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

Regulations 4(2)(b), (5)(1)(c) and (2), 7(3), 9(2)(b), 10(1)(c) and (3) and 16(1)(a)(iv) and paragraph 1(b) of Schedule 1 and paragraph 4(b)(iii) of Part 2 of Schedule 3

SCHEDULE 4 S Exploitation and bottling requirements for natural mineral water and spring water

1.  Equipment for exploiting the water must be so installed as to avoid any possibility of contamination and to preserve the properties corresponding to those ascribed to it which the water possesses at source. S

Commencement Information

I1 Sch. 4 para. 1 in force at 30.10.2007, see reg. 1(1)

2.  The spring or outlet must be protected against the risks of pollution. S

Commencement Information

I2 Sch. 4 para. 2 in force at 30.10.2007, see reg. 1(1)

3.  The catchment, pipes and reservoirs must be of materials suitable for water and so built as to prevent any chemical, physico-chemical or microbiological alteration of the water. S

Commencement Information

I3 Sch. 4 para. 3 in force at 30.10.2007, see reg. 1(1)

4.  The conditions of exploitation, particularly the washing and bottling [F1 equipment], must meet hygiene requirements. In particular, the containers must be so treated or manufactured as to avoid adverse effects on the microbiological and chemical characteristics of the F2 ... water. S

Textual Amendments

F1 Word in sch. 4 para. 4 substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2009 (S.S.I. 2009/273), regs. 1(2), 8(a)(i)

F2 Word in sch. 4 para. 4 omitted (16.7.2009) by virtue of The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2009 (S.S.I. 2009/273), regs. 1(2), 8(a)(ii)

Commencement Information

I4 Sch. 4 para. 4 in force at 30.10.2007, see reg. 1(1)

5.—(1) Subject to sub-paragraphs (2) and (3), water must not be transported in containers other than those authorised for distribution to the ultimate consumer; S

(2) Natural mineral water may be transported from the spring to the bottling plant in a container which is not for distribution to the ultimate consumer if, on or before 17th July 1980 water from that spring was so transported;

(3) Water distributed to the ultimate consumer in a bottle marked or labelled with the description “spring water” may be transported from the spring to the bottling plant in a container which is not for distribution to the ultimate consumer if, on or before [F3 13th December 1996], water from that spring was so transported.

Textual Amendments

F3 Words in sch. 4 para. 5(3) substituted (16.7.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2009 (S.S.I. 2009/273), regs. 1(2), 8(b)

Commencement Information

I5 Sch. 4 para. 5 in force at 30.10.2007, see reg. 1(1)

6.—(1) The revivable total colony count of the water at source, determined according to sub paragraph (2), shall conform to the normal viable colony count of that water and must not show that the source of that water is contaminated. S

(2) The water colony count is that determined per ml of water–

(a) at 20 to 22°C in 72 hours on agar agar or an agar gelatine mixture;

(b) at 37°C in 24 hours on agar agar.

Commencement Information

I6 Sch. 4 para. 6 in force at 30.10.2007, see reg. 1(1)

7.—(1) After bottling, the total colony count at source may not exceed– S

(a) 100 per ml at 20 to 22°C in 72 hours on agar agar or an agar gelatine mixture; and

(b) 20 per ml at 37°C in 24 hours on agar agar.

(2) The total colony count shall be measured within the period of 12 hours following bottling, the water being maintained at 4°C +/− 1°C during that period.

Commencement Information

I7 Sch. 4 para. 7 in force at 30.10.2007, see reg. 1(1)

8.   [F4 Both at source and during its marketing, water] shall be free from– S

(a) parasites and pathogenic micro organisms;

(b) Escherichia coli and other coliforms and faecal streptococci in any 250 ml sample examined;

(c) sporulated sulphite-reducing anaerobes in any 50 ml sample examined; and

(d) Pseudomonas aeruginosa in any 250 ml sample examined.

Textual Amendments

F4 Words in sch. 4 para. 8 substituted (21.9.2009) by The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Amendment Regulations 2009 (S.S.I. 2009/273), regs. 1(3), 8(c)

Commencement Information

I8 Sch. 4 para. 8 in force at 30.10.2007, see reg. 1(1)