The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999

Regulation 4

SCHEDULE 1 E+W Recognition of natural mineral waters

Part I E+W Natural mineral waters extracted from the ground in Great Britain

1.  A person seeking to have water which is extracted from the ground in Great Britain recognised as a natural mineral water for the purposes of Article 1 shall make application in writing to the relevant authority within whose area the water is extracted, giving the particulars set out in paragraph 2 below. E+W

2.  The particulars to be given are– E+W

(a) the particulars in paragraph 1.1 of Section II of Annex I;

(b) any other information showing that the requirements in paragraph 1.2 and 1.3 of the said Section II are established by analysis in accordance with that Section; and

(c) such evidence as is satisfactory to show that the water contains no substance named in column 2 (parameters) of Table B in Schedule 3 opposite any of item numbers 1 to 9 in column 1 of the said Table in an amount, expressed in the unit of measurement specified opposite that substance in column 3 of that Table, which exceeds the maximum concentration specified opposite that substance in column 4 of that Table.

3.  In so far as particulars of any of the anions, cations, non-ionised compounds or trace elements specified in column 1 of Schedule 2 are required to be given pursuant to sub-paragraph (b) of paragraph 2 above, the concentration of each such anion, cation, non-ionised compound or trace element shall, in those particulars, be expressed in the unit of measurement specified opposite it in column 2 of that Schedule. E+W

4.  Where such particulars have been so given, the relevant authority shall assess them and shall, for the purposes of Article 1, recognise the water to which those particulars relate if it is satisfied that– E+W

(a) the water is natural mineral water which complies with paragraph 3 of Section I of Annex I; and

(b) the characteristics of the water have been assessed in accordance with–

(i) the points set out in paragraph (a) of the first unlettered sub-paragraph of paragraph 2 of Section I of Annex I;

(ii) the requirements and criteria listed in Section II of Annex I; and

(iii) recognised scientific methods.

5.  The relevant authority shall, on recognising a natural mineral water for the purposes of Article 1 in accordance with paragraph 4 above, publish an announcement of such recognition, and the grounds on which it has been granted, in the London Gazette and the Edinburgh Gazette. E+W

Part II E+W Natural mineral waters extracted from the ground in a country other than an EEA State

1.  A person seeking to have a water which is extracted from the ground in a country other than an EEA State recognised as a natural mineral water for the purposes of Article 1 shall make application in writing to the Minister, giving the particulars set out in paragraph 2 below. E+W

2.  The particulars to be given are– E+W

(a) the particulars in paragraph 1.1 of Section II of Annex I;

(b) any other information showing that the requirements in paragraph 1.2 and 1.3 of the said Section II are established in accordance with that Section; and

(c) such evidence as is satisfactory to show that the water contains no substance named in column 2 (parameters) of Table B in Schedule 3 opposite any of item numbers 1 to 9 in column 1 of the said Table in an amount, expressed in the unit of measurement specified opposite that substance in column 3 of that Table, which exceeds the maximum concentration specified opposite that substance in column 4 of that Table.

3.  In so far as particulars of any of the anions, cations, non-ionised compounds or trace elements specified in column 1 of Schedule 2 are required to be given pursuant to paragraph 2 above the concentration of each such anion, cation, non-ionised compound or trace element shall, in those particulars, be expressed in the unit of measurement specified opposite it in column 2 of that Schedule. E+W

4.  The Minister shall not recognise such a water unless the responsible authority of the country in which the water is extracted has certified that– E+W

(a) it is satisfied–

(i) that the requirements in paragraph 1.2 and 1.3 of Section II of Annex I are established by analysis in accordance with that Section; and

(ii) with the evidence given pursuant to sub-paragraph (c) of paragraph 2 above; and

(b) periodic checks are made to ascertain that–

(i) the water is natural mineral water which complies with paragraph 3 of Section I of Annex I;

(ii) the characteristics of the water are assessed in accordance with–

(aa) the points set out in paragraph (a) of the first unlettered sub-paragraph of paragraph 2 of Section I of Annex I;

(bb) the requirements and criteria listed in Section II of Annex I; and

(cc) recognised scientific methods; and

(iii) the provisions of paragraphs 2 and 3 of Annex II are being applied by the person exploiting the spring.

5.  Recognition of such a water shall lapse after a period of five years unless the responsible authority of the country in which the water is extracted has renewed the certification required by paragraph 4 above. E+W

6.  The Minister shall, on recognising a water in accordance with this Part of this Schedule, publish an announcement of such recognition in the London Gazette and the Edinburgh Gazette. E+W

Regulation 4(9)

SCHEDULE 2 E+W Particulars of anions, cations, non-ionised compounds and trace elements

Regulations 11, 12 and 16

SCHEDULE 3 E+W Requirements for spring water and drinking water including prescribed concentrations or values of parameters

Part I E+W Requirements for spring water and drinking water

1.  Water satisfies the requirements of this Schedule if– E+W

(a) the water does not contain any property, element, organism, or substance–

(i) (other than a parameter) at a concentration or value which would be injurious to health;

(ii) (whether or not a parameter) at a concentration or value which in conjunction with any other property, element, organism or substance it contains (whether or not a parameter) would be injurious to health;

(b) the water does not contain–

(i) concentrations or values of any of the parameters listed in Tables A to D in Part II of this Schedule in excess of the prescribed concentrations or values;

(ii) concentrations of trihalomethanes (being the aggregate of the concentrations of trichloromethane, dichlorobromomethane, dibromochloromethane and tribromomethane) in excess of 100μg/l; and

(c) in the case of water prepared from water which has been softened or desalinated, its hardness is not below a minimum concentration of 60 mg Ca/l and its alkalinity is not below a minimum concentration of 30 mg HCO₃/l.

2.  The concentrations or values of the parameters listed in Tables A to D in Part II of this Schedule shall be read in conjunction with the notes thereto. E+W

Part II E+W Prescribed concentrations or values

TABLE A

{s001} Note(i) If silver is used in a water treatment process, 80 may be substituted for 10.
Column 1	Column 2	Column 3	Column 4
Item	Parameters	Units of Measurement	Concentration or Value (maximum unless otherwise stated)
1.	Colour	mg/l Pt/Co scale	20
2.	Turbidity (including suspended solids)	Formazin turbidity units	4
3.	Odour (including hydrogen sulphide)	Dilution number	3 at 25°C
4.	Taste	Dilution number	3 at 25°C
5.	Temperature	°C	25
6.	Sulphate	Mg SO4/l	250
7.	Magnesium	Mg Mg/l	50
8.	Sodium	Mg Na/l	150
9.	Potassium	Mg K/l	12
10.	Dry residues	Mg/l	1500 (after drying at 180°C)
11.	Nitrate	Mg NO3/l	50
12.	Nitrite	Mg NO2/l	0.1
13.	Ammonium (ammonia and ammonium ions)	Mg NH4/l	0.5
14.	Kjeldahl nitrogen	Mg N/l	1
15.	Oxidizability (permanganate value)	Mg O2/l	5
16.	Total organic carbon	Mg C/l	No significant increase over that normally observed
17.	Dissolved or emulsified hydrocarbons (after extraction with petroleum ether); mineral oils	μg/l	10
18.	Phenols	μg C6H5OH/l	0.5
19.	Surfactants	μg/l (as lauryl sulphate)	200
20.	Aluminium	μg A1/l	200
21.	Iron	μg Fe/l	200
22.	Manganese	μg Mn/l	50
23.	Copper	μg Cu/l	3000
24.	Zinc	μg Zn/l	5000
25.	Phosphorus	μg P/l	2200
26.	Fluoride	μg F/l	1500
27.	Silver	μg Ag/l	10 {s001}(i)

TABLE B

{s002}(i) The sum of the detected concentrations of individual substances. {s003}(ii) The sum of the detected concentrations of fluoranthene, benzo 3.4 fluoranthene, benzo 11.12 fluoranthene, benzo 3.4 pyrene, benzo 1.12 perylene and indeno (1,2,3–cd) pyrene.
Column 1	Column 2	Column 3	Column 4
Item	Parameters	Units of Measurement	Maximum Concentration
1.	Arsenic	μg As/l	50
2.	Cadmium	μg Cd/l	5
3.	Cyanide	μg CN/l	50
4.	Chromium	μg Cr/l	50
5.	Mercury	μg Hg/l	1
6.	Nickel	μg Ni/l	50
7.	Selenium	μg Se/l	10
8.	Antimony	μg Sb/l	10
9.	Lead	μg Pb/l	10
10.	Pesticides and related products: (a)individual substances	μg/l	0.1
	(b)total substances {s002}(i)	μg/l	0.5
11.	Polycyclic aromatic Hydrocarbons {s003}(ii)	μg/l	0.2

TABLE D

Column 1	Column 2	Column 3	Column 4
Item	Parameters	Units of Measurement	Maximum Concentration or Value
1.	Conductivity	μS/cm	1500 at 20°C
2.	Chloride	mg Cl/l	400
3.	Calcium	mg Ca/l	250
4.	Substances extractable in chloroform	mg/l dry residue	1
5.	Boron	μg B/l	2000
6.	Barium	μg Ba/l	1000
7.	Benzo 3.4 pyrene	ng/l	10
8.	Tetrachloromethane	μg/l	3
9.	Trichloroethene	μg/l	30
10.	Tetrachloroethene	μg/l	10

Regulation 21

SCHEDULE 4 E+W Revocations

Column 1	Column 2	Column 3
Regulations revoked	References	Extent of revocation
The Natural Mineral Waters Regulations 1985	S.I. 1985/73	The whole Regulations
The Food Safety Act 1990 (Consequential Modifications) (No. 2) (Great Britain) Order 1990	S.I. 1990/2487	Article 3(1)
The Food Safety (Exports) Regulations 1991	S.I. 1991/1476	In Schedule 1 Part II the reference in column 2 to the Natural Mineral Waters Regulations 1985 and the entries corresponding thereto in columns 1 and 3
The Food (Forces Exemptions) (Revocations) Regulations 1992	S.I. 1992/2596	In the Schedule Part III the reference in column 2 to the Natural Mineral Waters Regulations 1985 and the entries corresponding thereto in columns 1 and 3
The Drinking Water in Containers Regulations 1994	S.I. 1994/743	The whole Regulations
The Marketing Authorisations for Veterinary Medicinal Products Regulations 1994	S.I. 1994/3142	Schedule 5 paragraph 13
The Medicines for Human Use (Marketing Authorisations etc.) Regulations 1994	S.I. 1994/3144	Schedule 7 paragraphs 12 and 19