The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015
W.S.I. 2015/1867 · Made 4 November 2015 · Extends to England and Wales
Food, Wales
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)M1, 16(1)M2, 17(1)M3, 26(1) and (3)M4, 31M5 and 48(1)M6 of the Food Safety Act 1990M7 and paragraph 1A of Schedule 2 to the European Communities Act 1972M8.
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 1990M9.
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 safetyM10.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972M11 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.C1
Annotations to the whole text
Marginal citations
- M1
Section 6(4) was amended by section 31 of, and paragraph 6 of Schedule 9 to, the Deregulation and Contracting Out Act 1994 (c. 40), section 40(1) and (4) of, and paragraph 10(1) and (3) of Schedule 5 and Schedule 6 to, the Food Standards Act 1999 (c. 28) (“the 1999 Act”), and S.I. 2002/794.
- M2
Section 16(1) was amended by section 40(1) of, and paragraphs 7 and 8 of Schedule 5 to, the 1999 Act.
- M3
Section 17(1) was amended by section 40(1) of, and paragraphs 8 and 12(a) of Schedule 5 to, the 1999 Act, and S.I. 2011/1043.
- M4
Section 26(3) was partially repealed by section 40(4) of, and Schedule 6 to, the 1999 Act.
- M5
Section 31 was amended by section 40(1) of, and paragraph 8 of Schedule 5, to the 1999 Act.
- M6
Section 48(1) was amended by section 40(1) of, and paragraph 8 of Schedule 5 to, the 1999 Act.
- M7
1990 c. 16. Functions formerly exercisable by “the Ministers”, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 as read with section 40(3) of the 1999 Act, and subsequently transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).
- M8
1972 c. 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).
- M9
Section 48(4A) was inserted by section 40(1) of, and paragraph 21 of Schedule 5 to, the 1999 Act.
- M10
OJ No L 31, 1.2.2002, p 1, last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council (OJ No L 189, 27.6.2014, p 1).
- M11
Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).
Modifications
- C1
Regulations applied in part (with modifications) (N.I.) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 4(b), Sch. 2 (with regs. 7, 8)
Contents
- Part 1: Introductory
- 1Title, commencement and application
- 2Interpretation
- 3Exemptions
- Part 2: Natural mineral water
- 4Recognition as natural mineral water
- 4ATransitional provision: withdrawal from the EEA and the EU
- 5Declining to grant or withdrawing recognition
- 6Application to withdraw recognition
- 7Notification of changes
- 8Exploitation of natural mineral water springs
- 9Treatments and additions for natural mineral water
- 10Bottling of natural mineral water
- 11Labelling of natural mineral water
- 12Advertising of natural mineral water
- 13Sale of natural mineral water
- Part 3: Water intended to be sold as “spring water” or “dŵr ffynnon”
- 14Exploitation of springs and bottling of water intended to be labelled and sold as “spring water” or “dŵr ffynnon”
- 15Treatments and additions for water intended to be labelled and sold as “spring water” or “dŵr ffynnon”
- 16Labelling of water as “spring water” or “dŵr ffynnon”
- 17Advertising of water as “spring water” or “dŵr ffynnon”
- 18Sale of water as “spring water” or “dŵr ffynnon”
- Part 4: Bottled drinking water
- 19Bottling of drinking water
- 20Labelling of bottled drinking water
- 21Advertising of bottled drinking water
- 22Sale of bottled drinking water
- Part 5: Monitoring and sampling
- Chapter 1: Natural mineral water
- 23Monitoring of natural mineral water
- Chapter 2: Water bottled and labelled as “spring water” or “dŵr ffynnon” and bottled drinking water
- 24Monitoring of water bottled and labelled as “spring water” or “dŵr ffynnon” and bottled drinking water
- 25Samples and analysis
- 26Remedial action
- Chapter 3: Treatments
- 27Monitoring of certain treatments
- 27AFluoride removal treatment
- 27BOzone-enriched air treatment
- Chapter 4: Samples
- 28General
- 29Delivery
- 30Notification
- 31Analysis by the Government Chemist
- Part 6: Enforcement and miscellaneous provisions
- 32Enforcement
- 33Application of the Act: improvement notices
- 34Application of the Act: powers of entry
- 35Application of other provisions of the Act
- 36Savings and transitional provisions
- 37Revocations
- 38Amendments to other legislation
- Signature
- Schedule 1: Recognition of natural mineral water
- Part 1: Natural mineral water extracted from the ground in Wales
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Part 2: Natural mineral water extracted from the ground in a third country
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- Part 3: Requirements and criteria for recognition as a natural mineral water
- 10Paragraph 10
- 11Paragraph 11
- 4Particulars of anions, cations, non-ionised compounds and trace elements
- Schedule 2: Fluoride removal treatment
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 3: Ozone-enriched air treatment
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- Schedule 4: Exploitation and bottling requirements for natural mineral water and water intended to be labelled and sold as “spring water” or “dŵr ffynnon”
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 5: Constituents of natural mineral water
- 1Maximum limits for constituents of natural mineral water
- 2Performance characteristics for analysing the constituents in Part 1
- Schedule 6Labelling indications for natural mineral water
- Schedule 7: Requirements for water bottled and labelled as “spring water” or “dŵr ffynnon” and bottled drinking water including prescribed concentrations or values of parameters
- Part 1: Requirements for water bottled and labelled as “spring water” or “dŵr ffynnon” and bottled drinking water
- 1Paragraph 1
- 2Paragraph 2
- 2Parametric values for microbiological and chemical parameters
- 3Parametric values for indicator parameters
- 4Parametric values for radon, tritium and indicative dose (ID)
- Schedule 8: Monitoring for parameters other than radioactive substances in water bottled and labelled as “spring water” or “dŵr ffynnon” and bottled drinking water Repealed
- Part 1: Check monitoring Repealed
- 1Sampling Repealed
- 2Paragraph 2 Repealed
- 3Frequency of sampling Repealed
- Part 2: Audit monitoring Repealed
- 4Sampling Repealed
- 5Paragraph 5 Repealed
- 6Frequency of sampling Repealed
- Schedule 9: Monitoring for radioactive substances in water bottled and labelled as “spring water” or “dŵr ffynnon” and bottled drinking water
- Part 1: General
- 1Paragraph 1
- 2Radon
- 3Paragraph 3
- 4Paragraph 4
- 5Tritium
- 6Paragraph 6
- 7Paragraph 7
- 8Indicative dose
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Exemption from monitoring
- 14Treatment of bottled drinking water
- 15Averaging
- 2Minimum sampling and analysis frequencies
- Schedule 10: Sampling and analysis for parameters other than radioactive substances in water bottled and labelled as “spring water” or “dŵr ffynnon” and bottled drinking water
- Part 1: General
- 1Analysis of samples
- 2Authorisation of alternative methods of analysis
- 3Sampling and analysis by persons other than food authorities
- 2Methods of analysis and performance characteristics
- Schedule 11: Sampling and analysis for indicative dose in water bottled and labelled as “spring water” or “dŵr ffynnon” and bottled drinking water
- Part 1: General
- 1Analysis of samples
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 2Methods of analysis and performance characteristics
- Schedule 12Application and modification of provisions of the Act
- Schedule 13: Amendments to other legislation
- 1The Private Water Supplies (Wales) Regulations 2010
- 2Paragraph 2
- 3The Food Safety (Sampling and Qualifications) (Wales) Regulations 2013
- 4Paragraph 4
- 5The Food Information (Wales) Regulations 2014
- 6Paragraph 6
- Explanatory note