED DRINKING WATER (WALES) REGULATIONS 2007
SCHEDULE 1A (1) A person seeking to have authorised a treatment of natural mineral water and spring water with activated alumina in order to remove fluoride must— (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 must assess the application and any information in its possession and must 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 must 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 must 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 Agency for a review of that decision. (8) Upon receiving the application for review, the Agency must — (a) make such enquiry into the matter as may seem to the Agency 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 must comply with the direction.
SCHEDULE 2 — SCHEDULES ADDED IMMEDIATELY AFTER SCHEDULE 8 TO THE NATURAL MINERAL WATER, SPRING WATER AND BOTTLED DRINKING WATER (WALES) REGULATIONS 2007
SCHEDULE 9
| Property, element, substance or organism | Concentration or value | Unit | Notes |
|---|---|---|---|
| Ammonium | 0.50 | mg/l | |
| Chloride | 250 | mg/l | Note 1 |
| Clostridium perfringens (including spores) | 0 | number/ 100 ml | Note 2 |
| Conductivity | 2500 | μS cm-1 at 20oC | Note 1 |
| Iron | 200 | μg/l | |
| Oxidisability | 5.0 | mg/ l O2 | Note 3 |
| Coliform bacteria | 0 | number/ 250 ml | |
| Total organic carbon (TOC) | No abnormal change | Note 4 | |
| Note 1: | The water should not be aggressive. | ||
| --- | --- | ||
| Note 2: | This parameter need not be measured unless the water originates from or is influenced by surface water. | ||
| Note 3: | This parameter need not be measured if the parameter TOC is analysed. | ||
| Note 4: | This parameter need not be applied for supplies less than 10000 m3 per day. |
SCHEDULE 10 - Aluminium (Note 1) - Ammonium - Colour - Conductivity - Clostridium perfringens (including spores) (Note 2) - Escherichia coli (E. Coli) - Hydrogen ion concentration - Iron (Note 1) - Nitrite (Note 3) - Odour - Pseudomonas aeruginosa - Taste - Colony count 22°C and 37°C - Coliform bacteria - 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
| Volume of water produced for offering for sale in bottles or containers each day[^f01000]m³ | Check monitoring number of samples per year | Audit monitoring number of samples per year |
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| (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. |
| ≤ 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 |
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Signed
Gwenda Thomas — Deputy Minister for Social Services under the authority of the Minister for Health and Social Services, one of the Welsh Ministers — 11 March 2010
Explanatory note
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Footnotes
[^f00001]: 1990 c. 16; section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Sections 17 and 48 were amended by paragraphs 12 and 21 respectively of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), “the 1999 Act”. Section 48 was also amended by S.I. 2004/2990. Section 26(3) was amended by Schedule 6 to the 1999 Act. Section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting out Act 1994 (1994 c. 40), Schedule 6 to the 1999 Act and S.I. 2004/2990.
[^f00002]: Functions of the Secretary of State so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the 1999 Act, and thereafter transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c. 32).
[^f00003]: OJ No. L31, 1.2.2002, p.1, as last amended by Commission Regulation (EC) No. 202/2008 amending Regulation (EC) No. 178/2002 of the European Parliament and of the Council as regards the number and names of the permanent Scientific Panels of the European Food Safety Authority (OJ No. L60, 5.3.2008, p.17).
[^f00004]: S.I. 2007/3165 (W.276) amended by S.I. 2009/1897 (W.170).
[^f00005]: OJ No. L 37, 10.2.2010 p.13.
SCHEDULE 1A (1) A person seeking to have authorised a treatment of natural mineral water and spring water with activated alumina in order to remove fluoride must— (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 must assess the application and any information in its possession and must 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 must 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 must 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 Agency for a review of that decision. (8) Upon receiving the application for review, the Agency must — (a) make such enquiry into the matter as may seem to the Agency 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 must comply with the direction.
SCHEDULE 9
| Property, element, substance or organism | Concentration or value | Unit | Notes |
|---|---|---|---|
| Ammonium | 0.50 | mg/l | |
| Chloride | 250 | mg/l | Note 1 |
| Clostridium perfringens (including spores) | 0 | number/ 100 ml | Note 2 |
| Conductivity | 2500 | μS cm-1 at 20oC | Note 1 |
| Iron | 200 | μg/l | |
| Oxidisability | 5.0 | mg/ l O2 | Note 3 |
| Coliform bacteria | 0 | number/ 250 ml | |
| Total organic carbon (TOC) | No abnormal change | Note 4 | |
| Note 1: | The water should not be aggressive. | ||
| --- | --- | ||
| Note 2: | This parameter need not be measured unless the water originates from or is influenced by surface water. | ||
| Note 3: | This parameter need not be measured if the parameter TOC is analysed. | ||
| Note 4: | This parameter need not be applied for supplies less than 10000 m3 per day. |
SCHEDULE 10 Aluminium (Note 1) Ammonium Colour Conductivity Clostridium perfringens (including spores) (Note 2) Escherichia coli (E. Coli) Hydrogen ion concentration Iron (Note 1) Nitrite (Note 3) Odour Pseudomonas aeruginosa Taste Colony count 22°C and 37°C Coliform bacteria 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
| 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. |
|---|---|---|
| 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 |
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Editorial notes
[^key-0783838cf51766a644a4861a7f7c35b1]: Regulations revoked (28.11.2015) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015 (S.I. 2015/1867), reg. 37(c) (with regs. 3, 36)
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