Statutory Instruments

2007 No. 2785

food, England

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

Made

19th September 2007

Laid before Parliament

27th September 2007

Coming into force

31st October 2007

Contents

Go to Preamble

  1. PART 1

    Introductory

    1. 1. Title, application and commencement

    2. 2. Interpretation

    3. 3. Exemptions

  2. PART 2

    Natural mineral water

    1. 4. Recognition as natural mineral water

    2. 5. Exploitation of natural mineral water springs

    3. 6. Treatments and additions for natural mineral water

    4. 7. Bottling of natural mineral water

    5. 8. Marking, labelling and advertising of natural mineral water

    6. 9. Sale of natural mineral water

  3. PART 3

    Spring water

    1. 10. Bottling of spring water and exploitation of spring water springs

    2. 11. Marking, labelling and advertising of spring water

    3. 12. Sale of spring water

  4. PART 4

    Bottled drinking water

    1. 13. Bottling of drinking water

    2. 14. Marking, labelling and advertising of bottled drinking water

    3. 15. Sale of bottled drinking water

  5. PART 5

    Miscellaneous and supplemental

    1. 16. Enforcement

    2. 17. Arrangements for samples taken for analysis

    3. 18. Secondary analysis by the Government Chemist

    4. 19. Methods of analysis

    5. 20. Offences and penalties

    6. 21. Defences

    7. 22. Application of other provisions

    8. 23. Revocation

    1. SCHEDULE 1

      Conditions for treatment of natural mineral waters and spring waters with ozone–enriched air

    2. SCHEDULE 2

      Requirements for spring water and drinking water including prescribed concentrations or values of parameters

      1. PART 1

        Requirements for spring water and drinking water

      2. PART 2

        Prescribed concentrations or values

    3. SCHEDULE 3

      Recognition of natural mineral waters

      1. PART 1

        Natural mineral waters extracted from the ground in England

      2. PART 2

        Natural mineral waters extracted from the ground in a country other than an EEA State

      3. PART 3

        Requirements and criteria for recognition as a natural mineral water

    4. SCHEDULE 4

      Exploitation and bottling requirements for natural mineral water and spring water

    5. SCHEDULE 5

      Particulars of anions, cations, non–ionised compounds and trace elements

    6. SCHEDULE 6

      Maximum limits for constituents of natural mineral waters

    7. SCHEDULE 7

      Performance characteristics for analysing the constituents in Schedule 6

    8. SCHEDULE 8

      Labelling indications for natural mineral water and criteria for use

Go to Explanatory Note

The 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(1) and now vested in him(2).

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(3) there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

(1)

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. Back [1]

(2)

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. Back [2]

(3)

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). Back [3]