The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015

Made: 4 November 2015

Laid before the National Assembly for Wales: 6 November 2015

Coming into force: 28 November 2015

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 6(4), 16(1), 17(1), 26(1) and (3), 31 and 48(1) of the Food Safety Act 1990 and paragraph 1A of Schedule 2 to the European Communities Act 1972.

The Welsh Ministers have had regard to the relevant advice given by the Food Standards Agency in accordance with section 48(4A) of the Food Safety Act 1990.

There has been consultation during the preparation and evaluation of the following Regulations, as required by Article 9 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.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for the references in these Regulations to the Annexes to the EU Instruments listed in regulation 2(3) to be construed as references to those Annexes as amended from time to time.

PART 1 — Introductory

Title, commencement and application

1

• (1) The title of these Regulations is the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015.

• (2) These Regulations come into force on 28 November 2015 and apply in relation to Wales.

Interpretation

2

• (1) In these Regulations—

• “the Act” (“y Ddeddf”) means the Food Safety Act 1990;

• “advertisement” (“hysbyseb”) means a representation in any form in connection with a trade or business in order to promote the supply of goods, and “advertise” (“hysbysebu”) is to be construed accordingly;

• “the Agency” (“yr Asiantaeth”) means the Food Standards Agency;

• “bottle” (“potel”) where used as a noun, means a closed container of any kind in which water is sold for drinking by humans or from which water sold for drinking by humans is derived, and “bottle” (“potelu”), where used as a verb, and cognate expressions, are to be construed accordingly;

• “Directive 98/83” (“Cyfarwyddeb 98/83”) means Council Directive 98/83/EC on the quality of water intended for human consumption ;

• ...

• “Directive 2009/54” (“Cyfarwyddeb 2009/54”) means Directive 2009/54/EC of the European Parliament and of the Council on the exploitation and marketing of natural mineral waters ;

• “Directive 2013/51” (“Cyfarwyddeb 2013/51”) means 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 ;

• “drinking water” (“dŵr yfed”) means water which is intended for sale for drinking by humans other than—natural mineral water, orwater intended to be labelled and sold as “spring water”, “dŵr ffynnon”, or its equivalent in any other language;

• “effervescent natural mineral water” (“dŵr mwynol naturiol eferw”) means natural mineral water which, at source or after bottling, gives off carbon dioxide spontaneously and in a clearly visible manner under normal conditions of temperature and pressure;

• “fluoride removal treatment” (“triniaeth tynnu fflworid”) has the meaning given in regulation 27A;

• “label” (“label”) means any tag, brand, mark, pictorial or other descriptive matter, which is written, printed, stencilled, marked, embossed or impressed on, or attached to the bottle of water, and “labelled” (“wedi'i labelu”) and “labelling” (“labelu”) are to be construed accordingly;

• “natural mineral water” (“dŵr mwynol naturiol”) means water which—is microbiologically wholesome within the meaning of Article 5 of Directive 2009/54,originates in an underground water table or deposit and emerges from a spring tapped at one or more natural or bore exits,can be clearly distinguished from drinking water on account of the following characteristics having been preserved intact because of the underground origin of the water, which has been protected from all risk of pollution—its nature, which is characterised by its mineral content, trace elements or other constituents and, where appropriate, by certain effects, andits original purity, andis for the time being recognised pursuant to and in accordance with regulation 4;

• “ozone-enriched air treatment” (“triniaeth aer a gyfoethogir ag osôn”) has the meaning given in regulation 27B;

• “parameter” (“paramedr”) means a property, element, organism or substance listed in the second column of any table in Part 2, Part 3 or Part 4 of Schedule 7;

• “Regulation 115/2010” (“Rheoliad 115/2010”) means 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; and

• “relevant bottled water legislation” (“deddfwriaeth berthnasol ynghylch dŵr wedi'i botelu”) means— in relation to England, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007;in relation to Northern Ireland, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Northern Ireland) Regulations 2015;in relation to Scotland, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007;

• “sell” (“gwerthu”) includes possess for sale and offer, expose or advertise for sale, and “sale” (“gwerthiant”) is to be construed accordingly.

• “third country” (“trydedd wlad”) means any country other than the United Kingdom, and includes— the Bailiwick of Guernsey;the Bailiwick of Jersey;the Isle of Man.

• (2) Expressions used in these Regulations that are also used in Directive 98/83, Directive 2009/54, Regulation 115/2010 or Directive 2013/51 have the same meaning in these Regulations as they have in those Directives or that Regulation.

• (3) References to the Annexes to Directive 98/83, ... Directive 2009/54, Regulation 115/2010 and Directive 2013/51 are references to those Annexes as amended from time to time.

• (4) Any reference in these Regulations to the labelling of a bottle includes labelling done before any water is bottled and labelling after bottling.

Exemptions

3

• (1) These Regulations do not apply to any water which—

• (a) is a medicinal product within the meaning of regulation 2(1) of the Human Medicines Regulations 2012;

• (b) is a natural mineral water which is used at source for curative purposes in thermal or hydromineral establishments;

• (c) is not intended for sale for drinking by humans; or

• (d) is a natural mineral water intended for—

• (i) movement into Northern Ireland; or

• (ii) export to a third country.

• (2) These Regulations do not apply to packaged ice portions intended for use in cooling food.

PART 2 — Natural mineral water

Recognition as natural mineral water

4

• (1) Natural mineral water may only be sold as natural mineral water if it is recognised in accordance with paragraph (2).

• (2) Water is recognised as natural mineral water where—

• (a) in the case of water extracted from the ground in Wales, a food authority grants recognition in accordance with Part 1 of Schedule 1;

• (b) in the case of water extracted from the ground in another part of the United Kingdom, the responsible authority of that part of the United Kingdom recognises it under the relevant bottled water legislation;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) in the case of water extracted from the ground in a third country—

• (i) the Agency grants recognition in accordance with Part 2 of Schedule 1;

• (ii) it has equivalent recognition in England granted by the Secretary of State in accordance with regulation 4(1)(d)(i) of, and Part 2 of Schedule 3 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007;

• (iii) it has equivalent recognition in Scotland granted by Food Standards Scotland in accordance with regulation 4(1)(d)(i) of, and Part 2 of Schedule 3 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007;

• (iv) it has equivalent recognition in Northern Ireland granted by the Agency in accordance with regulation 4(2)(d)(i) of, and Part 2 of Schedule 1 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Declining to grant or withdrawing recognition

5

• (1) Where, in relation to any water that has been recognised under regulation 4(2)(a) or 4(2)(d)(i), it is found that—

• (a) by analysis in accordance with Part 3 of Schedule 1, the requirements of paragraph 10(c) of that Part are not met;

• (b) the requirements of Schedule 4 are not met; or

• (c) the content of the water is not in accordance with paragraph 1(c) of Part 1 or, as the case may be, paragraph 5(c) of Part 2 of Schedule 1,

the food authority or, as the case may be, the Agency may withdraw that recognition until such time as the requirements concerned are met.

• (2) Where the food authority or, as the case may be, the Agency declines to grant or withdraws recognition of a water, the person who exploits or wishes to exploit the spring from which that water emerges or, if different, the person who owns the land on which that spring is situated, may within 6 months of being notified of the decision, appeal against it to a person appointed for the purpose by the Agency.

• (3) The appointed person must consider the appeal and any representations made by the food authority or the Agency, as appropriate, and within 3 months report in writing with a recommended course of action to the Agency.

• (4) The Agency must either—

• (a) confirm the decision together with the reasons; or

• (b) direct the food authority to grant or restore, or itself restore, as appropriate, recognition of the water in question.

• (5) Where a food authority is directed by the Agency under paragraph (4)(b) to grant or restore recognition, it must immediately comply with that direction.

Application to withdraw recognition

6

A person who exploits a spring from which water is extracted which is recognised as natural mineral water in accordance with regulation 4(2)(a) or 4(2)(d)(i), may apply to the food authority or the Agency, as appropriate, to have that recognition withdrawn.

Notification of changes

7

A food authority must immediately notify the Agency if—

• (a) it grants, restores or withdraws recognition of a natural mineral water; or

• (b) it is notified of any change to the trade description of a natural mineral water or to the name of a spring from which natural mineral water has been extracted.

Exploitation of natural mineral water springs

8

• (1) No person may exploit a spring for the purpose of marketing the water from it as natural mineral water unless—

• (a) the water extracted from that spring is natural mineral water;

• (b) the food authority of the area in which the spring is located has given permission for that spring to be exploited; and

• (c) the requirements of Schedule 4 are met.

• (2) Where it is found during exploitation that natural mineral water is polluted and that bottling of the water would contravene paragraphs 6, 7 or 8 of Schedule 4, no person may exploit the spring from which the water is extracted until the cause of the pollution is eradicated and the bottling of the water would comply with those paragraphs.

Treatments and additions for natural mineral water

9

• (1) No person may subject natural mineral water in its state at source to—

• (a) any treatment other than—

• (i) the separation of its unstable elements, such as iron and sulphur compounds, by filtration or decanting, whether or not preceded by oxygenation, in so far as the treatment does not alter the composition of the water as regards the essential constituents which give it its properties;

• (ii) the total or partial elimination of free carbon dioxide by exclusively physical methods;

• (iii) a fluoride removal treatment which is authorised in accordance with Schedule 2; or

• (iv) an ozone-enriched air oxidation treatment which is authorised in accordance with Schedule 3;

• (b) any addition other than the introduction or the re-introduction of carbon dioxide to produce effervescent natural mineral water; or

• (c) any disinfection treatment by whatever means, or, subject to paragraph (1)(b), the addition of bacteriostatic elements or any other treatment likely to change the viable colony count of the natural mineral water.

• (2) Paragraph (1) does not prevent the use of natural mineral water in the manufacture of soft drinks.

Bottling of natural mineral water

10

• (1) No person may bottle natural mineral water—

• (a) unless the requirements of Schedule 4 are met;

• (b) in a container other than a container which is fitted with closures designed to avoid any possibility of adulteration or contamination; and

• (c) which, at the time of bottling, contains any substance listed in Part 1 of Schedule 5 at a level which exceeds the maximum limit specified in relation to that substance in that Schedule.

• (2) The methods used for detection of the substances listed in Part 1 of Schedule 5 must conform to the performance characteristics for analysis specified in Part 2 of Schedule 5.

Labelling of natural mineral water

11

• (1) No person may bottle natural mineral water and label it with—

• (a) a trade description which includes the name of a locality, hamlet or other place, unless that trade description refers to a natural mineral water, the spring of which is exploited at the place indicated by that name, and is not misleading as regards the place of exploitation of the spring;

• (b) a trade description which is different from the name of the spring or the place of its exploitation, unless the name of the spring or the place of exploitation is also labelled on the bottle, using letters at least one and a half times the height and width of the largest of the letters used for that trade description;

• (c) any indication, designation, trade mark, brand name, picture or other sign, whether figurative or not, the use of which suggests a characteristic which the water does not possess, in particular as regards its origin, the date of authorisation to exploit the spring, the results of analyses or any similar references to guarantees of authenticity;

• (d) any indication other than those specified in sub-paragraphs (f) and (g), attributing to the natural mineral water properties relating to the prevention, treatment or cure of a human illness;

• (e) any indication listed in the first column of the Table in Schedule 6, except where the natural mineral water meets the criterion so listed and corresponds to the indication;

• (f) the indication “may be diuretic”, “gall fod yn ddiwretig”, or “may be laxative”, “gall fod yn garthydd”, or the equivalent in any other language, unless the natural mineral water has been assessed as possessing the property attributed by the indication in accordance with physico-chemical analysis and pharmacological, physiological or clinical examination as appropriate; or

• (g) the indication “stimulates digestion”, “mae'n ysgogi treuliad”, or “may facilitate the hepato-biliary functions”, “gall hyrwyddo'r swyddogaethau hepato-bustlog”, or the equivalent in any other language, unless the natural mineral water has been assessed as possessing the property attributed by the indication in accordance with the physico-chemical analysis and pharmacological, physiological and clinical examination.

• (2) No person may bottle natural mineral water and label it with a sales description other than—

• (a) “natural mineral water”; or

• (b) in the case of an effervescent natural mineral water, one of the following, as appropriate—

• (i) “naturally carbonated natural mineral water” to describe water whose content of carbon dioxide from the spring after decanting, if any, and bottling is the same as at source, taking into account where appropriate, the reintroduction of a quantity of carbon dioxide from the same water table or deposit equivalent to that released in the course of those operations and subject to the usual technical tolerances;

• (ii) “natural mineral water fortified with gas from the spring” to describe water whose content of carbon dioxide from the same water table or the same deposit after decanting, if any, and bottling is greater than that established at source; or

• (iii) “carbonated natural mineral water” to describe water to which has been added carbon dioxide of an origin other than the water table or deposit from which the water comes;

• (c) nothing in sub-paragraph (a) prevents a person from using the words “dŵr mwynol naturiol” in addition to the words “natural mineral water”;

• (d) nothing in sub-paragraph (b) prevents the use of the words “dŵr mwynol naturiol wedi'i garboneiddio'n naturiol” in addition to “naturally carbonated natural mineral water”, “dŵr mwynol naturiol wedi'i gryfhau â nwy o'r ffynnon” in addition to “natural mineral water fortified with gas from the spring”, “dŵr mwynol naturiol wedi'i garboneiddio” in addition to “carbonated natural mineral water”; and