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The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007

S.S.I. 2007/483 · Made 29 October 2007 · Extends to Scotland

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

This Scottish Statutory Instrument has been made in consequence of a defect in S.S.I. 2007/435 and is being issued free of charge to all known recipients of that instrument.

FOOD

Made 29th October 2007

Laid before the Scottish Parliament 29th October 2007

Coming into force 30th October 2007

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 6(4), 16(1), 17(1), 26(1)(a) and (3), 31 and 48(1) of the Food Safety Act 1990f1 and all other powers enabling them to do so.

In accordance with section 48(4A) of the Food Safety Act 1990, the Scottish Ministers have had regard to relevant advice given by the Food Standards Agencyf2.C1

There has been a consultation 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 safetyf3.

Annotations to the whole text

Modifications

C1

Regulations applied in part (N.I.) (with modifications) (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)

Footnotes

f1

1990 c. 16; section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990; section 6(4) was amended by the Deregulation and Contracting Out Act 1994 (c. 40), Schedule 9, paragraph 6 and by the Food Standards Act 1999 (c. 28) (“the 1999 Act”), Schedule 5, paragraph 10(3); section 17(1) and (2) was amended by the 1999 Act, Schedule 5, paragraphs 8 and 12; section 26(3) was amended by the 1999 Act, Schedule 6; section 48(1) was amended by the 1999 Act, Schedule 5, paragraph 8; section 48(4) is disapplied in respect of these Regulations by virtue of section 48(4C) which was inserted by S.I. 2004/2990; amendments made by Schedule 5 to the 1999 Act shall be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c. 46) (“the 1998 Act”) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. In so far as not so transferred, those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).

f2

Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.

f3

O.J. No. L 31, 1.2.02, p.1 as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L 245, 29.9.03, p.4).

Contents

  1. Part 1: Introductory
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Exemptions
  5. 3AAdditional language
  6. Part 2: Natural mineral water
  7. 4Recognition as natural mineral water
  8. 5Exploitation of natural mineral water springs
  9. 6Treatments and additions for natural mineral water
  10. 7Bottling of natural mineral water
  11. 8Marking, labelling and advertisement of natural mineral waters
  12. 9Sale of natural mineral water
  13. Part 3: Spring water
  14. 10Bottling of spring water and exploitation of spring water springs
  15. 11Marking, labelling and advertisement of spring water
  16. 12Sale of spring water
  17. Part 4: Bottled drinking water
  18. 13Bottling of drinking water
  19. 14Marking, labelling and advertising of bottled drinking water
  20. 15Sale of bottled drinking water
  21. Part 5: Miscellaneous and supplemental
  22. 16Enforcement
  23. 17Arrangements for samples taken for analysis
  24. 18Submission of samples to the Government Chemist
  25. 19Methods of analysis
  26. 20Offences and penalties
  27. 21Defences
  28. 22Application of other provisions
  29. 23Revocations
  30. Signature
  31. Schedule 1: Conditions for treatment of natural mineral waters and spring waters with ozone-enriched air
  32. 1Paragraph 1
  33. 2Paragraph 2
  34. 3Paragraph 3
  35. 4Paragraph 4
  36. 5Paragraph 5
  37. 6Paragraph 6
  38. 7Paragraph 7
  39. 8Paragraph 8
  40. 9Paragraph 9
  41. 10Paragraph 10
  42. Schedule 1A: CONDITIONS FOR TREATMENT OF NATURAL MINERAL WATER AND SPRING WATER WITH ACTIVATED ALUMINA TO REMOVE FLUORIDE
  43. 1Paragraph 1
  44. 2Paragraph 2
  45. 3Paragraph 3
  46. 4Paragraph 4
  47. 5Paragraph 5
  48. 6Paragraph 6
  49. 7Paragraph 7
  50. 8Paragraph 8
  51. 9Paragraph 9
  52. Schedule 2: Requirements for spring water and drinking water including prescribed concentrations or values of parameters
  53. Part 1: Requirements for spring water and drinking water
  54. 1Paragraph 1
  55. 2Paragraph 2
  56. 2Prescribed concentrations or values
  57. Schedule 3: Recognition of natural mineral waters
  58. Part 1: Natural mineral waters extracted from the ground in Scotland
  59. 1Paragraph 1
  60. 2Paragraph 2
  61. 3Paragraph 3
  62. 4Paragraph 4
  63. 5Paragraph 5
  64. Part 2: Natural mineral waters extracted from the ground in a third country
  65. 1Paragraph 1
  66. 2Paragraph 2
  67. 3Paragraph 3
  68. 4Paragraph 4
  69. 5Paragraph 5
  70. 6Paragraph 6
  71. Part 3: Requirements and criteria for recognition as a natural mineral water
  72. 1Paragraph 1
  73. 2Paragraph 2
  74. 3Paragraph 3
  75. 4Paragraph 4
  76. Schedule 4: Exploitation and bottling requirements for natural mineral water and spring water
  77. 1Paragraph 1
  78. 2Paragraph 2
  79. 3Paragraph 3
  80. 4Paragraph 4
  81. 5Paragraph 5
  82. 6Paragraph 6
  83. 7Paragraph 7
  84. 8Paragraph 8
  85. Schedule 5Particulars of anions, cations, non-ionised compounds and trace elements
  86. Schedule 6Maximum limits for constituents of natural mineral waters
  87. Schedule 7Performance characteristics for analysing the constituents in Schedule 6
  88. Schedule 8Labelling indications for natural mineral water and criteria for use
  89. Schedule 9PROPERTIES, ELEMENTS, SUBSTANCES AND ORGANISMS, NOT BEING PARAMETERS, WHOSE CONCENTRATION OR VALUE IN BOTTLED DRINKING WATER AND SPRING WATER MUST BE DETERMINED BY AUDIT MONITORING Repealed
  90. Schedule 10PARAMETERS , PROPERTIES, ELEMENTS, SUBSTANCES AND ORGANISMS IN RELATION TO WHICH CHECK MONITORING MUST BE CARRIED OUT Repealed
  91. Schedule 11MINIMUM FREQUENCIES FOR SAMPLING AND ANALYSIS OF SPRING WATER AND BOTTLED DRINKING WATER Repealed
  92. Schedule 12: Monitoring for radioactive substances in spring water and bottled drinking water
  93. Part 1: General
  94. 1General
  95. 2Indicative dose
  96. 3Indicative dose
  97. 4Indicative dose
  98. 5Indicative dose
  99. 6Indicative dose
  100. 7Indicative dose
  101. 8Indicative dose
  102. 9Tritium
  103. 10Tritium
  104. 11Tritium
  105. 12Radon
  106. 13Radon
  107. 14Radon
  108. 15Radon
  109. 16Exemption from monitoring
  110. 17Treatment of bottled drinking water
  111. 18Averaging
  112. 19Remedial action
  113. 2Minimum sampling and analysis frequencies
  114. 3Parametric values for radon, tritium and indicative dose
  115. Schedule 13: Sampling and analysis for indicative dose in spring water and bottled drinking water
  116. Part 1: General
  117. 1Analysis of samples
  118. 2Analysis of samples
  119. 3Analysis of samples
  120. 2Part 2
  121. Explanatory note