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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

Up to date with all changes known to legislation.gov.uk, revised to 1 October 2023.

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Section 26(3) was partially repealed by section 40(4) of, and Schedule 6 to, the 1999 Act.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

  1. Part 1: Introductory
  2. 1Title, commencement and application
  3. 2Interpretation
  4. 3Exemptions
  5. Part 2: Natural mineral water
  6. 4Recognition as natural mineral water
  7. 4ATransitional provision: withdrawal from the EEA and the EU
  8. 5Declining to grant or withdrawing recognition
  9. 6Application to withdraw recognition
  10. 7Notification of changes
  11. 8Exploitation of natural mineral water springs
  12. 9Treatments and additions for natural mineral water
  13. 10Bottling of natural mineral water
  14. 11Labelling of natural mineral water
  15. 12Advertising of natural mineral water
  16. 13Sale of natural mineral water
  17. Part 3: Water intended to be sold as “spring water” or “dŵr ffynnon”
  18. 14Exploitation of springs and bottling of water intended to be labelled and sold as “spring water” or “dŵr ffynnon”
  19. 15Treatments and additions for water intended to be labelled and sold as “spring water” or “dŵr ffynnon”
  20. 16Labelling of water as “spring water” or “dŵr ffynnon”
  21. 17Advertising of water as “spring water” or “dŵr ffynnon”
  22. 18Sale of water as “spring water” or “dŵr ffynnon”
  23. Part 4: Bottled drinking water
  24. 19Bottling of drinking water
  25. 20Labelling of bottled drinking water
  26. 21Advertising of bottled drinking water
  27. 22Sale of bottled drinking water
  28. Part 5: Monitoring and sampling
  29. Chapter 1: Natural mineral water
  30. 23Monitoring of natural mineral water
  31. Chapter 2: Water bottled and labelled as “spring water” or “dŵr ffynnon” and bottled drinking water
  32. 24Monitoring of water bottled and labelled as “spring water” or “dŵr ffynnon” and bottled drinking water
  33. 25Samples and analysis
  34. 26Remedial action
  35. Chapter 3: Treatments
  36. 27Monitoring of certain treatments
  37. 27AFluoride removal treatment
  38. 27BOzone-enriched air treatment
  39. Chapter 4: Samples
  40. 28General
  41. 29Delivery
  42. 30Notification
  43. 31Analysis by the Government Chemist
  44. Part 6: Enforcement and miscellaneous provisions
  45. 32Enforcement
  46. 33Application of the Act: improvement notices
  47. 34Application of the Act: powers of entry
  48. 35Application of other provisions of the Act
  49. 36Savings and transitional provisions
  50. 37Revocations
  51. 38Amendments to other legislation
  52. Signature
  53. Schedule 1: Recognition of natural mineral water
  54. Part 1: Natural mineral water extracted from the ground in Wales
  55. 1Paragraph 1
  56. 2Paragraph 2
  57. 3Paragraph 3
  58. 4Paragraph 4
  59. Part 2: Natural mineral water extracted from the ground in a third country
  60. 5Paragraph 5
  61. 6Paragraph 6
  62. 7Paragraph 7
  63. 8Paragraph 8
  64. 9Paragraph 9
  65. Part 3: Requirements and criteria for recognition as a natural mineral water
  66. 10Paragraph 10
  67. 11Paragraph 11
  68. 4Particulars of anions, cations, non-ionised compounds and trace elements
  69. Schedule 2: Fluoride removal treatment
  70. 1Paragraph 1
  71. 2Paragraph 2
  72. 3Paragraph 3
  73. 4Paragraph 4
  74. 5Paragraph 5
  75. 6Paragraph 6
  76. 7Paragraph 7
  77. 8Paragraph 8
  78. 9Paragraph 9
  79. 10Paragraph 10
  80. Schedule 3: Ozone-enriched air treatment
  81. 1Paragraph 1
  82. 2Paragraph 2
  83. 3Paragraph 3
  84. 4Paragraph 4
  85. 5Paragraph 5
  86. 6Paragraph 6
  87. 7Paragraph 7
  88. 8Paragraph 8
  89. 9Paragraph 9
  90. 10Paragraph 10
  91. 11Paragraph 11
  92. Schedule 4: Exploitation and bottling requirements for natural mineral water and water intended to be labelled and sold as “spring water” or “dŵr ffynnon”
  93. 1Paragraph 1
  94. 2Paragraph 2
  95. 3Paragraph 3
  96. 4Paragraph 4
  97. 5Paragraph 5
  98. 6Paragraph 6
  99. 7Paragraph 7
  100. 8Paragraph 8
  101. Schedule 5: Constituents of natural mineral water
  102. 1Maximum limits for constituents of natural mineral water
  103. 2Performance characteristics for analysing the constituents in Part 1
  104. Schedule 6Labelling indications for natural mineral water
  105. 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
  106. Part 1: Requirements for water bottled and labelled as “spring water” or “dŵr ffynnon” and bottled drinking water
  107. 1Paragraph 1
  108. 2Paragraph 2
  109. 2Parametric values for microbiological and chemical parameters
  110. 3Parametric values for indicator parameters
  111. 4Parametric values for radon, tritium and indicative dose (ID)
  112. 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
  113. Part 1: Check monitoring Repealed
  114. 1Sampling Repealed
  115. 2Paragraph 2 Repealed
  116. 3Frequency of sampling Repealed
  117. Part 2: Audit monitoring Repealed
  118. 4Sampling Repealed
  119. 5Paragraph 5 Repealed
  120. 6Frequency of sampling Repealed
  121. Schedule 9: Monitoring for radioactive substances in water bottled and labelled as “spring water” or “dŵr ffynnon” and bottled drinking water
  122. Part 1: General
  123. 1Paragraph 1
  124. 2Radon
  125. 3Paragraph 3
  126. 4Paragraph 4
  127. 5Tritium
  128. 6Paragraph 6
  129. 7Paragraph 7
  130. 8Indicative dose
  131. 9Paragraph 9
  132. 10Paragraph 10
  133. 11Paragraph 11
  134. 12Paragraph 12
  135. 13Exemption from monitoring
  136. 14Treatment of bottled drinking water
  137. 15Averaging
  138. 2Minimum sampling and analysis frequencies
  139. 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
  140. Part 1: General
  141. 1Analysis of samples
  142. 2Authorisation of alternative methods of analysis
  143. 3Sampling and analysis by persons other than food authorities
  144. 2Methods of analysis and performance characteristics
  145. Schedule 11: Sampling and analysis for indicative dose in water bottled and labelled as “spring water” or “dŵr ffynnon” and bottled drinking water
  146. Part 1: General
  147. 1Analysis of samples
  148. 2Paragraph 2
  149. 3Paragraph 3
  150. 4Paragraph 4
  151. 2Methods of analysis and performance characteristics
  152. Schedule 12Application and modification of provisions of the Act
  153. Schedule 13: Amendments to other legislation
  154. 1The Private Water Supplies (Wales) Regulations 2010
  155. 2Paragraph 2
  156. 3The Food Safety (Sampling and Qualifications) (Wales) Regulations 2013
  157. 4Paragraph 4
  158. 5The Food Information (Wales) Regulations 2014
  159. 6Paragraph 6
  160. Explanatory note