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Schedule 12 Application and modification of provisions of the Act

Table 1

Improvement notices

Provision of the ActModifications
Section 10(1) and (2) (improvement notices)
(1)

For subsection (1) substitute—

“(2)

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”)—

(a)

state the authorised officer's grounds for believing that the person is failing to comply with the relevant provision;

(b)

specify the matters which constitute the person's failure so to comply;

(c)

specify the measures which, in the officer's opinion, the person must take in order to secure compliance; and

(d)

require the person to take those measures or measures that are at least equivalent to them, within such period as may be specified in the notice.

(1A)

The provisions referred to in subsection (1) are—

(a)

any of regulations 8 to 22 of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015; and

(a)

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 M1—

(i)

Article 1.2 (requirement that any fluoride removal treatment be performed in accordance with the technical requirements set out in the Annex);

(ii)

the first sentence of Article 2 (requirement that the release of residues into natural mineral water or spring water as a result of any fluoride removal treatment be as low as technically feasible according to the best practices and not pose a risk to public health);

(iii)

the second sentence of Article 2 (requirement to ensure compliance with the first sentence of Article 2, operators implement and monitor the critical processing steps set out in the Annex);

(iv)

Article 3.1 (requirement that the application of any fluoride removal treatment be notified to the competent authorities at least three months prior to use); and

(v)

Article 4 (requirement that the label on natural mineral water or spring water subjected to any fluoride removal treatment include specified information in proximity to the statement of the analytical composition).”

Table 2

Powers of entry

Provision of the ActModifications
Section 32(1) to (7) (powers of entry)

In subsection (1), for paragraphs (a) to (c) substitute—

“(a)

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—

(i)

Article 1.2 (requirement that any fluoride removal treatment be performed in accordance with the technical requirements set out in the Annex);

(ii)

the first sentence of Article 2 (requirement that the release of residues into natural mineral water or spring water as a result of any fluoride removal treatment be as low as technically feasible according to the best practices and not pose a risk to public health);

(iii)

the second sentence of Article 2 (requirement to ensure compliance with the first sentence of Article 2, operators implement and monitor the critical processing steps set out in the Annex);

(iv)

Article 3.1 (requirement that the application of any fluoride removal treatment be notified to the competent authorities at least three months prior to use); and

(v)

Article 4 (requirement that the label on natural mineral water or spring water subjected to any fluoride removal treatment include specified information in proximity to the statement of the analytical composition); and

(b)

to 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 the provisions set out in paragraph (a);”.

Table 3

Other provisions of the Act

Provision of the ActModifications
Section 2 M2 (extended meaning of “sale” etc.)

In subsection (1), for “this Act” substitute “ the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015 ”. In subsection (2), for “This Act” substitute “ The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015 ”.

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 (Wales) Regulations 2015 ”.

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 33 of, and Schedule 12 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015, ”.

Section 21(1) and (5) M3 (defence of due diligence)

In subsection (1), for “any of the preceding provisions of this Part” substitute “ section 10(2) as applied by regulation 33 of, and Schedule 12 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015, ”.

Section 22 (defence of publication in the course of business)

For “any of the preceding provisions of this Part” substitute “ section 10(2) as applied by regulation 33 of, and Schedule 12 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015 ”.

Section 29 (procurement of samples)

In paragraph (b)(ii), after “under section 32 below”, insert “ as applied by regulation 34 of, and Schedule 12 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015 ”.

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 (Wales) Regulations 2015 ”.

Section 33 (obstruction etc. of officers)

In subsection (1), for “this Act” (in each place where it occurs) substitute “ the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015 ”.

Section 35(1) M4 and (2) (punishment of offences)

In subsection (1), after “section 33(1) above” insert “ , as applied and modified by regulation 35 of, and Schedule 12 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015, ”.

After subsection (1), insert—

“(1A)

A person guilty of an offence under section 10(2), as applied by regulation 33 of, and Schedule 12 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015 shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.”

In subsection (2), in the opening words, for “any other offence under this Act” substitute “ an offence under section 33(2), as applied by regulation 35 of, and Schedule 12 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015, ”.

Section 36 (offences by bodies corporate)

In subsection (1), for “this Act” substitute “ section 10(2) as applied by regulation 33 of, and Schedule 12 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015 ”.

Section 36A M5 (offences by Scottish partnerships)

For “this Act” substitute “ section 10(2) as applied by regulation 33 of, and Schedule 12 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015 ”.

Section 37(1) and (6) (appeals)

For subsection (1) substitute—

“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 33 of, and Schedule 12 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015, may appeal to a magistrates' court.”

In subsection (6)—

for “(3) and (4)” substitute “ (1) ”; and

in paragraph (a), omit “or to the sheriff”.

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 33 of, and Schedule 12 to the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015, the magistrates' court 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 magistrates' court 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 where it occurs) substitute “ the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015 ”.

Annotations

Marginal citations

M1

OJ No L 37, 10.2.2010, p 13.

M2

Section 2(1) was amended by the section 40(1) of, and paragraph 8 of Schedule 5 to, the Food Standards Act 1999 (c. 28).

M3

Section 21(2) was amended by S.I. 2004/3279.

M4

Section 35(1) is to be amended by section 280(2) of, and paragraph 42 of Schedule 26 to, the Criminal Justice Act 2003 (c. 44) from a date to be appointed.

M5

Section 36A was inserted by section 40(1) of, and paragraph 16 of Schedule 5 to, the Food Standards Act 1999.