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The Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007

S.I. 2007/2785 · Made 19 September 2007 · Extends to England and Wales

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

FOOD, ENGLAND

Made 19th September 2007

Laid before Parliament 27th September 2007

Coming into force 31st October 2007

M1M2The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16(1), 17(1), 26(1)(a) and (3), 31 and 48(1) of and paragraphs 1 and 4(b) of Schedule 1 to the Food Safety Act 1990 and now vested in him .

In accordance with section 48(4A) of that Act, he has taken into account relevant advice given by the Food Standards Agency.

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 M3 there has been open and transparent public consultation during the preparation and evaluation of these Regulations.C1

Annotations to the whole text

Marginal citations

M1

1990 c. 16; section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Sections 17 and 48 were amended by paragraphs 12 and 21 respectively of Schedule 5 to the Food Standards Act 1999 (1999 c.28), “the 1999 Act”. Section 48 was also amended by S.I. 2004/2990. Section 26(3) was amended by Schedule 6 to the 1999 Act. Section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting out Act 1994 (1994 c. 40), Schedule 6 to the 1999 Act and S.I. 2004/2990.

M2

Functions formerly exercisable by “the Ministers” (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the 1999 Act. Functions of “the Ministers” so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the 1999 Act, and thereafter transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c.32). Those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c.46) as read with section 40(2) of the 1999 Act. Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to amend or revoke existing Regulations made or having effect as if made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the Food Safety Act 1990.

M3

OJ No. L31, 1.2.2002, p.1, as last amended by Commission Regulation (EC) No. 575/2006 amending Regulation (EC) No. 178/2002 of the European Parliament and of the Council as regards the number and names of the permanent Scientific Panels of the European Food Safety Authority (OJ No. L100, 8.4.2006, p.3).

Modifications

C1

Regulations applied in part (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)

Contents

  1. Part 1: Introductory
  2. 1Title, application and commencement
  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 advertising of natural mineral water
  12. 9Sale of natural mineral water
  13. 9ATransitional provision: withdrawal from the EEA and the EU
  14. Part 3: Spring water
  15. 10Bottling of spring water and exploitation of spring water springs
  16. 11Marking, labelling and advertising of spring water
  17. 12Sale of spring water
  18. Part 4: Bottled drinking water
  19. 13Bottling of drinking water
  20. 14Marking, labelling and advertising of bottled drinking water
  21. 15Sale of bottled drinking water
  22. Part 5: Miscellaneous and supplemental
  23. 16Enforcement
  24. 16AMonitoring of water bottled and labelled as “spring water” and bottled drinking water
  25. 17Arrangements for samples taken for analysis
  26. 18Secondary analysis by the Government Chemist
  27. 19Methods of analysis Repealed
  28. 20Offences and penalties Repealed
  29. 21Defences Repealed
  30. 22Application of the Act
  31. 23Revocation
  32. Signature
  33. Schedule 1: Conditions for treatment of natural mineral waters and spring waters with ozone–enriched air
  34. 1Paragraph 1
  35. 2Paragraph 2
  36. 3Paragraph 3
  37. 4Paragraph 4
  38. 5Paragraph 5
  39. 6Paragraph 6
  40. 7Paragraph 7
  41. 8Paragraph 8
  42. 9Paragraph 9
  43. 10Paragraph 10
  44. Schedule 1A: CONDITIONS FOR TREATMENT OF NATURAL MINERAL WATER AND SPRING WATER WITH ACTIVATED ALUMINA TO REMOVE FLUORIDE
  45. 1Paragraph 1
  46. 2Paragraph 2
  47. 3Paragraph 3
  48. 4Paragraph 4
  49. 5Paragraph 5
  50. 6Paragraph 6
  51. 7Paragraph 7
  52. 8Paragraph 8
  53. 9Paragraph 9
  54. Schedule 2: Requirements for water bottled and labelled as “spring water” and bottled drinking water
  55. 1Requirements for water bottled and labelled as “spring water” and bottled drinking water
  56. 2Parametric values for microbiological parameters
  57. 3Parametric concentrations for chemical parameters
  58. 4Parametric activity concentrations for radon and tritium and parametric value for indicative dose
  59. Schedule 3: Recognition of natural mineral waters
  60. Part 1: Natural mineral waters extracted from the ground in England
  61. 1Paragraph 1
  62. 2Paragraph 2
  63. 3Paragraph 3
  64. 4Paragraph 4
  65. 5Paragraph 5
  66. Part 2: Natural mineral waters extracted from the ground in a Third Country
  67. 1Paragraph 1
  68. 2Paragraph 2
  69. 3Paragraph 3
  70. 4Paragraph 4
  71. 5Paragraph 5
  72. 6Paragraph 6
  73. Part 3: Requirements and criteria for recognition as a natural mineral water
  74. 1Paragraph 1
  75. 2Paragraph 2
  76. 3Paragraph 3
  77. 4Paragraph 4
  78. Schedule 4: Exploitation and bottling requirements for natural mineral water and spring water
  79. 1Paragraph 1
  80. 2Paragraph 2
  81. 3Paragraph 3
  82. 4Paragraph 4
  83. 5Paragraph 5
  84. 6Paragraph 6
  85. 7Paragraph 7
  86. 8Paragraph 8
  87. Schedule 5Particulars of anions, cations, non–ionised compounds and trace elements
  88. Schedule 6Maximum limits for constituents of natural mineral waters
  89. Schedule 7Performance characteristics for analysing the constituents in Schedule 6
  90. Schedule 8Labelling indications for natural mineral water and criteria for use
  91. 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
  92. Schedule 10PARAMETERS , PROPERTIES, ELEMENTS, SUBSTANCES AND ORGANISMS IN RELATION TO WHICH CHECK MONITORING MUST BE CARRIED OUT Repealed
  93. Schedule 11MINIMUM FREQUENCIES FOR SAMPLING AND ANALYSIS OF SPRING WATER AND BOTTLED DRINKING WATER Repealed
  94. Schedule 12: Monitoring of water bottled and labelled as “spring water” and bottled drinking water
  95. Part 1: Interpretation
  96. 1General
  97. 2Delegated tasks
  98. Part 2: General
  99. 3Application
  100. 4Sampling: general
  101. 5Sampling: non-radioactive substances
  102. 6Monitoring: radioactive substances
  103. 7Microbiological parameters
  104. 8Chemical parameters
  105. 9Radon
  106. 10Tritium
  107. 11Indicative dose
  108. 12Indicator parameters
  109. 13Other parameters
  110. 14Delegation of tasks
  111. 15Quality management practices
  112. 16Validation and documentation
  113. 3Minimum sampling and analyses frequencies for monitoring radioactive substances
  114. 4Methods of analyses relating to specified microbiological parameters
  115. Part 5: Methods of analysis relating to chemical parameters
  116. Methods of analysis
  117. 17Method of analysis
  118. 18Minimum performance characteristics
  119. 19Minimum performance characteristics: individual pesticides
  120. 20Alternative minimum performance characteristics
  121. 21Uncertainty of measurement
  122. SECTION2Minimum performance characteristics for a method of analysis
  123. SECTION3Alternative minimum performance characteristics for a method of analysis that may be used until the end of 31st December 2019
  124. Part 6: Monitoring obligations relating to radon
  125. 22Representative surveys
  126. 23Monitoring obligation
  127. 24Exemption
  128. 25Analysis of sample
  129. 26Action following the result of analysis
  130. 27Taking of samples: reduced frequency
  131. 28Treated bottled drinking water
  132. Part 7: Monitoring obligations relating to tritium
  133. 29Monitoring obligation
  134. 30Exemption
  135. 31Analysis of sample
  136. 32Action following the results of analysis
  137. 33Taking of samples: reduced frequency
  138. 34Treated bottled drinking water
  139. Part 8: Monitoring obligations relating to indicative dose
  140. General
  141. 35Monitoring obligation
  142. 36Exemption
  143. 37Screening
  144. 38Screening by determining gross alpha activity
  145. 39Screening by determining gross beta activity
  146. 40Screening based on analysis relating to one radionuclide
  147. 41Screening based on analysis relating to more than one radionuclide
  148. 42Stopping or reducing the frequency of sampling: screening for indicative dose
  149. 43Analysis of sample
  150. 44Obligation to make an indicative dose determination
  151. 45Determination relating to indicative dose
  152. 46Action following the result of a paragraph 45 determination
  153. 47Stopping or reducing the frequency of sampling: indicative dose
  154. 48Treated bottled drinking water
  155. SECTION2Minimum levels of detection
  156. Interpretation
  157. 49Derived concentration
  158. Part 9: Monitoring obligations relating to indicator parameters
  159. SECTION1Parametric concentrations and values for indicator parameters
  160. Monitoring obligations
  161. 50Analysis of sample
  162. 51Clostridium perfringens
  163. 52Uncertainty of measurement
  164. Method of analysis
  165. 53Method of analysis
  166. 54Minimum performance characteristics
  167. 55Alternative minimum performance characteristics
  168. SECTION4Minimum performance characteristics for a method of analysis
  169. SECTION5Alternative minimum performance characteristics for a method of analysis that may be used until the end of 31st December 2019
  170. Part 10: Delegation of tasks by a food authority
  171. Delegation of tasks
  172. 56Delegation
  173. SECTION2Tasks that may be delegated
  174. Part 11: Remedial action
  175. 57Remedial action
  176. Schedule 13Application and modification of provisions of the Act
  177. Explanatory note